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

FfNJGTFO · #1 12-22-2016, 10:04 AM

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?

Caleb · #2 12-22-2016, 01:11 PM

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.

RKP · #3 12-22-2016, 03:22 PM

Quote:

Originally Posted by FfNJGTFO

.... "that other forum" ....

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

Gatorade · #4 12-22-2016, 03:34 PM

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!

sdmc530 · #5 12-22-2016, 03:46 PM

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!

pitor · #6 12-22-2016, 03:58 PM

Quote:

Originally Posted by Gatorade

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!

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

RKP · #7 12-22-2016, 04:22 PM

Quote:

Originally Posted by sdmc530

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.

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.

FfNJGTFO · #8 12-22-2016, 04:24 PM

Quote:

Originally Posted by RKP

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

Yeah, sorry. Many of us here met on a different "Florida oriented forum" that "shall not be named..."

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.

RKP · #9 12-22-2016, 04:35 PM

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.

Riverpigusmc · #10 12-22-2016, 06:51 PM

Quote:

Originally Posted by RKP

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.

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