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Can police take an Open Carry Gun Away During A Traffic Stop

edited November 2016 in Gun Law Facts Posts: 1
I was stopped for an expired license plate and had a pistol out in the open. He asked for my concealed carry permit. I told him it was not concealed, I don't need a permit.

A bunch of words insued about me keeping my hands on the wheel and rolling down and unlocking the door at the same time (hand on his gun the whole time).

Once we got thru that, he said he wanted to unload the gun and place it on the windshield. I agreed, he a then asked for my papers, which I produced. He started to walk back to his car, and after a few steps he turned back and grabbed my gun and mag. He said, "I'm.going to run the VIN on that gun".

I became super pissed off. And told him to call his supervisor, he said nothing and kept walking.

I feel first off he had no right to take possession of my property. He had no right to disarm me. I am not a criminal. He shouldn't be able to walk off with anything of mine.

You see a criminal has the gun he can't see, a criminal is a threat and would not openly display a firearm. He would never know he was in danger if I was hiding a gun.

Is the cop wrong?
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Comments

  • Not sure about the right procedure on this kind of event, but I guess the officer was being cautious. Of course, I totally got your side on how bad and pissed off you were, but honestly, you should be more cautious too, and avoid letting your gun out in the open. I know, you want to feel somehow safer by letting it easy to grab, but for sure is not a very clever action, imagine you trip on the road, the gun falls, and you get a shot while driving. I suggest you to read about it, or ask the legal way to proceed and be prepared for the next time.
  • For me it is just a self defense for the police, but the only bad thing that a police will do if the police point the gun to you, that's not fair anymore that is no longer a self defense for me especially when you doesn't do anything and the police just point it to you just to look for your license that is definitely wrong. Always be alert, know your rights. "You have the right to know your rights" 
  • I also am not sure about the exact law.I think the police was wrong, but I also think you didn't help your case by arguing with him. His argument would probably be that you were being aggressive and that caused him to be suspicious. If you know you're right you normally keep cool. Rember the offense the policeman stopped you for together with your behavior is grounds for suspicion. I may be wrong.
  • I suppose it depends on the situation, the civilian may not see it, but imagine you're a police officer in that situation. You would never truly know what to expect. I'd say he was just cautious you know?
  • Posts: 44
    Gun is not good if used in a bad way because hun is have a bad and good thing i thinks carrying of gun is good if we used on the right way but its i used to bully or to scared people its not good because gun is only used for criminal
  • I don't think it will be good thing to show your gun openly, I think the cop is just being a little cautious. With the increasing violence nowadays everybody got a little cautious regarding guns.
  • I do agree that the police is just doing he's job as an officer, doing something like that is a sign of self defense but it really does depend on the situations on who's or which gun has been pointed on to or been held up.
  • Posts: 47
    In pretty much all states, the police officer is in the right. I would recommend you get a CCW, that will reduce hassle even if you never plan on conceal carrying
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