Today I played "Open Carry"

[KevDen2005]

Thanks! But what about the unloading part?

Again, it has been experience that it really depends on the circumstances AND how comfortable the LEO is with the gun...yes believe it or not, not all LEO's are as familiar as the movies make them out to be.

Sorry about the vagueness, it's just one of those things that if I disarm someone, and am very familiar with guns, I would most likely clear it, and that again is IF I disarm someone. That's just me handling guns often and always checking the status of firearms that I am in "possession" of

[spyder]

Again, it has been experience that it really depends on the circumstances AND how comfortable the LEO is with the gun...yes believe it or not, not all LEO's are as familiar as the movies make them out to be.

Sorry about the vagueness, it's just one of those things that if I disarm someone, and am very familiar with guns, I would most likely clear it, and that again is IF I disarm someone. That's just me handling guns often and always checking the status of firearms that I am in "possession" of

So, to clarify for me, if some scared little halfwit calls me in for no reason and the police show up, I have to give up my pistol? Or can I say no, because they have no reason to take it from me? Just a question, I would gladly hand it over to make it all easier, but, just want to know.

[KevDen2005]

So, to clarify for me, if some scared little halfwit calls me in for no reason and the police show up, I have to give up my pistol? Or can I say no, because they have no reason to take it from me? Just a question, I would gladly hand it over to make it all easier, but, just want to know.

That police may take it and justify safety reasons, but no it doesn't necessarily mean that they are going to take it...

[spyder]

That police may take it and justify safety reasons, but no it doesn't necessarily mean that they are going to take it...

So, on a MWAG call, you can take my gun away from me without my consent? Don't I have to be detained on reasonable suspision which is not covered on one of those calls? Wouldn't there be a 4th amendment right violation there?

[Elhuero]

So, on a MWAG call, you can take my gun away from me without my consent? Don't I have to be detained on reasonable suspision which is not covered on one of those calls? Wouldn't there be a 4th amendment right violation there?

my apologies to kev, he makes good posts and seems like one of the good guys so I hope he doesn't get too offended at this.

yes the police can take your gun away without your consent, and yes they can detain you for any or no reason they like.

sure there might be a 4th amendment violation, but the most that will happen is you'll spend some time in a cell then they'll let you go without filing charges and you may or may not get your gun back.

sounds like a shitty deal, and it can be, but that's the way it is.

always ask "am I being detained" if the officer says no then BEAT FEET.

if you are being detained say yes sir, no sir, be polite and don't shoot your mouth off. if you resist or cause them any problems you automatically become the bad guy. they can book you for disorderly conduct, impeding and investigation, or any number of things just to make your life miserable. it happens every single day.

[Irving]

It may be common for them to keep your weapon during the duration of your contact with them, and to give them a chance to "run it." It is less common to have them take it all together, but still possible.

[cstone]

There are some court recognized exceptions to the warrant requirements for searches. Consent, plain view, search incident to arrest, exigent circumstances, hot pursuit, impending destruction of evidence, etc... Articulation is part of police training. If the officer can articulate a reasonable and legal reason for the actions he takes, he/she will probably be justified and upheld in court. If he/she goes on an unjustified power trip or unreasonable fishing expedition there are a host of remedies available to a citizen with a savvy attorney.

Never argue with a cop in uniform on the street. It's like being in the proper lane while having a head on collision with a tractor trailer. Sure, you were right, and maybe your beneficiary will see some cash. Small benefit to you.

[KevDen2005]

my apologies to kev, he makes good posts and seems like one of the good guys so I hope he doesn't get too offended at this.

yes the police can take your gun away without your consent, and yes they can detain you for any or no reason they like.

sure there might be a 4th amendment violation, but the most that will happen is you'll spend some time in a cell then they'll let you go without filing charges and you may or may not get your gun back.

sounds like a shitty deal, and it can be, but that's the way it is.

always ask "am I being detained" if the officer says no then BEAT FEET.

if you are being detained say yes sir, no sir, be polite and don't shoot your mouth off. if you resist or cause them any problems you automatically become the bad guy. they can book you for disorderly conduct, impeding and investigation, or any number of things just to make your life miserable. it happens every single day.

I truly appreciate that and I don't always agree with practices of law enforcement or government either.

If an officer asks for consent you may just want to say "No." A lot of times however, officers ask for consent even if they can justify something else just to have more support, i.e. Plain view in a car, I may also ask for consent, both look good in my report.

I have to disagree a little bit, the detained stop better be articulated enough so that as an officer you aren't violating rights...which new officers or poorly trained officers may do, without even knowing, at which point, I don't want anything to do with the call they are on because I have no desire to have a case in the supreme court titled, US v. KevDen2005.

[Irving]

From what I understand, you can say no to a search of your person, but not to them running your guns.

[KevDen2005]

From what I understand, you can say no to a search of your person, but not to them running your guns.

Which I try not to do unless we are actually taking criminal action against a person...I hate being that guy