Can an officer take your gun during a traffic stop?
The story is that an individual I know that has a concealed carry permit, got pulled over and he left the police officer know he had a concealed carry permit and was carrying it again, police officer told him to get out of the truck police officer took the gun wrote him a ticket for running a stop sign and returned the gun. This happened in Indiana
13 Likes
That seems to be correct procedure.
You must remember that every LEO takes care about his and his partners safety.
Once you notify LEO about firearm at the vehicle he will do everything to make the situation safe for all people involved.
It doesnât mean he will take it from you and give it back laterâŠhe will do what he thinks is safest at the moment.
There is too many craziness these days that I can understand why LEOs donât trust people anymore.
Whatâs the safest situation? When the other person has no firearm in his handâs reach.
19 Likes
Let not left and take the word again out. Donât know how that happened
They can most certainly secure your weapon for their own safety.
But it is their decision, I had a buddy got stopped for speeding, when the officer approached he asked my buddies name, and if he was armed. ( (Which he was) CCW came up when the officer ran the plate)
The officer said for the pistol to stay where it was and my buddy to just keep his hands on the wheel.
He got a warning about his lifted truck and big tires making his speedometer inaccurate. And went on his way.
Edit; this was in Commerce City, Colorado
17 Likes
Until he determines that you are not a wanted fugitive, or prohibited felon he might in his discretion deem it necessary. So, be it.
A lot of LEOs get killed conducting traffic stops, regardless of a stateâs laws regarding a âduty to informâ if asked give him your CCW permit with your driver license, keep cool, and politely compliant, keep the situation deescalated vs. escalating it unnecessarily, and it will likely end better.
Cops tend to ask a few questions to determine a few things. One is to check your condition to drive, are you DUI? Another, concurrently is to check your attitude towards him, like judges in a court of law, they frown on a contentious attitude. They call their version âcontempt of cop.â
If you are giving off a contentious tone or attitude, they can kick in their âdiscretionary powers,â and give you a particularly hard way to go if nothing else to waste your time going over you and your vehicle with a fine tooth comb looking for any and everything that they can cite you for vs. just telling you to take it easy and be careful.
Example: one state I know has over 300 Vehicle & Traffic Laws that they can write tickets for, they can take their time, and look to see if you are in violation of any of them, and write you on anything that they find, examples: Tire tread too thin, side marker light out, expired inspection sticker, you begin to get the idea X 300+. Top of the list felony weight controlled substance drugs, open container of alcohol, illegal firearms, or prohibited person in possession of a firearm illegally, while running your field background check for as long as it takes.
Or, just say âyes sir, here is my CCW permit.â (whatever your state calls it).
Response, is more likely to be, here, have nice day, take it easy. (Something like that.)
Expect them to mirror your attitude. Remember that they can and likely will give it right back to you.
12 Likes
Thanks for posting this. I did not know a LEO could take oneâs gun at a traffic stop (person legally carrying and has a CCP). It does make some sense though as long as the weapon is returned at the end of the stop.
7 Likes
I think they take the weapon for your and their safety. For them so you donât shoot them and for you so they donât shoot you because they think you are going to shoot them. I never object to a police officer taking my weapon.
4 Likes
I got stopped for speeding (which I successfully got rid of) several years ago when I was still in Texas.
As the officer approached my car, I already had my Driverâs License and my Carry permit (which is basically a driverâs license that also includes my photo, address, etc.) and I had them in my hand. The officer asked if I had my firearm on me, I said yes. He thanked me for letting him know. He went back and wrote up the speeding ticket. He came back to the car, had me sign the ticket and then thanked me for the way I handled things on my end. He said good bye, and that was it.
As for the question of âcan an officer take your gun during a stopâ âŠthat depends on where you live and what their rules are. Other than that, I havenât had any speeding tickets (although Iâm surprised about that) but itâs bound to happen at some point. Donât be one of these dicks that roll their window down 2 inches and get confrontational as soon as the officer gets up to your window.
7 Likes
I have actually been stopped twice while carrying legally since getting my CCL.
My first experience was similar to the one you described. it all went well and smooth, with everyone clearly understanding it was for everyoneâs protection. And with the firearm being promptly and politely returned at the end.
The second time, the officer asked if I was carrying (which they already know you might be if you have a CCL before even approaching your car). I told him that I was. And he just said âWell I wonât go after mine if you donât go after yoursâ, with a friendly smile and wink.
Both events were fine with me, the way they were handled professionally and casually. Iâm sure in some jurisdictions there are strict rules for how CCL stops are to be handled. And in others, itâs probably officer discretion depending on how things feel at the time.
4 Likes
Only happened to me once. A car wrecked into the back of my Jeep. The police show up. I tell the first cop I have a concealed firearm (Donât need a permit here) he asked me where, I said 4:00 OâClock. He said weâre not here for this accident, we were called to look into a prowler in this building, just exchange infoâŠ
5 Likes
Yes, they can, and they get a little upset when you ask if you can secure theirs for your safety.
From my understanding, it is up to the officer. I have had it go both directions before.
I live in Texas, and I do not have an LTC.
One time I was pulled over for âvehicle matching descriptionâ. The vehicle they were looking for had been involved in a hit and run after a convenience store robbery, so the stop was a little tense. During this particular stop, my sidearm was locked in a gun safe which was locked inside the console. I had taken it and my holster off because I went into the bank at lunch. I was stopped on my way back to work.
Without going into the gory details of the stop I will say that once I was identified as ânot their guyâ it was a whole lot less stressful, and it proceeded as a regular traffic stop. They already had my ID and insurance so I could prove the vehicle was mine and not stolen and the officer conducting the stop. a rookie, asked about weapons in the vehicle. âYes.â I replied. âOne locked in a safe in the locked console and a PCC folded up in a backpack on the back seat.â The rookie had a problem with the one in the backpack claiming it was a concealed weapon, and I would be arrested, and my vehicle would be searched. Her training officer was quick to correct her and asked if he could see how each weapon was stored to use the situation as a training example. Since he asked, I agreed, and I was allowed to remove both weapons from where they were and left them on the seats. I backed off.
The training officer chewed on the rookieâs ear for what seemed like half an hour. The on-scene supervisor apologized for his rookieâs mistake and thanked me for being understanding throughout. I asked if he could call my Boss and let him know why I was late.
I packed my toys and headed back to work. The on-scene supervisor did contact my Boss and a few days later came by the shop to let me know they caught the guy they were looking for.
On another stop, this one for a headlamp out, I had my sidearm on my hip. Not having an LTC, I am not required to identify as having a weapon at the beginning of the stop, It wasnât until after the officer had run my license and insurance and was returning the documents when he asked. I gave a similar answer to my previous stop. âYes. My sidearm is on my hip, right side, and I have a PCC folded up in a backpack on the back seat.â
This office was also interested in the PCC in the backpack. âI would like to come back to that, unofficially, after the stop is completed, Sir. Can we do that if you have time?â I agreed, because he asked. He did issue me a warning for the headlamp explaining that he was trying to wait until I pulled over somewhere for him to just approach and inform me, but since he had to initiate a stop, he had to issue the warning. No worries.
The officer explained he was in the market for a PCC and wanted to know why I bought this one instead of that one. We talked about guns for a few minutes.
The moral of the stories is that calm and courteous is the best option and they have a choice to hold the weapon during the stop or not. It all depends on the cop and whether or not he is having a good day.
P.S. - There are members on this forum who will claim all cops are bad regardless of how their day has been going. Do not listen to those members. Make your own decision on how best to proceed when law enforcement is asking questions.
9 Likes
Yes there are, and thankfully that has not been my experience with them!
Most officers are good human beings, just doing their jobs.
My favorite stories about being armed during a police encounter both revolve around the renaissance festival.
Once, wee bit intoxicated and not wanting to ride home with my now ex wife, she started a huge scene in the parking lot, even went so far as to try and wrack me in the balls! As if that would work with me being in full body armorâŠ.
The sheriff approached from both sides, but held their distance as I had at least 3 blades visible on my personâŠ.
I recognized them, she did notâŠ. I drew all my blades one by one and tossed them to the sides, while she screamed in my face asking what the hell I was doing!??
I pointed to my right, then my left and said simply âthose guys have gunsâ. Both officers just chuckled and moved in to actually separate us and talk it out.
She got real timid after that.
The other time was before I had met her, I was sleeping in my truck, in full armor with my swords on the passenger seat,⊠got a knock on my windowâŠ.
Rolled it down, the officer immediately asked if I had any âotherâ weapons in the truck.
We had a conversation about the renaissance fair, which he didnât even know about. (State, not county or local). He simply advised me that there was an actual rest stop just a couple miles down the highway and went on his way.
I have not personally been pulled over in over 23 years, and have only had my CCW for the last two. But Iâm sure that if it does happen, it will be similar to my past experiences.
7 Likes
I have my own story about Texas RenFair and the ex wifeâŠ
Thirty something years ago, we drove to Plantersville, Tx, with our son, who was 6 at the time, to go to the RenFair. It was the first time she had ever been to one and my first in Texas. I was in the Air Force, had been stationed in Jolly Olde England and went to several while I was there. Fun times.
The Saturday we went, it was a little overcast, rain was sprinkling on us, the pathways through the fair were turning to mud, and she was not enjoying herself. Being her first time, we chose not to go in character.
I was chatting up a chainmail vendor trying to get a better price on a piece I liked and she just up and said, âLetâs go.â I told her we would go when I was done, just a few more minutes and we could leave. She turned and walked towards the parking lot. I finished up my transaction and headed out with our son on my shoulders. I reached the entrance just in time to see my old truck rolling out of the parking lot, headed down the road for home.
I was dumbstruck.
I walked back to the same vendor and he must have seen the âdeer in the headlightsâ look. He asked what was wrong. I told him she had abandoned us and we couldnât get home. Keep in mind this was thirty years ago and NO ONE had cell phones yet. He asked where we lived, I told him, and he said several of the performers and vendors lived there, but it would be Sunday night before he could get me a ride.
He arranged for someplace to sleep, made sure we had plenty of food and drink, and we hung out with him and his family all weekend. We had a great time. FYI: The real party does not start until AFTER the park closes. I canât say what I experienced. I signed an NDA.
We did get a ride home Sunday evening and my Wife was beyond pissed off, wanted to know where the phuck we had been, completely oblivious to the fact she left us in Plantersville, 40 miles from home.
I learned alot that weekend, including how to make my own mail, and I divorced her very soon after. I got the kid, the house, the bills and she was just gone.
5 Likes
No it does not! 
3 Likes
From your description, I interpret that to mean âthe officer secured the weapon for the duration of the legal traffic stop, then returned the weapon to the owner once the stop was concluded.â Nothing about that sounds inappropriate.
7 Likes
Iâve only been pulled over once while carrying. The way the officer approached was so casual and I live in a state without a duty to inform. I chose not to inform under the circumstances. Additionally, he had seen me cross state lines from a very unfriendly gun state to the gun friendly state in which I live. I was completely legal and have permits in both states, but didnât want to have to answer any of those questions.
3 Likes
I noticed Indiana (IN) conceal carry policy issues such permits to only those who passed certain backgrounds. I think IN accepts other statesâ CCW/CCL (permits) from who have similar prerequisites. IN is not a permit-less state.
Per USCCA website âthere is no duty to inform a law enforcement officer that youâre carrying a concealed firearm in INâ: &
"Your Indiana driverâs license is not linked to your Indiana carry license. Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry license holder immediately when they run your driverâs license. However, LEOs have access to that information by entering your name and date of birth.â
IN is an Open Carry state."
Not sure if that works for out of staters. I cannot advise anyone on what to do. I can share what I think I personally would do. If not required to inform, I likely would not. If they ask me if I am carrying, I would answer yes, and inform them âverballyâ where it is, I would never point or motion to it.
However, I believe if they will likely discover it on or near me, I think I would inform them so that they are not surprised.
If they need to secure it, Iâd let them do it themselves, Iâd never want to hand it to them.
I tend to be calm and cool around officers, and not argue. If I ever had a gripe, Iâll take it up at a later date, cooler heads provide. I was not always like that, but nowadays, thatâs my view.
If they take my firearm away but do not return it at the scene, then I can address is with their office the next day.
The last thing Iâd ever want to do is escalate a situation when I have firearm on me. The donât know me, and I donât know them. Cool as a cucumber. Safety first, ask questions later.
I got no idea, but guessing, if they do not take my firearm to their station, then less paperwork for them. If they are afraid Iâm a risk or a danger, I would not blame them for taking the safer method.
JIMHO.
7 Likes
Exactly!
4 Likes
Bruce, you handled that very positive and for all that are reading this thread, i comend you for your cooperation and understanding. Your normal ( not those that tend to be a bit taken with their âauthorityâ, and as fellow LEOâs weve all seen them, even worked with themâŠand soon educate them as to better street-side manner while still being âobservantâ and professional ), Officer, will appreciate and value your positive attitude which is usually a bit strained during a uncomfortable and/or stressful encounter. Knowing that you are a lawful carrier of a firearm, and as such have made a conscious decision to carry in a responsible way, in the protection of yourself and those around you,.you deem at risk, is in itself a positive choice. When those that are sworn to protect their communities, as LEOâs encounter you, just be honest, calm and professional, we will and have appreciated thatâŠit will result, in a high percentage, to be a positive encounter.
Remember, we all want to go home at the end of the day, to those we love and care for, and look forward to another dayâŠ
Thats my two cents worthâŠbe safe, be awareâŠ
3 Likes
I love it. Is âa wee bit intoxicatedâ kinda like âa wee bit pregnantâ ? 
5 Likes