Cue-Ball wrote:
Just to clarify Johnny Law's post - an officer can take your weapon for the duration of a stop, citing officer safety - but ONLY if the Terry Stop is legal. If you're pulled over for speeding, they can confiscate. If you're stopped for investigation of a crime, they can confiscate. But they cannot confiscate just because you have the gun (unless, as in this instance, you appear to be too young to own a weapon). There has to be reasonable, articulable suspicion of a crime first.
If they don't have PC for a stop, they also don't have the authority to disarm you.
Only reasonable suspicion need exist during a contact for a temporary Officer safety disarm. This applies to any contact be it pedestrian, vehicle stop, or wherever. The gun is then returned (usually unloaded) at the end of the contact.
A social contact (Police walk up and say hi) would not qualify, as the Officer has chosen to be in the proximity of the armed person.
Confiscation is a separate topic, and usually applies to arrest situations, where if someone is going to jail, obviously their gun isn't going with them. Confiscation can be temporary or permanent.
