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Whhttp://www.thenewspaper.com/news/34/3494.aspa What do you all think about this?

http://www.thenewspaper.com/news/34/3494.asp Sorry try this link.

I don't like it, but I understand the reasoning. The officer took possession of the firearm only during the time of the traffic stop. The weapon was returned to the owner after the traffic stop was over. Maybe the bigger argument for the felon illegally in possession of a firearm was did this constitute an illegal search & seizure.

This is very similar to what happened to me a few years back. A couple of drunken thugs smashed a beer can against my truck windshield while I was driving down the street. It was already a really bad day for me because the Mexican drug gang, MS-13, was painting their gang colors on my mother's house. It had been going on for a couple of months and I was armed in case I ran into them. Well, when that beer can exploded against my windshield, that did it, I lost my cool. I did a "Bat-turn" in the 4 lane street and chased them. They could not outrun me, so they stopped to fight. I came out with weapon drawn. They decided it was a good thing to leave on foot. I called the cops.

Here is where it is similar. When I saw the cops driving up to my location, I pocketed the weapon. I didn't want to freak them out with a drawn weapon. Once they were there, I let them know I was armed and asked them if they wanted to hold the weapon during our conversation. At that moment, everything changed. Suddenly, I went from being the victim of vandalism to the aggressor out to kill someone with road rage. The police actually defended the actions of the thugs because I had a weapon. They threatened to take me to jail. I stood my ground and told them to take me to jail, I was within the law. My only mistake was to pocket the weapon as they drove up ( at that time, I didn't have a permit). I had volunteered the weapon to them before they were even aware of it. They decided to let me go (special thanks to the good cop) and the weapon was returned to me at the end of the event.

Even if you have a concealed permit, always notify the police you have a weapon with you when an officer is doing an investigation. In my state, if you have a permit you don't have to surrender your weapon during a police interview, but it is considered a courtesy to do so. It is up to the officer in charge if they want to hold the weapon, or not.

Can't an officer search any area that is within reach?

Kind of hard to feel bad about a felon getting busted with a gun. I know I should, I'm all for sticking it to the man, but I just can't muster it on this one.

If the police can see an item within plan site without moving items to 'discover' it, while in a closed vehicle, that's enough reason to do a search, especially if it's a weapon.

Police making contact usually like to keep control of any firearms in the vicenity, and almost always give them back at the end of the contact. Nothing new.

At first, for the Judge to rule that a firearm outside the immediate reach of the person stopped was a danger to the officer, seems idiotic. However, if the officer had to go back to his vehicle for some reason, the driver or a passenger could retrieve the firearm and shoot the officer.

Unless you know the cop on scene, you will probably disarmed. But not always. There are a few cops out there that know good guys also carry guns and the cop has nothing to fear from them. I personally know a few like this. I've never been in a situation where the cops have disarmed me or asked me to disarm. I have been armed in the presence of law enforcement however, and they knew it.

If they ask, not much you can do but cooperate I guess. It might suck, but unless you are in trouble you'll get you weapon back.

Deal

NotABigDeal wrote:but unless you are in trouble you'll get you weapon back.
Deal

Generally, yes. There are a few places where the police are supposed to give the weapon back and they don't, and a few where they don't have to at all. Fewer by the year, but they are still around.