Friday, January 23, 2009

Traffic Stops and the Legally Armed Citizen

Jeff Hogan, LMS Defense Law Enforcement Program Manager

This topic frequently comes up in conversation. Sometimes, it brings hostility from those that don’t like law enforcement for whatever reason, and some just want to know how to handle it. We wont get into a political debate on this issue. Instead, I will just give some pointers how to handle the traffic stop and the officer. Keep in mind I am an officer, and fully support your right to be armed.

Ok, let’s get this out of the way right now. Law enforcement does not go around just pulling people over for no reason. You have violated a law, however minor it may be. Before you get angry for being stopped, find out why you were stopped in the first place. There are the obvious laws that everyone knows about, like speeding. There are also laws on the books that some have no idea about. Heck, there are laws on the books that I didn’t know existed. Ignorance of the law is not an excuse for any of us. It’s our responsibility to know them, whether it’s me as an officer, or you as a citizen.

Also, some States require you to notify the officer that you are armed. Even if this is not the case in your state, it’s still a good idea, trust me.

Let’s move forward to the stop. After pulling to the right and coming to a stop, place your hands on the steering wheel. Place them both at the 12 o’ clock and relax. Placing them at the 9 and 3 makes you look a little tense and will start sending warning flags to the officer.

Allow the officer to make his approach and make contact. You don't want to stick your head out of the window and scream, "I'm armed officer". Let him give you his reasons for the stop. At this point, he’ll probably ask you for your registration, insurance and drivers license. This is where you chime in. Let him know, “Officer/Deputy, I am a CCW holder and I have a weapon on my side and it happens to be on the same side as my wallet. ” The officer will probably give you instructions at this point. Just follow what he tells you to do. He has to worry about his safety, just as you do yours. If you keep a good attitude, it should not be a rough experience.

The officer may or may not have you step out of the vehicle. If he does, just do as he says. Right now is not the time to fight or argue the 2nd amendment. Remember, he has the duty to make sure that you are legally carrying that firearm. If we believed everything we were told and trusted everyone’s word, we wouldn’t put very many bad guys in jail and we would bury a lot of cops.

I know none of us like others touching our weapons, but he may want to make sure it’s not stolen. You wouldn’t believe how many guns I have run that people bought at a gun show or from the local paper that were stolen. Better you find out now rather than when you’re involved in something bigger than a traffic stop.

After the check, he may or may not drop the magazine, clear the chamber and lock the slide back. You have to remember, he is thinking of his/her safety and trying to take one factor out of a possible deadly incident. He is not doing this to screw with you. Keep a positive attitude…it’s almost over.

He’ll write you a ticket if he feels the need or give you a warning. You then get sent on your way.

Just remember this, LEO has a job to do. You entrust them to do it. That’s all he is doing. If you feel that the officer did something wrong during the stop, don’t confront the issue on the side of the road. When it’s over, file a formal complaint.

Bottom line, keep a positive attitude, be polite and go with the program. You may end up talking guns with the cop and gain a new training buddy.

1 comments:

  1. Last year I was hit from behind in a very minor fender bender her in S. Central Idaho. The Sheriff arrived, I handed my DL and my CCL to the man, he eyed me, he eyed the hysterical female that hit me, he nodded to me looking directly at my hip, I nodded "YES" in return, he finally spoke, "no need to upset her any more, just stay in front of your car where I can see you, and were good- OK?" I gave the OK and he went to assist her.
    While I was nervous originally we had no issues and no drama. Courtesy goes a long long way.

    Good blog post.

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