Orygunner
Regular Member
imported post
Oregon is one of those states where if you are pulled over by a LEO, they're going to know you have a CHL as soon as they run your License. So the common recommendation in Oregon is to hand over both your License and CHL at the same time, because they're going to know no matter what.
I've heard reports that some officers simply ask where the handgun is, while others have reported that the LEO insisted on disarming the citizen and holding the gun (putting in on or in their cruiser) until the traffic stop is complete.
I believe that for a "Terry Stop" (Officer has reasonable suspicion a crime has been, is being, or will be committed), an officer has the power to frisk and disarm you (tell meif I'm wrong), but what if it's just a traffic infraction? Does the officer have the power to force you to hand over your weapon, or to even take it from you? Isn't that considered a "seizure" of your property, even if it's temporary?
If a LEO does NOT have the power to disarm me for an infraction, what's the best way to respond? I would think that "I understand you are asking for your personal safety, but I believe my handgun is in the safest place right where it is," or "I do not consent to being disarmed" would be some appropriate responses, but what do I say or do if the issue is pushed?
I do not want to have my hand anywhere near my firearm in the presence of a police officer, and I certainly do not want them removing it from my IWB holster.
...Officer, if you're going to remove my gun from my pants, I should inform you that I am a very happily married man...
...Orygunner...
Oregon is one of those states where if you are pulled over by a LEO, they're going to know you have a CHL as soon as they run your License. So the common recommendation in Oregon is to hand over both your License and CHL at the same time, because they're going to know no matter what.
I've heard reports that some officers simply ask where the handgun is, while others have reported that the LEO insisted on disarming the citizen and holding the gun (putting in on or in their cruiser) until the traffic stop is complete.
I believe that for a "Terry Stop" (Officer has reasonable suspicion a crime has been, is being, or will be committed), an officer has the power to frisk and disarm you (tell meif I'm wrong), but what if it's just a traffic infraction? Does the officer have the power to force you to hand over your weapon, or to even take it from you? Isn't that considered a "seizure" of your property, even if it's temporary?
If a LEO does NOT have the power to disarm me for an infraction, what's the best way to respond? I would think that "I understand you are asking for your personal safety, but I believe my handgun is in the safest place right where it is," or "I do not consent to being disarmed" would be some appropriate responses, but what do I say or do if the issue is pushed?
I do not want to have my hand anywhere near my firearm in the presence of a police officer, and I certainly do not want them removing it from my IWB holster.
...Officer, if you're going to remove my gun from my pants, I should inform you that I am a very happily married man...
...Orygunner...