My questions are,first of all .how do you believe you should deal with a request to unholster and then possibly unload your legal pistol.
Is it legal to refuse to do so,or an arrest able offense.
I am retired LEO,so yes,even I don’t know the answer.
But my instinct is to refuse as it could be seen by another officer,and mistaken for a attempt to harm first officer
As well as cause for a ND,or AD,and it would be on you to prove it was not your fault (possibly officer,unfamiliar with your gun ).
Look forward to response.
Steven S.Baum
Retired Niagara Falls Police Dept.
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Why would you be asked to unholster and/or unload your firearm, @Steven32?
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@Steven32 I am presuming you mean by a law enforcement officer. I think it comes down to what authority they acting under when they ask. If it is a consensual encounter, then I believe they do not have the authority to ask you to disarm, unless there is a specific law allowing them to require it. If they ask you to, I would probably respond saying that it is safer for everyone involved if the weapon never leaves its holster.
If the encounter is based upon reasonable suspicion or probable cause, then I think you must comply with their order to relinquish your weapon. However, I would probably consider taking a compliant position (legs spread with hands against car or wall or above head with fingers interlaced) and having them remove it from the holster. If I were the officer, that is how I would want to handle it. This way there is no misunderstanding by the officer or any observers that you are subjecting yourself to their authority and you should not be mistaken as an aggressor. That way, if anything goes wrong, it is on the officer.
Michael T Burns,
Attorney at Law
Corporal,
Jefferson County Sheriff’s Office, Kentucky (Retired)
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Having been in far too many encounters to number,the incidents are generally a cluster fk.
All officers are yelling,and sometimes different orders.
I taught use of force,firearms,and defensive tactics.
But reality is that MOST officers forget their training and it winds up looking like a Chinese fire drill.
Trying to be heard,when so many are screaming and TOTALLY IGNORING your words is not the time to handle your gun.
Or ask another to do so.
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Thanks for your reply,just not sure it works in high crime,larger community’s
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If an officer ever wanted me to disarm and hand over weapon. As mentioned. He’ll be the one handling the weapon. Never under any circumstance am I going to unholster my own weapon to hand it to anyone. All my pistols remain holstered unless being fired or cleaned
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I’m not ever getting close to grabbing my firearm in public. I dont see anyone with authority telling me to do so either. I would politely request the LEO to disarm me before i ever reached for it.
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My position was, if a weapon is not in play, keep it that way unless it had to be taken. If it had to be toughed, I was the one touching it.