yotetrapper
Regular Member
With my 1911 holstered (OWB) on my right hip, could my seatbelt and/or bucket seat "conceal" my firearm?
With my 1911 holstered (OWB) on my right hip, could my seatbelt and/or bucket seat "conceal" my firearm?
Believe it or not, Matt Supnick, the CCW instructor fron New Frontier Armory, and the CCW instructor I took my class with, teaches his classes that OCing in a vehicle constitutes concealed carry. This is, in his words, because the door obscures you firearm from a potential officer.
Sounds like Matt needs some remedial training himself.
TBG
Believe it or not, Matt Supnick, the CCW instructor fron New Frontier Armory, and the CCW instructor I took my class with, teaches his classes that OCing in a vehicle constitutes concealed carry. This is, in his words, because the door obscures you firearm from a potential officer.
I had a rookie Trooper make me get out so he could disarm me.
That brings me to another question.
If I'm not bring searched or do not consent to being searched can an officer legal remove or take my firearm?
I always thought the answer to this was, no.
Google Terry vs. Ohio.
During an investigatory stop, the officer may temporarily disarm you for the aforementioned "officer safety"
But, not just because there is a firearm. Terry v Ohio outlines it clearly, and the bare fact of 'I see a firearm' does not meet the metric of Terry.
But a stop for other reasons does. ie, traffic or PC or RAS for another crime.
However you don't need to speak or even consent to a search other than that allowed by Terry. (pat down for weapons)
Where a reasonably prudent officer is warranted in the circumstances of a given case in believing that his safety or that of others is endangered, he may make a reasonable search for weapons of the person believed by him to be armed and dangerous
A traffic stop is an investigatory stop so if PC or RAS of another violation is present, the officer may disarm you, yes?No. It doesn't. While the elements required do increase with the severity of infraction in the mind of LE, they are not automatic. And, in the case of a bare traffic stop, they aren't there.
It doesn't take one element, it takes ALL elements mentioned.
A traffic stop is an investigatory stop so if PC or RAS of another violation is present, the officer may disarm you, yes?
How about "subject was acting in a strange fashion" or "I smelled marijuana"
Not hard to imagine as LE does it all the time. The officer doesn't need to see the weapon, just RAS of a potential crime about to be committed or in progress. The point of the Terry stop is to search for weapons during the investigatory stop yes?