Surrendering your Weapon to an Officer

[Guest jth_3s]

Is there a law on the Books that requires you to surrender your weapon to an officer? I had a friend say there is and that it only applies when the officer has reason to fear for his or someone elses safety. Does anybody know where I can find the law?

[Punisher84]

It is the law that an officer can disarm you if he feels it is a threat to his safety, but they are given a fairly wide berth as to what that means usually. You could try Michie's unless someone beats me to it with the link.

[Guest jth_3s]

I tried Michies but couldnt find it. I recently had a State Trooper Take my Handgun when he pulled me over for a seatbelt ticket. I didnt like the way he layed it on my roof for the whole world to see.

[Guest clsutton21]

I recently was pulled over for speeding. The trooper asked me where my handgun was and I told him in the door. All he said was, "Don't draw your's and I won't draw mine." He then conversationally started asking what kind it was and about my cartridge belt. A lot of it has to do with attitude you display when you get pulled over.

[Guest jth_3s]

I was nice to the officer and he had no business taking my weapon. This was the first time I've ever told one I was armed. It was in my glove box so I figured it would be a good Idea to tell him. Anyway Does anyone Know where I can find the law

[EMTRN]

TCA 39-17-1361 Section "t"

[Guest jth_3s]

Im not sure if this is the right law?

39-17-1361. Execution of documents by sheriff or chief of police. —

The sheriff or chief of police of the city of residence of a person purchasing any firearm, defined by the National Firearms Act, 26 U.S.C. § 5845 et seq., shall execute within fifteen (15) business days of any request all documents required to be submitted by the purchaser if the purchaser is not prohibited from possessing firearms pursuant to

Edited October 28, 2009 by jth_3s

[TGO David]

I didnt like the way he layed it on my roof for the whole world to see.

Just my opinion, but I think maybe you need to toughen your skin a little and stop caring what "the whole world" thinks about seeing your gun.

[Guest jth_3s]

Just my opinion, but I think maybe you need to toughen your skin a little and stop caring what "the whole world" thinks about seeing your gun.

I thought you were a strong supporter of the privacy of HCPers. Him putting the gun on my roof for criminals and everyone to see is worse than the Commercial Appeal Putting my name in a Database. It would be different if he had a reason to fear his safety and took it to his car. Its not that I am ashamed or embarrassed about protecting myself.

Edited October 28, 2009 by jth_3s

[Guest H0TSH0T]

i guess all that is left is to wait and see how many criminals want to come kill you now that they all know you have a gun, i bet their is one out side your window now, relax i doubt you will have to worry about any criminal messing with you if they know your armed. oops i see them attacking a grandma on her hoveround no she showed her gun shes ok now,

[Guest jth_3s]

i guess all that is left is to wait and see how many criminals want to come kill you now that they all know you have a gun, i bet their is one out side your window now, relax i doubt you will have to worry about any criminal messing with you if they know your armed. oops i see them attacking a grandma on her hoveround no she showed her gun shes ok now,

My main worry was that they might break into my vehicle when I'm not in it to steal my gun(it happened in a small town where I live when Im not in school so people know me and my vehicle). Besides how can you people criticize me for wanting privacy when you were the very people raising hell about open records of HCPers, there is no difference. I think we may be straying a little bit for the origional topic but I dont care. This is a good discussion

Edited October 28, 2009 by jth_3s

[Guest jackdm3]

Doubt anyone could make such a thing out if they were travelling at speed unless the gun was sitting on its edge, in a profile position.

[Guest jth_3s]

Rubberneckers drive pretty slow on a backroad. He had no business taking my gun in the first place. Im pretty sure the law says he has to fear for his safety. Its bad enough I have to buy my 2Amendment right to bear arms but after I paid for them he has no business taking my gun and if he does he can at least be discreet about it.

[USMCJG]

Rubberneckers drive pretty slow on a backroad. He had no business taking my gun in the first place. Im pretty sure the law says he has to fear for his safety. Its bad enough I have to buy my 2Amendment right to bear arms but after I paid for them he has no business taking my gun and if he does he can at least be discreet about it.

Yes, they are supposed to have reason to believe they are in fear for their safety. It's obvious that this officer thinks any law abiding citizen with a firearm is a threat to his safety. It's completely discretionary and entirely up to the particular officer. I think it would have been best to not take your weapon in the first place, but if he felt it was necessary I agree that putting it on top of your car may not have been ideal.

The only thing you can really do is call the PD and tell them about your concerns. Be polite and let them know that you would prefer that your firearm was not left in plain view of the public if it must be taken away for the officers safety. Perhaps they will talk to the officer who pulled you over and he will handle it differently the next time.

[Guest clsutton21]

I could care less who knows I have a permit.

Maybe he did fear for his safety, you never know what kind of situation he has been in before. Maybe you were nervous or shifty when he came to the car. He could have just had a bad feeling about that day. Who knows?

You really shouldn't make a big deal out of it, he didn't break the law and it's not like he confiscated it.

[TGO David]

I thought you were a strong supporter of the privacy of HCPers. Him putting the gun on my roof for criminals and everyone to see is worse than the Commercial Appeal Putting my name in a Database. It would be different if he had a reason to fear his safety and took it to his car. Its not that I am ashamed or embarrassed about protecting myself.

Man, give it about 10-15 more years and you won't care near as much about the petty crap as you do right now. Things like a cop disarming you for his protection during a routine stop will seem like a pretty inconsequential, common sense thing and you won't even think twice about it being left on the roof of your car.

Honestly, if the cop had taken it with him to his car you'd probably be just as upset about that. Or more. "OMG, did he run the serial number? Did he do something with it?"

Let it go. Breathe deep. Live longer.

[OngoingFreedom]

I agree. You need to grow a thicker skin.

Who's going to even know it's you? And do you think a criminal is really going to trail a "hard target?"

Wear your seatbelt and don't give the trooper a reason to pull you over

Edit: Wow, about 5 posts between starting to write one and hitting the "POST REPLY" button! I understand what you're talking about in a small town, but seriously, it's not that big a deal. Your right to privacy ranked just a "little" lower than the trooper's perceived need for safety.

Edited October 28, 2009 by OngoingFreedom

[Guest jackdm3]

Thank "The Maker" that you didn't get so upset about the cop that you left it on the roof when you tore out of there.

[Guest jth_3s]

It is a big deal. You have to stand your ground when they abuse the law. They are suppossed to be in fear for their safety and I gave him no reason to fear, I was polite. Answer this: Do you believe that the Government has the right to make laws that infringe upon our Constitutional Rights? When he took that gun he infringed upon my 2A right to KEEP and bear arms. As for the Seat belt law, the government has no business making laws to protect me from myself it is nothing more than a means of revenue and another reason to pull you over.

[Guest jth_3s]

Thank "The Maker" that you didn't get so upset about the cop that you left it on the roof when you tore out of there.

lol yea. I let him hand it back to me didnt wanna get shot lol.

[TNRobocop]

Get over it and yourself.

You are showing a really crappy attitude and if you acted "anything" like you are acting now, I can see why the officer would have felt the need to secure the weapon.

The officer did nothing illegal, you got your gun back, be done with it.

You are acting like a child not getting it's way.

Chill out.

[Oh Shoot]

TCA 39-17-1361 Section "t"

Correctamundo.

"(t) Any law enforcement officer of this state or of any county or municipality may, within the realm of the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer or other individual or individuals. The officer shall return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, to the permit holder, or other individual or individuals provided that the permit holder has not violated any provision of this section and provided the permit holder has not committed any other violation that results in the arrest of the permit holder."

[Guest jth_3s]

Correctamundo.

"(t) Any law enforcement officer of this state or of any county or municipality may, within the realm of the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer or other individual or individuals. The officer shall return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, to the permit holder, or other individual or individuals provided that the permit holder has not violated any provision of this section and provided the permit holder has not committed any other violation that results in the arrest of the permit holder."

Thanks for correcting me. I found that other thing on Michies

[Guest jth_3s]

Get over it and yourself.

You are showing a really crappy attitude and if you acted "anything" like you are acting now, I can see why the officer would have felt the need to secure the weapon.

The officer did nothing illegal, you got your gun back, be done with it.

You are acting like a child not getting it's way.

Chill out.

I dont have an attitude and I didnt then. Im just a freedom loving American that hates having his rights trampled. But I've found the Unconstitutional Law I was looking for now

[Motasyco]

It is a big deal. You have to stand your ground when they abuse the law. They are suppossed to be in fear for their safety and I gave him no reason to fear, I was polite. Answer this: Do you believe that the Government has the right to make laws that infringe upon our Constitutional Rights? When he took that gun he infringed upon my 2A right to KEEP and bear arms. As for the Seat belt law, the government has no business making laws to protect me from myself it is nothing more than a means of revenue and another reason to pull you over.

You maybe didn't, by your actions, give him a reason to fear you. The problem may be the fact that LEOs around the country are shot from the windows of stopped vehicles. You can't always identify a nutcase by looking at him or talking to him. If I were a LEO, I would be nervous about every vehicle I approached. You knew that you were no threat but how could he be 100% sure? One way would be for him to have control of your weapon during the stop. He returned it. He didn't damage it. He didn't keep your ammo. He didn't scatch the paint on your roof. He lived to go home to his family. You didn't go to jail. I fail to see any harm done. You just didn't get your way. Did you feel that you were going to need it to defend yourself during the duration of the stop? Sometimes the path of least resistance is the truely the best way to go. It's done and there have got to be more important things in your life to expend your energy on. Relax. I'm not saying that you shouldn't stand up for your rights but pick your battles. Some things just aren't worth the aggravation.