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Conceal Carry: Situations you've been in

Discussion in 'Guns & Hunting' started by Janster, Jan 6, 2011.

  1. Feb 1, 2011 at 10:02 AM
    #341
    Brunes

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    Most LEOs I've ever talked to like to meet an up front CCW holder....Gives them a quick idea of the kind of person they are dealing with.

    And it does vary state to state...IIRC there are like 6-10 "Duty to Inform" states. Some states link the CCW to the drivers license. And some have limited database indexing for CCWs at all.
     
  2. Feb 1, 2011 at 11:28 AM
    #342
    Janster

    Janster [OP] Old & Forgetful

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    That makes sense and Thanks for the input!

    And if its 'on your person' -keeping both hands on the steering wheel and wait for instructions. Assuming they may ask you to exit the vehicle so they can remove the firearm off your person?

    Not that I plan on getting pulled over anytime soon. ;)
     
  3. Feb 1, 2011 at 11:47 AM
    #343
    Rmodel65

    Rmodel65 Yukon Cornelius

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    GA law allows for the protection of third parties to prevent the commission of a violent felony...if I'm close enough to help I would do anything I could

    http://www.georgiapacking.org/GaCode/?title=16&chapter=3&section=21
     
  4. Feb 1, 2011 at 12:04 PM
    #344
    Rmodel65

    Rmodel65 Yukon Cornelius

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    dunno where you are but officers in GA do not have carte blanch authority to seize all weapons at a traffic stop http://www.georgiapacking.org/caselaw/statevjones.htm

     
  5. Feb 1, 2011 at 12:40 PM
    #345
    JimBeam

    JimBeam BECAUSE INTERNETS!! Moderator

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    interesting :popcorn:

    This is actually the first time i've ever seen case law on this

    This is where that officer screwed up i believe

    Securing them for the duration of the stop for officer safety is one thing...but seizing them for inspection and NCIC check is whats not permissible

    In my opinion (which may or may not be worth anything) it's no different than being called to a home for a domestic dispute and when we walk in there is a gun laying on the table...it's lawfully there...but for the safety of everyone it's going to be secured for the duration of the officers being in the home

    More officers are killed on traffic stops than anything else, and being that officer safety is paramount...any weapons in the vehicle should be secured (but not seized for inspection) and ONLY for the duration of the stop...when the violator is released they should be returned their firearm
     
  6. Feb 1, 2011 at 1:16 PM
    #346
    Rmodel65

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    but you probably have a Reasonable fear that the person is Dangerous and you can see they are plainly armed...the word dangerous is key you are there for a domestic dispute..so unless you know the person in a traffic stop you must have reason to believe they are Dangerous/furtive movements etc as well as armed. if not then you dont have the right to secure all weapons at traffic stops even if its only temp and youre not running the numbers..but the Jones decision is for Georgia and it is binding because all appellant judges concurred
     
  7. Feb 2, 2011 at 1:58 AM
    #347
    FoxySandChick

    FoxySandChick Well-Known Member

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    Officers here..and I don't know the specific law here...have asked the person to leave the gun in the vehicle and exit the vehicle for the duration of the traffic stop, in your opinion is that a reasonable alternative?
     
  8. Feb 2, 2011 at 6:50 AM
    #348
    Janster

    Janster [OP] Old & Forgetful

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    Personally, I don't see a problem with an officer temporarily taking my piece for the duration of the traffic stop. He/She is doing their job and only trying to be SAFE. He doesn't know you ...and although you could be a model & perfect citizen....you could've gone off the deep end this paticular day. Can't trust anyone these days.

    Call it self defense on 'their behalf'. They wanna go home to their families at the end of the day.

    Not any different than airport security. You either suck it up and do what you have to do, or you're not getting on the plane. Safety for everyone. :D
     
  9. Feb 2, 2011 at 6:55 AM
    #349
    moto932

    moto932 What's the matter, Colonel Sandurz? CHICKEN?

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    X2! i will do anything the the officer wants me to so he/she feels safe.
     
  10. Feb 2, 2011 at 6:59 AM
    #350
    whitebread

    whitebread Well-Known Member

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    I believe there have been law suits over illegal search and seizure over this practice. ...just recently there was an issue in Eastern NC with a Sheriff Deputy and a law abiding citizen.
     
  11. Feb 2, 2011 at 7:10 AM
    #351
    85yote09taco

    85yote09taco Well-Known Member

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    I carry mine loaded, as I thought that I was ever in a situation that I needed to use it I was ready. Honestly it's a huge responsibility and I hope I never actually have to use it. I have been in some bad situations even got in a fight but I never once pulled it out! Mostly because I wasn'e ready or didn't think that it was a situation where my life was in danger. Once you pull it out be ready to use it, and only pull your gun out if you plan on using it if the situation escalates. Do not just show it if you're scared because you could put yourself in a more dangerous place or someone else could be loaded as well! Be safe, and excersize your right to carry!
     
  12. Feb 2, 2011 at 7:48 AM
    #352
    Janster

    Janster [OP] Old & Forgetful

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    You won't see me sueing a cop for wanting to temporarily seize a piece.

    If he wants to search my truck for drugs or whatever....go for it. He won't find any. I've got nothing to hide.

    If a cop searches my truck and destroys or breaks things in the process (and they find nothing) - I'm gonna have a problem with that. Would I sue? No...but I'd certainly want someone to pay for the damages!!!
     
  13. Feb 2, 2011 at 12:16 PM
    #353
    Rmodel65

    Rmodel65 Yukon Cornelius

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    that is reasonable imho because youre not seizing their property...you already have their person seized when you initiated the stop....
     
  14. Feb 2, 2011 at 3:46 PM
    #354
    Rmodel65

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    Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.

    Ben Franklin

    Maybe they are the one who has gone off the deep end that day?? we had a city cop in town threatening to blow his brains out the county arrived on scene and he started shooting rounds off into the air...

    As for having a problem with the seizing there is a big one i guess you forgot about it?? a gun would definitely be an effect....

     
  15. Feb 2, 2011 at 3:55 PM
    #355
    Janster

    Janster [OP] Old & Forgetful

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    So, a cop stops you....and you give him your CC permit & license. He wants to seize your weapon temporarily during the traffic stop.

    What are you gonna do? Refuse to let him secure the weapon?

    Then what?

    Good Luck with that. :rolleyes:
     
  16. Feb 2, 2011 at 4:02 PM
    #356
    Rmodel65

    Rmodel65 Yukon Cornelius

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    yes i will decline...but i am also not gonna give him my GWL or mention it (GA doesnt have a CC permit just like PA doesnt)

    i will be asked to step out of the vehicle im sure....i have no problem with that..but i cannot stop the person from violating my civil rights and i will only verbally protest
     
  17. Feb 2, 2011 at 5:00 PM
    #357
    Caduceus

    Caduceus Well-Known Member

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    I'm pretty sure PA DOES have a CC permit. I had one in '04.

    I'm pretty sure your 'civil rights' get trumped by the need for officer safety. I have no proof, but it seem common sense. Plus, the 2nd amendment says "unreasonable." Good luck getting people to think that you being without your pistol for 10 minutes is unreasonable.

    Besides, an officer unloading your pistol during a traffic stop is not a "seizure." That's when your property is taken from you. As in, not returned without going to court.
     
  18. Feb 2, 2011 at 5:29 PM
    #358
    Rmodel65

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    nope PA has a License To Carry Firearms the word concealed is nowhere on the permit...why would civil rights get trumped when they swear an oath to protect those rights?

    i assume youre referring to the 4th amendment? a warrant-less search is perceived unconstitutional on its face unless there are extigent circumstances...no a seizure is taking possession...the person is seized because in a traffic stop they are not free to go. in a tier 1 encounter you are free to not participate and walk away...in a tier 2 and higher encounter the officer has RAS or PC and youre not free to go and are in fact under arrest even though he may decide to let you go later
     
  19. Feb 2, 2011 at 6:05 PM
    #359
    Caduceus

    Caduceus Well-Known Member

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    OK, well, PA might have changed. or maybe it was Philly specific. I don't have it in front of me.

    Agreed, a search is. But you weren't talking about a search. You were talking about an officer taking a weapon that (supposedly) s/he knows you have on you.

    You're not under arrest until they say so. otherwise, they'd be needing to read you your rights every time they encounter you...
     
  20. Feb 2, 2011 at 7:07 PM
    #360
    Rmodel65

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    as soon as youre not free to go you are under arrest....if youre are stopped in a traffic stop youre under arrest because you are not free to ignore them and drive away...

    philly is a city of the first class the only different thing about philly is that you must have a permit to Open Carry...they issue the same kind of permit some counties tell people you can only carry concealed but that is not true...

    The 4th amendment protects seizures of your property and that is exactly what is going on when the govt takes something even temporarily.....
     

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