Thread from "That other forum.." Can you legally refuse to be disarmed?
 

One of our fellow COTEPians started a thread over in "that other forum..." that I'd like to see discussed here.

Basically, having been stopped for a traffic issue, and having acknowledged to the LEO that you are "carrying," can you "legally and politely" refuse the LEO's attempt to disarm you? Keeping in mind that a prime objective in any such stop is to keep "tensions" at a minimum, can this be done? Are there statutes that govern whether or not a LEO is authorized to disarm "for their safety?"


Thoughts?

I'm not sure if you can legally refuse but, you can legally not tell them you are armed if they don't ask or don't ask you to step out of your vehicle.

From what I've read so far I'm assuming this is a florida thing ?

This is a catch 22. If he asks for it and you don't want to give it up, you would throw all kinds of red flags in the officers face and it would elevate. If he was cool with you keeping it, he wouldn't have asked for it. If you informed and he was cool with you keeping it he would have said made that clear by saying something to the effect of "just keep it concealed and don't make any sudden motions toward it". Or just a simple "thanks for letting me know" and continuing on with business. The fact he has asked you to disarm means he does not want you to have it. If you are refusing to comply you rid elevating the situation.

As has been said many times before, you may beat the rap but you will take a ride!

Informing is a really good idea if you have to get out of the vehicle, if you are just sitting in your car getting a ticket/warning informing is your choice but still a good idea. We don't "disarm" unless we feel you are a threat on some level or being arrested. For general traffic stops its a non issue (here in SD anyways). EVERYONE has guns in their vehicles here, EVERYONE has a long gun in the back window.

When a person tells me they have a weapon on them or in the vehicle I just ask they leave it where it is and don't draw or remove it and ALWAYS thank them for telling me, I respect that. I have never had an issue yet. Most people just want you to know so it doesn't go badly if we see it on a belt or notice it during routine actions. Puts them at ease.

Just the way we are, laid back!

This is my philosophy as well. It has worked well for me for the past 6+ years since I started carrying.

In some states, by law, one's required to inform the Officer immediately that they have a CP and are armed or are not armed when said Officer approaches one's vehicle, but I would assume? that they're already aware of it by running the plate prior to pulling one over. I would think one shouldn't exit the vehicle unless asked to do so by the Officer.

Yeah, sorry. Many of us here met on a different "Florida oriented forum" that "shall not be named..." :D Some here are still members of it. I chose to have my identity over there erased, to the greatest extent possible. It can never be fully erased, of course. I did so out of frustration over some rules changes (well, actually, new enforcement of existing rules) that would give threads I started much less exposure than before. Furthermore, that forum has new "corporate ownership" (not privately owned like here), and I am concerned about how my presence there is captured and utilized for "profiling" and other reasons.

Although I can no longer post on that "other forum," I can still read the posts in the public sections of it... some I think worthy of posting here for similar commentary. Where possible, I'd encourage the OP over there to replicate it here.

No need to be sorry bud, I had to deal with the same Canadian bonehead owners at 2 forums I was a 'Mod' at .... they've ruined those 2 sites as well.

In Florida your Concealed weapon license is not tied into the license plate database, as the licensing is run by the Dept of Agriculture

Correct, my wife and I share a car, registered to only me, she would be presumed to be armed even though she does not have her cwfl. My work van is registered to a global company not myself.

I believe you are "required" to inform a LEO that you are armed, when you hand them your carry permit. The few stops I've had the LEO asked anyway.

Keep the LEO from getting nervous!!!

In fl we are not required to inform.

Here, after letting the officer know immediately that you have a CP and are armed it's not at all uncommon to get off with a warning, unless you've committed some stupid sh*t.

In some states, you are required to notify LEOs that you are carrying and show the CWFL with driver's license. In FL, you are only required to show them "upon demand by a LEO." If the LEO doesn't ask, you don't have to tell. If they ask you to get out of the car, it probably would be a good idea to volunteer it.

Here's a good resource on this very point, for each state.

handgunlaw.us

Click on the state you wish to research, and it should tell you right up front if it's a state that requires you to inform a LEO immediately or not. Look at the upper margin of each state report. For example, here is the report for Florida - Handgunlaw.us - Florida... You'll see right up top is the designation - "Must inform officer by law" - And "No" for Florida.

In Virginia we are not Required to inform, however, Common Sense is the mode I use. I keep my hands on the wheel and visible, and If asked I will tell them I am carrying. Here, your CHP IS Tied to your license to drive and your plates. They know when they run your tags you Probably are carrying.
It depends on where your are really. Local LEO seem OK with CHP Holders, the cities, not so much I here.
It IS a catch 22! If you tell them right away, you may make them nervous, if you don't you may make them nervous?

I have the utmost respect for all LEO, my brother is a State PO. He tells me stories all the time. He says the best thing you can do here when pulled over and prior to the Officer approaching the vehicle is:
Drivers window down.
If dark out – interior lights on.
Both hands on the wheel, do not reach for your DL/Reg./Ins. paperwork until asked to.
Immediately inform the officer you have a CP and are armed (it’s the law here) and where the weapon is located. They already know the owner of the vehicle has a CP from running the plate. Generally speaking, once informed of this and by one adhering to the above, the situation becomes less tense.
All common sense/common courtesy stuff.

Love this, should be taught at drivers ED. You would be surprised that most states don't' have an "inform" mandate and most states are not tied to license plates.

Love the last line, not enough courtesy going around.....and it goes both ways.

Nothing gets my heart beating faster than a vehicle at midnight with dark windows and you can't see whats going on inside the vehicle.....

Here, dark tinted windows (illegal here) will get you pulled over real quick, you best have proper paperwork from a Dr. stating that you have a need (eg: eye/skin problems) for it.

Been meaning to ask, would you happen to be describing Blanca Busa .... that is, before he changed his name to 7.62Kolectr ?

yupper