Input needed, clearing your weapon before surrendering it

[grimor]

I didn't want to hijack a good thread https://www.indianagunowners.com/fo..._defense/134941-surrendering_your_weapon.html but I have thought about this while reading it. Typically I wouldn't inform an officer I had a firearm unless I felt I had to, but I was recently pulled over in Michigan (must inform) and I thought what would be the safest way to "get it over with" if he asked for my gun. I'm of the opinion that refusing, even asking "am I being detained, etc" would escalate a situation that at least at the time of the stop, I would always be on the losing side of.


Before handing someone a gun, especially one they aren't familiar with, it has always been my practice to clear the weapon. With the talk of officers asking for firearms during stops, if you were to surrender your weapon to an officer, clearing it first would seem to be the safest route.

The drawbacks
-the officer would most likely have their gun pointing at you. I am really not a fan of ever having guns pointed at me.
-you are now handling the firearm and the officer may misunderstand what you're doing (even if you inform them prior to doing it) and react.
-Any time you handle a firearm there is always an increased chance of accident, but is that better than giving the officer the chance to have an accident?

The advantages
-the weapon is now "safe" and the chance of you getting shot by your own gun is reduced.
-less likely to have damage to your weapon from someone not familiar with it trying to clear it.
-hopefully the officer would not have their gun pointed at you after this.
-you won't get your gun back in pieces with your magazine in one place and your bullets some place else... hopefully

As always, LEO input is appreciated, but what does everyone else think?

 

[asystole86]

I'd personally inform the leo, and then clear the firearm. I have a friend who lives in Horn lake Mississippi. He was stopped was asked to give up his gun when cop saw his firearms license . My friend took out the mag handed the gun to the Leo and said it's still hot. The Leo went back to his car but he had stuck the gun in his waistband . The gun went off and the cop was hit in the leg. So if it was me id clear my weapon to avoid accidental officer injury.

 

[Que]

I'm not saying which way is correct, but if I were in a situation and was asked to surrender my gun, I would prefer to have the officer take it from me. I just wouldn't feel comfortable removing my gun when the officer is nervous and possibly under the assumption that I'm a criminal.

Grimor, I won't jack a good thread, but I have a friend who just graduated from the police academy on Friday. We had a very interesting conversation and I'll post it in another thread for feedback.

 

[Donnelly]

Yeah, good luck with that.

I have a strong feeling that you should do exactly as the officer says if you are asked for your weapon. Try figetting around with your weapon after he has asked you to surrender it and you are likely to have his weapon pointed at your head, and that's if you are lucky enough not to be shot outright. You might ask the officer if you can clear the weapon, but be prepared for him to say "No" to your request.

 

[Mr. Habib]

All of these threads about being disarmed "for officer safety" have gotten me to rethink my carry style in my car. From now on I am putting my handgun in my center console while driving. If asked if I have any weapons in my car, I will be truthful, However I will not consent to a search of my vehicle. If the LEO wants to have me step out of the car while he writes my ticket, fine. If he wants to fondle my gun, he can try to get warrant or go pound sand. If he wants to cuff me after I am out of the car he will need a good lawyer.

 

[ATM]

...I would prefer to have the officer take it from me.

+1

I will not comply with a request or demand to touch my gun during a stop.

I will not give consent but will not resist if they decide to take it from me.

Every other option is unacceptable.

Tase me bro.

 

[Regionnus Rattis]

+1

I will not comply with a request or demand to touch my gun during a stop.

I will not give consent but will not resist if they decide to take it from me.

Every other option is unacceptable.

Tase me bro.

I would not comply with a request or a demand either, if they cannot tell me first the reason for stopping me. I also would not give consent, but to avoid any "trigger finger" if I had a weapon pointed at me, I would also have to say something to the effect of "While I am duly licensed to carry a firearm, Officer, I do not consent to this violation of my 4th amendment right." If he says something like "officer safety" then I would ask specifically how I am to hand over my weapon. (I think the moment I got pulled over, if that were to happen, I would have my iPhone on record)

 

[Kirk Freeman]

I don't understand this obession with fingering guns, but I do understand the motives of the police. My fear is that this political act by the police is going to get someone hurt or worse.

We know that it is not done for "officer safety" as the only time I had a pistol taken from me (after being stopped on foot for obeying the law) the officer took only one of my pistols, waved it all over the neighborhood and then pointed at me like an ape from 2001, and left me with the other two guns looking down my own muzzle.

After the person makes the officer aware of the valid LTCH the officer has no basis (unless an custodial arrest) to fiddle with the guns as a way to intimidate us into not exercising a civil right. This heckler's veto must stop.

"So, Kirk, what are we to do? We can't argue with the officer on the side of the road!" You're right.

I believe the best solution to stop these hecklers' vetos is to codify existing case law and create civil and criminal remedies for an officer who violates the rules as laid down by the courts.

 

[Kirk Freeman]

Ask to get out of the vehicle and have the officer take them or twist around have him take it from me.

I don't like the idea of pointing the muzzles at me or down the road. If the officer want ME to handle it, then I'll do so after lengthy protest.

Everytime, every single time you unload or load the weapon may discharge.

Fingering the guns at the side of the road on a routine traffic stop shows unprofessionalism and reckless disregard of public safety.*


*Did everyone see the multiple threads of the police officer setting himself and a buddy on fire and then running down the hallway while his weapon is out for anyone to grab? Everytime the cops fiddle with guns that can happen.

Does not matter if you are wearing a Captain Tactical vest and a tie. Does not matter if you think you are the only one professional enough for a Glock Fortay. Quit fingering guns where the public is endangered!

 

[SMiller]

I leave mine in the holster and inform him that it is loaded and chambered. If he wants it I hand holster and all to him, a gun in a holster does not have someones finger near the trigger.