imported post
protector84 wrote:
When it comes to someone trying to disarm you, you should use standard self-defense techniques, the first of which includes basic common sense. First, here in Arizona, a law enforcement officer does have the right to temporarily disarm you during a detention or arrest. If you are stopped by a police officer either while driving, on foot, or otherwise, you are actually under arrest. That doesn't mean you are going to jail but by law you are being detained and you are not free to go. The officer must have probable cause to detain you and they do have the right to disarm you while you are detained. I have seen several posts about refusing to hand over your gun to a police officer. I don't recommend this. There are plenty of crooked and corrupt cops out there on the street who would love an excuse to kill someone and they know that they will get away with it. It is better to do what the cop says, keep your mouth shut, take mental notes, and as soon as you are free to go or are already booked depending on the outcome, write everything down, and call a lawyer if needed. Resisting a cop on the street will get you nowhere and if you have a gun that you don't turn over, you could easily be killed. Keep your mouth shut, do what you are told, and if the cop is in the wrong, then when you are safely away from the situation, get a lawyer and take legal action. You are much better off fighting the cop in a courtroom with an attorney than arguing on the side of the road. While some cops are good, don't trust them all. Some may be criminals themselves, take bribes, and are not mentally sound. If you are in fear for your life from a cop, there are things you can do. If they are trying to pull you over or otherwise stop you and something seems fishy, call 911 from your cell phone and do not stop. If it is legitimate, they will call backup and if you are dealing with ten cops instead of just one, then the one bad cop will probably not do you wrong in front of the other good cops. You can always defend your actions in court with an attorney if need be.
I agree to a point.
I will surrender my weapon AFTER I have cleared the chamber and unloaded it. If the cop refuses to allow it, I say that for both of our's safety, please contact your supervisor and I will remain cool, calm, and with my hands in plain sight.
Saying, "Officer, I will comply with your request, but you do not know my weapon, and I will carefully and slowly clear it before I turn it over to you. If you disagree with that, please contact your supervisor and have him attend the stop for safety reasons."
If he insists further, then I know I have an officer that has poor training. If I hand the weapon over to him, it will be in the holster. I will also make a formal complaint against the officer, because turning over a live weapon to someone that does not know your gun is foolish and dangerous.
NEVER trust a police officer. I cannot say this long enough or loud enough. NEVER, EVER, EVER trust a police officer. He may be a baby faced cherub looking boy that is fresh out of the academy, a kid that your girlfriend would run up to and pinch his cheeks... but he works for the legal system, and he has been trained to find a reason to arrest you, and put you in jail. He is an agent of the law, and his training only comes into play when he feels you have violated that law. He is not your friend, and if you are stopped, he already has probable cause to arrest you, and every question he asks is designed to prove that cause - NOT to disprove it. He is not there to let you go, he is there to arrest you, prosecute you, and he will sleep better that night if you are safely in jail. So once again, NEVER trust a police officer. Trust me in this, he does not trust you... no matter HOW nice he seems.
Now as to being disarmed. In Arkansas I was stopped and the trooper asked for my license. I told him that I had it, but it was in the glove box beside my firearm. He asked me to retrieve the weapon and place it on the dash, and I did. He took the license, went to his car, ran the numbers and eventually came back. He even gave me a huge break on the ticket! Nice Guy.
I also got stopped in Florida, and told the officer I was carrying. He said, "Than you for informing me, I appreciate it. The stop went fine, and I was verbally warned about a broken tail light. He did not ask for my weapon or even where it was located.
In Kentucky I told a ranger that I was armed, and that it was in the trunk. He asked what I had and I said an AR15. "Cool! Can I see it?" We had a great conversation.
In Florida I carry concealed, and carry a bigger gun. It does bulge, but does not look like a gun - which is all the law requires. I have some cops that I talk to occasionally when they are off duty, and we often talk guns, and they have seen it, but never said a word to me.
Lastly, cops are human and most feel they have a right to shoot you if you resist. If one is stupid enough to take a live weapon from someone, they need to be fired and sued. But not all officers are well trained, and many work for minimum wage or it is a part time job. They should knowthe law, but don't. They are dangerous. Handle with care.
But the most dangerous is the "True Blue" officer that knows the law, and banks on you NOT knowing it. They get away with everything they can, and make a game of it. They speed, drive recklessly and even race the cars from light to light. They need to be disciplined, and it takes people making calls, and getting involved to restrain them and make them act like the professionals they are. If we don't teach them, they will never learn.