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If an Officer asks for your gun...

S

sedjester

Regular Member
Joined
Jul 20, 2007
Messages
93
Location
West Valley, Utah, USA
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ORS 166.380 Examination of firearm by peace officer; arrest for failure to allow examination. (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.
(2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310. [1969 c.705 §3]
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I couldn't find anything about a CHL exempting us from ORS 166.380. But it does state "while in or on a public building" and a public building is defined as:

166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise:

(4) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.
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From my understanding the officer cannot examine my firearm unless he has RAS. But if I am in a public building as defined previous then he can examine my weapon without RAS.

I'm not saying I would physically resist if the officer wants to examine my weapon, I would just say that I do not consent to a search and seizure of my property.
 
O

Orygunner

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Springfield, Oregon, USA
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Thanks, I almost forgot about that one (ORS 166.380), because I was thinking in the context of a police stopwhile driving or in public places.

That statute really doesn't make very much sense, though. You're forbidden to posess a loaded or unloaded firearm in a "public building" by ORS 166.370, but exempted from that restriction if you have a CHL. So what difference does it make whether it is loaded, either you're allowed to posess it with a CHL, or you're not?

...Think I'll write my legislature and ask that law be removed...
...Orygunner...
 
J

johnnyb

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St Helens, Oregon, USA
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hmm i can't find it maybe its one of those things they lie to you about when you go into the dugneon to apply for a cc permit.

someone here who is really smart or good at finding shit should find out for sure!

then we'll ask the cops what the law is lol
 
T

tattedupboy

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Gary, Indiana, USA
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All this leads me to another question. What if the holster has multiple levels of retention and the officer is unable to remove it, even when you explain how to. Do you do it yourself at the risk of having him point his service weapon at you? How do you handle that?
 
A

asforme

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Kalamazoo, MI
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tattedupboy wrote:
All this leads me to another question. What if the holster has multiple levels of retention and the officer is unable to remove it, even when you explain how to. Do you do it yourself at the risk of having him point his service weapon at you? How do you handle that?
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What kind of holster do you have, a biometric serpa?
 
ConditionThree

ConditionThree

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tattedupboy wrote:
All this leads me to another question. What if the holster has multiple levels of retention and the officer is unable to remove it, even when you explain how to. Do you do it yourself at the risk of having him point his service weapon at you? How do you handle that?
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In my detention with police I volunteered instruction on how to remove my firearm from my Uncle Mikes Pro-3 triple retention holster. It took him like five attempts before removing it. Without instruction I think the police would rather struggle in removing the belt from the wearer than allow the detainee to touch their sidearm. How do you handle that? At this point, I intend to say nothing and do little- certainly do nothing provacative...
 
C

Comp-tech

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, Alabama, USA
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Alabama law states that an officer may take your weapon during questioning....

Section 15-5-31

Search for dangerous weapon; procedure if weapon or other thing found.

When a sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper has stopped a person for questioning pursuant to this article and reasonably suspects that he is in danger of life or limb, he may search such person for a dangerous weapon. If such officer finds such a weapon or any other thing, the possession of which may constitute a crime, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.
 
D

David.Car

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Jun 1, 2008
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Spokane, Washington, USA
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tattedupboy wrote:
All this leads me to another question. What if the holster has multiple levels of retention and the officer is unable to remove it, even when you explain how to. Do you do it yourself at the risk of having him point his service weapon at you? How do you handle that?
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You let them remove your pants if need be.
 
A

asforme

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Kalamazoo, MI
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I'd be tempted to just stand there and laugh at them while they struggle with my holster, offering absolutely no assistance in seizing my weapon against my will.
 
J

johnnyb

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Jun 9, 2008
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340
Location
St Helens, Oregon, USA
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Orygunner wrote:
Thanks, I almost forgot about that one (ORS 166.380), because I was thinking in the context of a police stopwhile driving or in public places.

That statute really doesn't make very much sense, though. You're forbidden to posess a loaded or unloaded firearm in a "public building" by ORS 166.370, but exempted from that restriction if you have a CHL. So what difference does it make whether it is loaded, either you're allowed to posess it with a CHL, or you're not?

...Think I'll write my legislature and ask that law be removed...
...Orygunner...
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you know, i think that its washington state that requires you to let them inspect it. because i have concealed in both oregon and washington. maybe i heard it in wash...
 
deepdiver

deepdiver

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Apr 2, 2007
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Southeast, Missouri, USA
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If an officer is trying to remove my condition 1 firearm from my retention holster I am not going to be laughing, I am going to be scared to death of an ND into my leg or other vital part of my body.

I think this would be an instance where I would object to an officer's request. I have thought about this a lot as this, to me, is one of the scariest things about carrying. If I asked I think I also would go the route of saying something like, "I will not resist your seizing my firearm, however, my sidearm is locked and loaded and in a retention holster and I strongly object to anyone handling it at this moment as it is an unnecessary risk of an unintentional discharge into one of my body parts." I think I would rather be cuffed for their safety and my pistol left the hell alone as I'm not going to get negligently shot by my own gun that way.
 
H

HungSquirrel

Regular Member
Joined
Oct 2, 2007
Messages
341
Location
Mobile, Alabama, USA
imported post

Comp-tech wrote:
Alabama law states that an officer may take your weapon during questioning....

Section 15-5-31

Search for dangerous weapon; procedure if weapon or other thing found.

When a sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper has stopped a person for questioning pursuant to this article and reasonably suspects that he is in danger of life or limb, he may search such person for a dangerous weapon. If such officer finds such a weapon or any other thing, the possession of which may constitute a crime, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.
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I don't think mere possession of a firearm qualifies as reasonable suspicion of danger, but I imagine the average Alabama LEO will feel differently.
 
S

sedjester

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Joined
Jul 20, 2007
Messages
93
Location
West Valley, Utah, USA
imported post

johnnyb wrote:
David.Car wrote:
johnnyb wrote:
you know, i think that its washington state that requires you to let them inspect it. because i have concealed in both oregon and washington. maybe i heard it in wash...
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Most definitly not.
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well i'm all @#$%ed up i'd like to know for sure about oregon
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Perhaps you saw something that was for a city that bans loaded firearms, like Portland or Beaverton. And if that is the case, wouldn't those that have a CHL be exempt from any such city law?
 
G

Gentleman Ranker

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imported post

deepdiver (17 July 2008 Thursday 12:10) did say and opine:

If an officer is trying to remove my condition 1 firearm from my retention holster I am not going to be laughing, I am going to be scared to death of an ND into my leg or other vital part of my body.
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Thank you.

I don't think all LEOs would have this problem, but some clearly would, and I don't want to have to guess which kind is trying to disarm me.

I don't know what the best thing to do would be in this situation. I realize the LEO wants to go home at the end of his shift, but so do I.

regards,

GR
 
J

johnnyb

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Joined
Jun 9, 2008
Messages
340
Location
St Helens, Oregon, USA
imported post

sedjester wrote:
johnnyb wrote:
David.Car wrote:
johnnyb wrote:
you know, i think that its washington state that requires you to let them inspect it. because i have concealed in both oregon and washington. maybe i heard it in wash...
Click to expand...
Most definitly not.
Click to expand...
well i'm all @#$%ed up i'd like to know for sure about oregon
Click to expand...
Perhaps you saw something that was for a city that bans loaded firearms, like Portland or Beaverton. And if that is the case, wouldn't those that have a CHL be exempt from any such city law?
Click to expand...
no it wasn't i read it specifically somewhere, maybe it was online maybe it was in that little packet thing they give you. im not sure. but i'd love for someone to clearify
 
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