What if a cop stops me while im out?

adamwa · Oct 26, 2006

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Do I have to turn the gun over to the cop?

Do I have to unload it?

Can he take the gun from my holster?

Can I just say no sir, i'm not doing anything wrong?

What if he says I have to conceal it or put it away.:cuss:

What am I supposed to do! I don't wanna give my gun to a cop. I'm Allowed to carry. Is there a law saying for a cops safety he can take it from you during questioning.

Do I have to show ID? Do I have to let him run the gun serial number? Can I just say i'm in a hurry right now sorry I don't have time.:banghead:

Erus · Oct 27, 2006

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adamwa wrote:

Do I have to turn the gun over to the cop?

Do I have to unload it?

Can he take the gun from my holster?

Can I just say no sir, i'm not doing anything wrong?

What if he says I have to conceal it or put it away.:cuss:

What am I supposed to do! I don't wanna give my gun to a cop. I'm Allowed to carry. Is there a law saying for a cops safety he can take it from you during questioning.

Do I have to show ID? Do I have to let him run the gun serial number? Can I just say i'm in a hurry right now sorry I don't have time.:banghead:

*edited upon request from original poster*

OK the first try didn't work:

Basically, my response is simple: DO NOT in any circumstance treat an encounter with LEO as a Deadly Force Threat. If you have to, argue with the judge with a Lawyer at your side, NOT with the cop with your Firearm at your side (or worse, drawn). You WILL lose, even if it turns out later that you were in the right. I'd rather tell my wife I have to sue the police than have the police tell my wife I am dead cause I was stupid enough to resist a duly appointed officer of the law over my gun.

I have NO interest in giving up my gun to ANYONE, ANYTIME, but even if I am not breaking any law, and the LEO is, I know better than to start a gunfight with a cop.

Erus

Mike · Oct 27, 2006

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Police harassment of open carriers are very rare, especially after some publicity by gun owners objecting to such police over-reactions.

I think you should use common sense, say calm, do not consent to searches, etc. For advanced advice in your state, pay a certified criminal or civil rights attorneyto advise you as to your rights and duties.

Then after the fact, if there was an overreation, you follow up with your police and elected officials to get the situation remedied. Petser them, FOIA them, point out violations of law and common sense and procedure - trust me, this works over time.

expvideo · Oct 27, 2006

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My advice when confronting cops is to remain calm and VERY polite. Don't treat him like he doesn't know what he's doing, they don't like that.

You are allowed to ask questions. If a cop asks you to turn over your gun, while I'm not entirely sure what your rights are regarding that, I'd recommend you politely allow him to take it for the moment, if it makes him more comfortable. Just make sure to keep that friendly, polite, law-abiding-citizen personality.

If confronted by a police officer that was ignorant of my right to open carry, I would let him take and unload the weapon, while I showed him the Federal Way training bulletin, and explained to him that it was within the law. He's likely to give the gun back and recommend concealing it, which you don't have to do (especially if you don't have a permit), but he'll "strongly" recommend it. If he decides to arrest you, call a lawyer. You should be out with charges dropped in no time, and you can enjoy sueing the department for false arrest.

psmartin · Oct 27, 2006

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Here is the best case scenerio for what happens if you draw your weapon "in self-defense" if the officer attempts to disarm you:

You will have the snot kicked out of you, will be arrested and charged with several felonies and probably have a boyfriend while at the local jail

And the worst case:

The officer will empty his magazine into your chest, and the officer will get paid-leave until the investigation of your death is completed.

Remember, most of the time when someone pulls a gun on an officer, they are trying to kill them... And most officers have a family to return to every evening.

DKSuddeth · Oct 27, 2006

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psmartin wrote:

Here is the best case scenerio for what happens if you draw your weapon "in self-defense" if the officer attempts to disarm you:

You will have the snot kicked out of you, will be arrested and charged with several felonies and probably have a boyfriend while at the local jail

And the worst case:

The officer will empty his magazine into your chest, and the officer will get paid-leave until the investigation of your death is completed.

Remember, most of the time when someone pulls a gun on an officer, they are trying to kill them... And most officers have a family to return to every evening.

You know, I have a serious problem with being limited to those two options in a country that is supposed to be free!!!!:cuss:

expvideo · Oct 28, 2006

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DKsuddeth, I don't think the constitution recognizes the inalienable right to shoot peace officers. Why would that make this country less free? We shouldn't be free to draw weapons on cops.

murphyslaw · Oct 28, 2006

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wow, this guy asked what the process was when encountered by a leo, then everyone started talking about shooting leo's. I HIGHTLY doubt this guy has any intention on drawing down on an officer(I hope). lets give him the benifite of the doubt.

when encountered by a leo, be polite as if it was your grandmother.
follow directions, if he ask you to disarm do it!! its only better for u that way.
if he ask u to conseal it tell him politly, thanks for your consern and sugesstion but I would rather not.
some officers will disarm u, but all WILL give it back. we like to have control over all weapons when we are uncomfterble with an indedual.

again be nice, polite, and follow directions.

adamwa · Oct 28, 2006

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yes I have no desire to touch my gun in front of an officer, my reason for the post was not to find ways to attack a cop, it was to find out what the laws were so I could do what was lawful as quickly and easily as possible. If I knew for sure I was obligated to take it off then I would ask how he wanted me to proceed in doing that. I Also want to make sure if i'm not required to take the gun off, that I don't, Yes there are a few cases where people act like cops and pull people over that really are not cops. And to those people I would rather not hand a gun over to. So I wanted to see with this post if anyone did know what was required and what was not. No one should shoot a cop for this reason, since 99% of the cops out there are there to help.

DKSuddeth · Oct 28, 2006

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expvideo wrote:

DKsuddeth, I don't think the constitution recognizes the inalienable right to shoot peace officers. Why would that make this country less free? We shouldn't be free to draw weapons on cops.

the constitution details the inalienable right to life and liberty. It doesn't enumerate to the government the power of LEOs to be special citizens, nor does it say thou shalt submit to law enforcement. I have no problem being polite and courteous as a LEO does his job, but what I do have a problem with is when the small percentage of LEOs who have a chip on their shoulder, decide that they can treat usamericans like second class citizens and be all disrespectful, or even worse, physically abusive.

At the point that the LEO crosses the line, people recommend that we just roll over and take the abuse, then sort it out in court. That is exactly the reason we're in such a JBT state now. When the people fear the government, there is tyranny. When the government fears it's people, there is liberty.

I'm not saying that we should all be ready to draw on LEOs with attitudes, but we shouldn't give them a free pass on abusive or illegal conduct.

norahc · Oct 28, 2006

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adamwa wrote:

Do I have to turn the gun over to the cop?

Do I have to unload it?

Can he take the gun from my holster?

Can I just say no sir, i'm not doing anything wrong?

What if he says I have to conceal it or put it away.:cuss:

What am I supposed to do! I don't wanna give my gun to a cop. I'm Allowed to carry. Is there a law saying for a cops safety he can take it from you during questioning.

Do I have to show ID? Do I have to let him run the gun serial number? Can I just say i'm in a hurry right now sorry I don't have time.:banghead:

IANAL but I will try and answer your questions...

First of all, let me address the portion of your post concerning the LEO taking your weapon. The courts have been very lenient towards law enforcement disarming anyone they are dealing with for the duration of the encounter. As far as I'm aware, there is no specific law in WA that states you MUST surrender your weapon to a LEO when asked, but this is an easy way to turn a routine encounter into a felony stop and the courts will probably side with the officer.

Once the weapon is in the possession of the officer, they can run the serial numbers to check for stolen (this falls under the plain sight criteria). Again, there is no law I'm aware of that allows this, but the courts have not put an end to it.

In WA you do not have to carry ID when carrying a firearm, but if you have a CHL you MUST HAVE IT IN YOUR POSSESSION any time you are carrying a firearm, even if you are OC'ing at the time. In addition, you MUST show your CHL to the officer if he asks to see it.

Hope this helps, and YMMV.

adamwa · Oct 28, 2006

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I disagree with your saying

"In WA you do not have to carry ID when carrying a firearm, but if you have a CHL you MUST HAVE IT IN YOUR POSSESSION any time you are carrying a firearm, even if you are OC'ing at the time. In addition, you MUST show your CHL to the officer if he asks to see it."

My license says on it

" Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is REQUIRED BY LAW to have a concealed pistol license.."

so as long as I'm not carrying concealed, than I do not believe i need the license on me. I do not know of any law stating what you have said. don't take my word for it, I just don't think you need to, I always carry mine anyway.

Gray Peterson · Oct 28, 2006

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nora,

I'm afraid that adamwa is right. You are only required to have your CPL only when you're legally required to have it without violating law. For example, if you're open carrying in your car, you MUST have a CPL in order to carry in your car, and failure to have such is a $250 fine.

Btw, this thread should be moved out of Washington State at a minimum, or deleted entirely.

psychophipps · Oct 29, 2006

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Correction of a correction...

You cannot have a loaded pistol in your car without a CPL while OCing. (http://www.packing.org/state/washington/#statecar_law)If you unload your handgun andplace the magazine in your pocket or other place not in or attached to the weapon then you're in the good.

Not saying that an officer won't get twitchy or hassle you but that's what I'm reading here...

Mark(psycho)Phipps( HAHAHA! )

amzbrady · Feb 25, 2010

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thats correct.

1245A Defender · Feb 25, 2010

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amzbrady wrote:

thats correct.

this is nuts,,, a guy in conneticut asking questions in washington,,, getting answered by guys from virginia, nevada, texas, alaska, and conneticut!
some of them are even right! funny too, that i dont recognize any of these guys.
if the OP is in washington, then he should be reading the stickied threads at the top to learn all the stuff regarding the laws and rights we have hashed out here in our state!
asking 4 or 5 questions and then going out in the world with a smattering of feedback is just asking for trouble, that you would not know how to handle!

tyguy808 · Feb 25, 2010

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norahc wrote:

In WA you do not have to carry ID when carrying a firearm, but if you have a CHL you MUST HAVE IT IN YOUR POSSESSION any time you are carrying a firearm, even if you are OC'ing at the time. In addition, you MUST show your CHL to the officer if he asks to see it.

WRONG! You do not have to carry your CPL on you if you are OC'ing, you don't even need to have any ID. The ONLY TIME you are required to carry your CPL is if you are CC'ing, but not even all the time. You may carry concealedwhile hunting, fishing, hiking or any other legal outdoor activity without a permit!!!!!You do not need a CPL to OC, thats like saying you need a Driver's License to ride a bus.

Edit: I just realized that I'm arguing with a post that is 3 and a half years old!!!! oopsy!:uhoh:

1245A Defender · Feb 25, 2010

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amzbrady wrote:

thats correct.

thanks for bringing this back from the dead :cuss:

many of us just saw it bump to the top, without checking the date :banghead:

this thread is nearly 4 years old :shock:

please dont reply anymore,,, just let it rest in peace

FMCDH · Feb 25, 2010

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NavyLT wrote:

amzbrady wrote:

thats correct.

Click to expand...

DAMN IT!

HA! I just bumped it to two pages!

Curse you amzbrady!! :cuss:

LOL, too freaking funny.

O hey............................................:lol:......................................................bump!

amzbrady · Feb 25, 2010

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FMCDH wrote:

NavyLT wrote:

amzbrady wrote:

thats correct.

Click to expand...

DAMN IT!

HA! I just bumped it to two pages!

Click to expand...

Curse you amzbrady!! :cuss:

LOL, too freaking funny.

O hey............................................:lol:......................................................bump!

I had to do it, Ive seen so many drop dead threads come back to life discussing the same thing was just discussed, LOL I found the oldest one I could that I knew someone would have to just jump on. too funny. Sorry guys, thats what unemployment and boredome does to ya.

What if a cop stops me while im out?

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