The cop took my gun...

[KingSteve032]

Why did he ask for ID?
Why did you show it?
Why did he take you home?
Did you have a break in while the cop was there?

To make sure I was old enough to legally carry and wasn't lying about my age I guess.
It was my first time running into the police and I didn't know what to do. Plus I some stuff to get done and wanted to get home.
No idea
Nope not me, but I believe some store which was near Food Lion.

 

[wylde007]

To make sure I was old enough to legally carry and wasn't lying about my age I guess.

Irrelevant. "Looking" underage is not RAS to stop and ID. He can ask you your name and [maybe] date of birth or address of residence (ordinances vary) but not DEMAND identification because, well, none is required for the carrying of a firearm. Respectfully, you're not necessarily "required" to provide him that information

It is then up to him what he does with it.

Let me get this straight - a uniformed police officer STOPPED you, demanded your weapon for "officer safety" and then had YOU UNLOAD IT (handle your weapon in his presence)?!?!

Nothing about that strikes you as, well, derp-a-derp-ish?

 

[CCinMaine]

LEO's are only exempt from the speed laws if they have their lights or siren on. It's normal to see them cruising well over the 20 or 80 mph cap.

It would be interesting to see that enforced.:lol:

I got a friend that followed and confronted a leo on his way home because the Leo was traveling at 85mph w/o lights or siren on in a 65mph zone. The cop arrested him once he confronted him in his driveway about it. The guy got off though because his lawyer got the ez-pass records from when the cop got on and off the highway and the times and distances showed he was clearly speeding while off the clock.

Sent from my Galaxy Nexus using Tapatalk 2

 

[peter nap]

I got a friend that followed and confronted a leo on his way home because the Leo was traveling at 85mph w/o lights or siren on in a 65mph zone. The cop arrested him once he confronted him in his driveway about it. The guy got off though because his lawyer got the ez-pass records from when the cop got on and off the highway and the times and distances showed he was clearly speeding while off the clock.

Sent from my Galaxy Nexus using Tapatalk 2

That's funny:lol: A big hand for your friend.

We used to have a PW LEO here named Nitrovic. He swore they could do as they pleased as long as Department Policy didn't prevent it.

 

[KingSteve032]

Irrelevant. "Looking" underage is not RAS to stop and ID. He can ask you your name and [maybe] date of birth or address of residence (ordinances vary) but not DEMAND identification because, well, none is required for the carrying of a firearm. Respectfully, you're not necessarily "required" to provide him that information

It is then up to him what he does with it.

Let me get this straight - a uniformed police officer STOPPED you, demanded your weapon for "officer safety" and then had YOU UNLOAD IT (handle your weapon in his presence)?!?!

Nothing about that strikes you as, well, derp-a-derp-ish?

Let me clarify, He asked if I had any ID on me I said yes Pulled it out for him. I didn't handle the weapon but I did have to talk him through on how to unload the weapon (M1911) thumb safety and what not.

 

[2a4all]

If you are asked if you have any ID, respond in the affirmative as in "I have a driver's license.", but do not show it. (If you're driving, you'll be asked specifically for your license.) This response puts the ball back in the cop's court. You've truthfully answered the question.

Assume the "Interview stance", thumbs on your belt buckle, forearms against your waist. Your hands will be where the cop can see them, and you won't be able to reach your gun.

You should ask at this time "Why am I being detained? Am I free to go?". If the answer to the 2nd question is yes, walk away immediately.

The next few steps are a dance that the cop will try to use to get you to comply with his/her requests. Remember that the cop is well trained in this technique and you're not, so proceed carefully. Also, s/he may be working from information that you don't have or responding to a complaint.

If s/he asks (or demands) to see the aforementioned document, decline and give your name.

If asked for your age, give your date of birth (that info, but not your age, would be on your D/L.) Your SS# isn't on your (VA) D/L either, so you don't need to divulge it.

Repeat "Why am I being detained? Am I free to go?".

This dance may continue with more questions like "Where do you live?", "What are you going?", etc.

Be polite, but firm.

 

[davidmcbeth]

I don't like the idea of opening my trunk for him. That gives him access to search.

Me either .. I would not have opened the trunk ... but what is done is done

 

[nuc65]

Let me clarify, He asked if I had any ID on me I said yes Pulled it out for him. I didn't handle the weapon but I did have to talk him through on how to unload the weapon (M1911) thumb safety and what not.

The officer appears to have violated your rights with your consent. I would hope that you understand, or begin to understand, that many of the persons on this forum fight against this kind of violation of rights. If the officer had some reason to demand ID, seize your property, disarm you then that is one story. But just to approach because you looked young and disarm you seems to me to be something you should be complaining about not LOLing.

 

[wylde007]

I didn't handle the weapon but I did have to talk him through on how to unload the weapon (M1911) thumb safety and what not.

Well, that makes me feel a little better... but not much.

The only thing I might add to 2a4all's comment above is that you have to have a certain savoir-faire in this kind of situation. While you are perfectly within your rights to refuse to answer any questions an officer may ask (and in most cases you should) an affirmative response can, on occasion, lend the officer what s/he needs to release you without further incident.

In any case, disarming an OC citizen for safety is ludicrous, I don't care what their departmental policy or training tells them. Criminals don't OC. If a criminal has a weapon in OC condition, an officer is not going to be standing next to him asking him seemingly innocuous questions. He's going to be shooting at him from across the quad. Sometimes I don't know if this even goes through an officer's mind. They see a gun and they think, just like Colin Goddard or Lori Haas, that mischief must be afoot.

"Be polite, but firm" is excellent advice, and the phrasing of the query to the officer is key. It should not be "Am I being detained?" rather "Why am I being detained?" as 2a4all notes. At the time you are stopped, you have already been detained. It is a very short trip from "detained" to "seized" and the objective is to halt the progression.