Page 2 of 3

Re: clear weapon before surrendering it to LEO?

Posted: Thu Jul 28, 2011 3:10 pm
by bcdudley
Very good info. Thank you all.

In my case, I carry on my right side in a crossbreed supertuck and it would be very difficult if not impossible for them to disarm me while I was still in my vehicle. I am a pretty big guy and unless he was 7 feet tall and had elastic arms, it just would not work out. The reason I asked was because I was watching some tv show (maybe cops or something like it, or maybe just some stupid comedy, don't really remember) where an officer pulled out a firearm and it went off while he was holding it. I started thinking about it. I like the idea of asking first and that is most likely what I would do.

I do live in Dallas and have never had an encounter locally outside of my own property. I did run into a park ranger in Arkansas while I was riding my ATV . He asked if I had any guns, knives or any other weapons he should know about and I said yes. He was unarmed himself and conceivably alone in a forest with no backup around encountering 2 redneck looking guys from Texas that were twice his size and one of them armed. He was very eager to get on his way. When he asked for my ID, I told him it was in my atv bag in the same compartment as my firearm. He no longer wanted to see it so he wrote the ticket to the other person I was with and left quickly. I of course offered to split the cost of the ticket with my buddy, but I jokingly suggested that if he had his chl, we probably would have gotten out of their scott free.

Re: clear weapon before surrendering it to LEO?

Posted: Thu Jul 28, 2011 3:33 pm
by sjfcontrol
bcdudley wrote:The reason I asked was because I was watching some tv show (maybe cops or something like it, or maybe just some stupid comedy, don't really remember) where an officer pulled out a firearm and it went off while he was holding it.
I think I know that show. Was the officer's name Barney Fife? :rolll

Re: clear weapon before surrendering it to LEO?

Posted: Thu Jul 28, 2011 3:43 pm
by steveincowtown
I think the odds of an officer who wanted to disarm you, letting you hold the weapon and clear it are slim to none. In 15+ (VA and TX) carrying both open and concealed I have never been disarmed of a gun. I think if I was asked to disarm I would ask the officer if he could take the gun and the holster at that the same time.

Re: clear weapon before surrendering it to LEO?

Posted: Thu Jul 28, 2011 3:43 pm
by pt145ss
I have been disarmed by a LEO during a traffic stop. I had one firearm in the console and one on my person. I had informed the LEO of this. He instructed me to exit the vehicle, he then disarmed me from the firearm on my person and cleared it himself. He put the cleared firearm in my vehicle, on the seat. Then he took my keys out of the ignition, closed and locked my doors. When the stop was over, no ticket BTW, he handed me my keys and said have a good day. I got in, loaded my firearm and went on my way.

I'm not sure why he disarmed me and I did not ask...LEO's just do not get paid enough to be questioned or argued with on the side of the road...I'm sure he just wants to do his job and go home to his family just like everyone else. At the time, i thought that if i had a real issue with it i could just write a letter later.

Re: clear weapon before surrendering it to LEO?

Posted: Thu Jul 28, 2011 5:18 pm
by Rex B
I've been disarmed twice. first time was a state trooper who ask me to hand him the pistol. He cleared it and emptied it, then gave me the gun back unloaded at the conclusion of our business.

Last time was a Tarrant Sherrif deputy. He had me exit the vehicle, take the holstered gun from my pocket, and place it on the driver's seat of my car and step away.

Re: clear weapon before surrendering it to LEO?

Posted: Thu Jul 28, 2011 5:26 pm
by unhappycamper
I got disarmed once. No reason given. My conclusion is that agency isn't comfortable with citizens having guns after passing a written test, a shooting test, and a background check that's more strict than the cop background check in some places. If I ever see someone from that agency in trouble, I will call 911 but I won't stop to help. I'm not comfortable getting physically involved unless I'm armed and that agency isn't comfortable with me being armed, so all I can do is call 911. Sad really but it was their choice.

Re: clear weapon before surrendering it to LEO?

Posted: Thu Jul 28, 2011 5:35 pm
by JCole
I agree with most of the posters; if the officer is attempting to disarm you, trying to clear the weapon before, or as, you hand it over sounds like a splendid way to get shot.

Re: clear weapon before surrendering it to LEO?

Posted: Thu Jul 28, 2011 8:22 pm
by tbrown
george wrote:It is unwise for a cop to manipulate a firearm he is not familiar with on the side of the road. Only bad things can happen.
That doesn't make it illegal for the cop to disarm you and it doesn't make it legal for you to resist.

Re: clear weapon before surrendering it to LEO?

Posted: Thu Jul 28, 2011 8:46 pm
by bat1
OK, Here is what happened, I was pulled over, LEO asked me to surrender the weapon. I Pulled the holster off, with the weapon in it, I DID advised him the weapon was loaded AND chamber. The LEO took and went to his car to I guess to"run" it, and to write my ticekt :oops: .. He came back, he placed the weapon ON the back of the trunk of my car, I was told NOT to get the weapon till AFTER he is gone. He gave me the ticket and he left.. I retrieved the weapon, and went home..

I would suggest always if the LEO want the weapon, ALWAYS give it to him in the holster IF you can, A safe weapon is a weapon in a holster. IF not always advise the officer if it is loaded and if chambered..

BAT

Re: clear weapon before surrendering it to LEO?

Posted: Thu Jul 28, 2011 9:52 pm
by johnson0317
I think I would simply tell the LEO that the weapon he is asking for is loaded with one in the chamber...then I would ask him how he wants to go about obtaining possession of it. If he wants you to hand it over to him/her, then I would slowly hand it to him, butt first. If you take the time to drop the mag, and the rack the slide...that is waaaaay to much jacking around with your weapon when the officer has not asked you to do so. I think most LEOs are great about us CHLers, but they probably don't appreciate anyone manipulating their weapon in any fashion not requested.

Re: clear weapon before surrendering it to LEO?

Posted: Fri Jul 29, 2011 9:33 am
by doc.lonestar
after you inform you are carrying - ask how they want you to proceed -do as instructed - no more no less

during a leo interaction - I for one would not touch my firearm unless specifically told to do so - if he/she says to clear the weapon so be it, but I highly doubt that leo will allow you to manipulate the weapon once they decided to disarm you.

Re: clear weapon before surrendering it to LEO?

Posted: Fri Jul 29, 2011 9:54 am
by knotquiteawake
george wrote:Just because he is a police officer does not make him a firearms expert. Some pistols have unique manual of arms. My Seecamp would be damaged if he dropped the mag and racked the slide.

It is unwise for a cop to manipulate a firearm he is not familiar with on the side of the road. Only bad things can happen.
Ditto George! Its actually quite a chore to clear the seecamp for the uninitiated. On mine the round in the chamber actually sticks a bit to the ejector so the round doesn't just fall out. Then there's the whole empty the magazine, put he magazine 90% in and then rack the slid to clear that last round out. I would be very afraid that the officer would break the trigger spring trying to clear my gun. Hopefully he would be ok just taking it whole in the pocket holster.

Re: clear weapon before surrendering it to LEO?

Posted: Fri Jul 29, 2011 12:18 pm
by jmguerrero
I've never been disarmed but if the officer wanted my weapon I would hand it to him with holster and everything. I don't think he would want my finger anywhere near the trigger.

Re: clear weapon before surrendering it to LEO?

Posted: Fri Jul 29, 2011 1:51 pm
by seeker_two
george wrote:Just because he is a police officer does not make him a firearms expert. Some pistols have unique manual of arms. My Seecamp would be damaged if he dropped the mag and racked the slide.

It is unwise for a cop to manipulate a firearm he is not familiar with on the side of the road. Only bad things can happen.
If he damages the firearm during the stop, file a complaint with the PD and take him to small-claims court....but don't give him a reason to give you more than a ticket at the time of the stop....