Thread from "That other forum.." Can you legally refuse to be disarmed?

[Gatorade]

This is a catch 22. If he asks for it and you don't want to give it up, you would throw all kinds of red flags in the officers face and it would elevate. If he was cool with you keeping it, he wouldn't have asked for it. If you informed and he was cool with you keeping it he would have said made that clear by saying something to the effect of "just keep it concealed and don't make any sudden motions toward it". Or just a simple "thanks for letting me know" and continuing on with business. The fact he has asked you to disarm means he does not want you to have it. If you are refusing to comply you rid elevating the situation.

As has been said many times before, you may beat the rap but you will take a ride!

[sdmc530]

Informing is a really good idea if you have to get out of the vehicle, if you are just sitting in your car getting a ticket/warning informing is your choice but still a good idea. We don't "disarm" unless we feel you are a threat on some level or being arrested. For general traffic stops its a non issue (here in SD anyways). EVERYONE has guns in their vehicles here, EVERYONE has a long gun in the back window.

When a person tells me they have a weapon on them or in the vehicle I just ask they leave it where it is and don't draw or remove it and ALWAYS thank them for telling me, I respect that. I have never had an issue yet. Most people just want you to know so it doesn't go badly if we see it on a belt or notice it during routine actions. Puts them at ease.

Just the way we are, laid back!

[RKP]

Originally Posted by sdmc530

Informing is a really good idea if you have to get out of the vehicle, if you are just sitting in your car getting a ticket/warning informing is your choice but still a good idea.

In some states, by law, one's required to inform the Officer immediately that they have a CP and are armed or are not armed when said Officer approaches one's vehicle, but I would assume? that they're already aware of it by running the plate prior to pulling one over. I would think one shouldn't exit the vehicle unless asked to do so by the Officer.

[Riverpigusmc]

Originally Posted by RKP

In some states, by law, one's required to inform the Officer immediately that they have a CP and are armed or are not armed when said Officer approaches one's vehicle, but I would assume? that they're already aware of it by running the plate prior to pulling one over. I would think one shouldn't exit the vehicle unless asked to do so by the Officer.

In Florida your Concealed weapon license is not tied into the license plate database, as the licensing is run by the Dept of Agriculture

[Pirate]

Originally Posted by Riverpigusmc

In Florida your Concealed weapon license is not tied into the license plate database, as the licensing is run by the Dept of Agriculture

Correct, my wife and I share a car, registered to only me, she would be presumed to be armed even though she does not have her cwfl. My work van is registered to a global company not myself.

[TLE2]

I believe you are "required" to inform a LEO that you are armed, when you hand them your carry permit. The few stops I've had the LEO asked anyway.

Keep the LEO from getting nervous!!!

[Pirate]

Originally Posted by TLE2

I believe you are "required" to inform a LEO that you are armed, when you hand them your carry permit. The few stops I've had the LEO asked anyway.

Keep the LEO from getting nervous!!!

In fl we are not required to inform.

[RKP]

Here, after letting the officer know immediately that you have a CP and are armed it's not at all uncommon to get off with a warning, unless you've committed some stupid sh*t.

[FfNJGTFO]

Originally Posted by TLE2

I believe you are "required" to inform a LEO that you are armed, when you hand them your carry permit. The few stops I've had the LEO asked anyway.

Keep the LEO from getting nervous!!!

In some states, you are required to notify LEOs that you are carrying and show the CWFL with driver's license. In FL, you are only required to show them "upon demand by a LEO." If the LEO doesn't ask, you don't have to tell. If they ask you to get out of the car, it probably would be a good idea to volunteer it.

Here's a good resource on this very point, for each state.

handgunlaw.us

Click on the state you wish to research, and it should tell you right up front if it's a state that requires you to inform a LEO immediately or not. Look at the upper margin of each state report. For example, here is the report for Florida - Handgunlaw.us - Florida... You'll see right up top is the designation - "Must inform officer by law" - And "No" for Florida.

[pitor]

Originally Posted by Gatorade

This is a catch 22. If he asks for it and you don't want to give it up, you would throw all kinds of red flags in the officers face and it would elevate. If he was cool with you keeping it, he wouldn't have asked for it. If you informed and he was cool with you keeping it he would have said made that clear by saying something to the effect of "just keep it concealed and don't make any sudden motions toward it". Or just a simple "thanks for letting me know" and continuing on with business. The fact he has asked you to disarm means he does not want you to have it. If you are refusing to comply you rid elevating the situation.

As has been said many times before, you may beat the rap but you will take a ride!

This is my philosophy as well. It has worked well for me for the past 6+ years since I started carrying.