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re: is it legal to have gun in car on the seat?

Posted on 2/26/15 at 8:13 pm to
Posted by bapple
Capital City
Member since Oct 2010
11879 posts
Posted on 2/26/15 at 8:13 pm to
quote:

Long story, but I explained it to the cop, and he sent me on my way, after clearing my gun and unloading it.



I understand it is lawful for a LE officer to disarm someone at a traffic stop since you have to "submit to a patdown and disarm," but I would think the officer would be smart enough to realize this:

Any time a gun is handled, there is a risk of a discharge. It's much smarter if he/she just keeps his/her eyes on the person being stopped to make sure they don't do anything sketchy. Plus, if the person admits to having a firearm and shows the cop where it is, the chances of this person being dangerous are practically nil.

I know, I know, "cops have a dangerous, thankless job." And I understand that. I just think a little common sense would make these encounters that much safer. What would happen if a cop gets Glock-legged with your handgun trying to clear it? Who's at fault there? Or if you're carrying concealed, the officer draws your gun from the holster and accidentally pops you through the arse. Who's at fault there?

It just makes more sense to me if they didn't touch the damn thing at all. But I guess I've driven that point home.
Posted by diat150
Louisiana
Member since Jun 2005
43495 posts
Posted on 2/26/15 at 8:14 pm to
Here is a link talking about new orleans area cops taking citizens firearms during traffic stops

LINK

Ive also read many accounts on various message boards of cops stripping down citizens firearms during traffic stops. all people who voluntarily informed the cop about the firearm. at that point it is not about officer safety. at that point the cop is more likely to accidentally shoot himself with the weapon as opposed to being harmed by the citizen. Its really just about exerting authority and power over someone. Thats why I dont play those kinds of games. give me my ticket and send me on my way. Ill be cordial, but Im not taking a chance on incriminating myself or putting myself in a situation to be antagonized by a meathead cop.
Posted by diat150
Louisiana
Member since Jun 2005
43495 posts
Posted on 2/26/15 at 8:17 pm to
quote:

It just makes more sense to me if they didn't touch the damn thing at all. But I guess I've driven that point home.


yep, if it was about safety the cop would ask the person to get out of the car, take their keys, lock the door, and then hand them the keys when he is leaving the scene. instead many would prefer to show you their power and authority by taking your weapon and tearing it down. Im not saying all are douchebags like this, but I have read way too many accounts of cops doing this shite for me to put myself in that type of situation.
Posted by bapple
Capital City
Member since Oct 2010
11879 posts
Posted on 2/26/15 at 8:39 pm to
quote:

instead many would prefer to show you their power and authority by taking your weapon and tearing it down.


This is certainly plausible. I like to think it's that the cop is a gun guy/girl and wants to check out the piece.

In either case I think it makes more sense to leave it alone entirely. Too much unauthorized handling IMO.
Posted by Pepperidge
Slidell
Member since Apr 2011
4311 posts
Posted on 2/26/15 at 8:48 pm to
quote:

A cop doesnt need anything but my license, reg, and insurance. he doesnt need to know where I am going, what I am doing, or what I have in my car.



Exactly!

mein fuhrer would like to know vat you are doing...your papers please!

what a shame... most don't like being reminded of just what is allowed and what isn't constitutionally...how dare you question their authority...do so and even worse, they will will try to find a way to get something on you.

because of this, most people are afraid to assert their constitutional rights...sad days we live in.
Posted by diat150
Louisiana
Member since Jun 2005
43495 posts
Posted on 2/26/15 at 9:12 pm to
the funniest encounter I ever had with a cop. he pulled me over for speeding and asked where I was going. I told him I was going to get some donuts. Right away he got confrontational asking where do they have donuts around here. I said in Eunice, which is farther from my house than Opelousas. He then asked why I was going all the way to Eunice for donuts, to which I responded because I like those better. At this point he was totally pissed thinking that I was trying to bullshite with him, but I was telling him the truth. I told him I could drop him off some if he wanted, but he just handed me my ticket and sent me on my way. Dude was pissed off big time for me just telling the truth. Thats when I decided that I wasnt going to ever offer up any information to a cop again. I also bought my Valentine One, to lessen the chances of getting stopped for speeding in the future.
Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 2/27/15 at 7:53 am to
quote:

I understand all that. My question is about how they know. From my DL or vehicle plate. For example, what if my wife is driving my truck and gets pulled over. He could be thinking she has one. Especially if my name is one that could be used for either gender
It would be from your driver's license. Your driver's license and your handgun permit are both issued by Louisiana State Police.

When the LEO runs your driver's license (looking for outstanding warrants or whatever), he's probably gonna see that you have a permit.
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