Fl Hwy Trooper - Concealed Carry Weapon

[bearfuzz58]

If you're stopped for a speeding violation, and you tell the Trooper you have a weapon immediately and show them your concealed carry permit, do they legally have the right to remove your gun from your holster and take your gun and put in their car and then when they give it back to you they have removed the clip and tell you not to put your clip back in until you're! p the road?

 

[statdoc]

Yes, they do. Next question.

 

[Gravity3694]

Yes, its for officer safety. Its nothing against you or anyone in particular, but its standard procedure.

 

[SAWMAN]

Personally.....there is no law that mandates that I "fess up". I will not for the reason listed above. My gun is mine. I do not want anyone to lay their hands on my gun,mags,or ammo. ESPECIALLY a police officer that could possibly not be familiar with the workings of a Glock carried with a chambered round. I have heard horror stories of police offices attempting to make themselves "safer" by point the loaded Glock at the person that has been stopped or even at another cop.

IF they ask I will tell. If I know that I could be searched I will tell. Other than that it actually is none of their business weather I am exercising my rights or not. Concealed means concealed...AND...keep your mouth shut. Having a legally concealed weapon on your person is neither something to be proud of or ashamed of. --- SAWMAN

 

[gunnerxxx]

Well said Sawman

Personally.....there is no law that mandates that I "fess up". I will not for the reason listed above. My gun is mine. I do not want anyone to lay their hands on my gun,mags,or ammo. ESPECIALLY a police officer that could possibly not be familiar with the workings of a Glock carried with a chambered round. I have heard horror stories of police offices attempting to make themselves "safer" by point the loaded Glock at the person that has been stopped or even at another cop.

IF they ask I will tell. If I know that I could be searched I will tell. Other than that it actually is none of their business weather I am exercising my rights or not. Concealed means concealed...AND...keep your mouth shut. Having a legally concealed weapon on your person is neither something to be proud of or ashamed of. --- SAWMAN

 

[CCHGN]

Yes, if they know, they LEGALLY have the right, but as said, unless you're being detained or they ask you, you don't have to tell them and this is not an issue.

The last thing I want to do is get in a pissing contest with a Trooper or LE.

 

[FrankT]

I am waiting till I get stopped going or coming from the lease. AR 6.8, 22 Sig rifle & shotgun in back seat along w a 22 revolver. In the front my carry 9MM on me and my 380 backup..what to say first??? LOL

 

[shootnstarz]

Which line in the Bill of Rights gives them that right? If people don't start standing up for their right those in the law enforcement business will continue to make up their own rules and continue to trample your rights, especially the 4th Amendment. This is why they are so in favor of continuing the insanely expensive "war on drugs".

This made up war gives them all sorts of excuses to violate many of your rights and in turn has taken many innocent lives in their enthusiastic pursuit of those in violation of the war's laws.

Even if you are 100% in the right they can still ruin your life will a simple arrest that will stay on your record for life, even thought your case gets thrown out. As I once heard one esteemed public servant say, "You can beat the rap but you can't beat the ride". This type of mentality in public service is extrememly dangerous to personal freedom.



Rick

 

[steponapoptop]

I assume a law enforcement officer would "run the tag" and see the registered owner's information before approaching the vehicle. Wouldn't that show that the registered owner is licensed to conceal carry?

 

[Gravity3694]

Which line in the Bill of Rights gives them that right? If people don't start standing up for their right those in the law enforcement business will continue to make up their own rules and continue to trample your rights, especially the 4th Amendment. This is why they are so in favor of continuing the insanely expensive "war on drugs".

This made up war gives them all sorts of excuses to violate many of your rights and in turn has taken many innocent lives in their enthusiastic pursuit of those in violation of the war's laws.

Even if you are 100% in the right they can still ruin your life will a simple arrest that will stay on your record for life, even thought your case gets thrown out. As I once heard one esteemed public servant say, "You can beat the rap but you can't beat the ride". This type of mentality in public service is extrememly dangerous to personal freedom.



Rick

Look up exigent circumstance doctrine under the 4th Amendment. There's a whole slew of court cases backing law enforcement doing exactly this in the name of officer safety. Keep in mind this is only possible if they somehow were forced to disarm you. Most people voluntarily disclose and voluntarily submit to disarmament.

Terry v Ohio
Carrol v United States

Two cases that allow this.

 

[statdoc]

I assume a law enforcement officer would "run the tag" and see the registered owner's information before approaching the vehicle. Wouldn't that show that the registered owner is licensed to conceal carry?

Some states, yes. Not in FL. The CCW database is not tied into the DL or car tag databases. There is also no requirement in FL to disclose either the presence of a firearm or your CCW, unless the police officer asks.

 

[Ric-san]

A lot of legal beagle talk here...It seems that exigent circumstance is based on probable cause...my question is what happens if they use probable cause and you are clean as a whistle, do you get to sue the department for harassment...??? Seems like a slippery slope to me. Ask me if you can search, if I say no; get a warrant or higher authority to do so. If said person was a minority, then they can claim their 14th amendment rights are being violated...is it really worth all of that...??? My best friend from growing up is a cop in Az, he says that 99 % of the time he deals with the criminal element only and uses 'common sense' in the other 1% of daily interactions with law abiding citizens...(AZ is either open or concealed carry, your choice)...again this is all IMHO...

 

[Stanley13]

I had a new young cop point his gun at me and aw going to until back up came when I handed my permit to him and answered his question with well yes it's loaded and in my pocket. I had my 2 small children with me. I informed him that if he pointed his gun at my kids he was gonna need to use it. He didn't like that especially when he ask if was a threat and I replyed no a promise. Luckily it was in my home town of 28 year an the backup that was coming I grew up with and said put ur gun up now he is crazy and serious? So moral of story I no longer inform. I prefer to keep my gun to myself because u never know when u may need to defend ur kids against those sworn to protect them!!

 

[T140]

I assume a law enforcement officer would "run the tag" and see the registered owner's information before approaching the vehicle. Wouldn't th
at show that the registered owner is licensed to conceal carry?

No LEO's have no information available to them VIA registration or DL status that would tell them you have a permit.

 

[Welldoya]

It does absolutely no good to get smart with a cop. There is no duty to inform so I wouldn't. If I was asked, yes, I would tell the truth.
I also wouldn't give permission to search the car. I have nothing to hide but he would need a warrant for that.
It's none of his business what is in my car.

 

[Gravity3694]

A lot of legal beagle talk here...It seems that exigent circumstance is based on probable cause...my question is what happens if they use probable cause and you are clean as a whistle, do you get to sue the department for harassment...??? Seems like a slippery slope to me. Ask me if you can search, if I say no; get a warrant or higher authority to do so. If said person was a minority, then they can claim their 14th amendment rights are being violated...is it really worth all of that...??? My best friend from growing up is a cop in Az, he says that 99 % of the time he deals with the criminal element only and uses 'common sense' in the other 1% of daily interactions with law abiding citizens...(AZ is either open or concealed carry, your choice)...again this is all IMHO...

You have a reasonable expectation of privacy and an affirmative no to a consent to search gives them no probable cause. Exigent circumstance only applies when an imminent threat of violence or loss of evidence is possible. Its really more based on reasonable suspicion which is a lower threshold than probable cause. However, reasonable suspiction is built on the totality of the situation. If I see someone hiding in bushes at 11pm that's not expressly criminal (could be hide and go seek), however if you add in something such as searching through house windows at the same time, then that's sufficient. Searching for weapons only would be ok under this exigent circumstance out of a concern for safety.

You also can't win if the person was clean and the officer was acting in good faith. The cop will articulate his reason why said person was searched and if it was based off of some behavior or sound reason rather than a trait (age race, ect) then they will win. If your acting like your looking for trouble then you will reap what you sow.

 

[Emerald Ghost]

Anytime a LEO does what you have stated below here, you should file a written complaint with the appropriate authorities. Otherwise nothing has been done to teach the rookie further, or to modify their behavior.
At the same time, we also need to realize that being a cop today is more dangerous than ever, and a thankless one.
( I would also tell them that I am armed, and then ask for their supervisor to respond if there are any issues)
__________________________________________________________________________________________________________

I had a new young cop point his gun at me and aw going to until back up came when I handed my permit to him and answered his question with well yes it's loaded and in my pocket. I had my 2 small children with me. I informed him that if he pointed his gun at my kids he was gonna need to use it. He didn't like that especially when he ask if was a threat and I replyed no a promise. Luckily it was in my home town of 28 year an the backup that was coming I grew up with and said put ur gun up now he is crazy and serious? So moral of story I no longer inform. I prefer to keep my gun to myself because u never know when u may need to defend ur kids against those sworn to protect them!!

 

[oneshot]

There has been some good advice here but I think sawman and Emerald Ghost has some the best over all, this what i advice I give in all of me ccw class, all so to add a little more if asked do not use the word (GUN) there is a good reason but I want get in to it now. start out with (officer I have a conceal license and have a firearm) and say where it is) and unless there is a good reason you don't have to give it to him. But this up to you as to what you want to do. Use good sense. Just my 2 cents jj

 

[ilintner]

If I get pulled over, I always put my license and CCW out the window together with both hands, no sense in "surprising" anyone IMO.

 

[SAWMAN]

oneshot, Here is mine --> "Good morning/afternoon sir. I would like to inform you that I have a permit issued by the state of Florida to carry a concealed weapon. I have a pistol on my person at this time. I will follow your instructions. What would you have me do at this time ?? "

Personally.....I want to stay as far as possible from using the words,gun,weapon,firearm. This would widen my eyes if I were the LEO on the scene. I would not volunteer where my weapon is or what type of weapon I had. I would move,place my hands,etc. in the most unthreatening manner possible. It's a "do unto others" thing. --- SAWMAN