Author Topic: Question about vehicle stop while carrying.  (Read 7904 times)

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Offline Jeff

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Question about vehicle stop while carrying.
« on: July 01, 2013, 07:54:28 PM »
I was told that there is no actual law protocol on what a police officer is supposed to do regarding stopping someone who has a CPL and a firearm on their person.

I was also told that the cop doing the stop will handle it as he sees fit and to just cooperate with every instruction he has.

An instructor said his friend is a police officer and when he stops someone who has a CPL, he will get them out of their vehicle, cuff them, take away their firearm, put them into the back of his squad car and run their information.  If they are clean the cop will have disassembled their handgun, uncuff them, put them back into their vehicle, then hand over the disassembled firearm, separate magazine and all bullets just loose in his hand then the cop will leave.  The cop tells them while he's doing it that if they have a problem they can always file a complaint but it won't do any good.

I don't feel that any of that is acceptable and I have been wondering about it for awhile now.

SO can they actually do that?  What are they really allowed to do?

Offline TheQ

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Re: Question about vehicle stop while carrying.
« Reply #1 on: July 01, 2013, 08:26:14 PM »
I was told that there is no actual law protocol on what a police officer is supposed to do regarding stopping someone who has a CPL and a firearm on their person.

I was also told that the cop doing the stop will handle it as he sees fit and to just cooperate with every instruction he has.

An instructor said his friend is a police officer and when he stops someone who has a CPL, he will get them out of their vehicle, cuff them, take away their firearm, put them into the back of his squad car and run their information.  If they are clean the cop will have disassembled their handgun, uncuff them, put them back into their vehicle, then hand over the disassembled firearm, separate magazine and all bullets just loose in his hand then the cop will leave.  The cop tells them while he's doing it that if they have a problem they can always file a complaint but it won't do any good.

I don't feel that any of that is acceptable and I have been wondering about it for awhile now.

SO can they actually do that?  What are they really allowed to do?

The short of the story is: they can do as they damn well please.  What can you do in response?

1. File an IA complaint -- these generally are taken seriously.
2. Record the encounter.  I'd recommend using the "Qik" (http://www.qik.com) app on a smart phone.
3. Contact a lawyer and discuss the possibilities of a 42 USC 1983 Civil Rights lawsuit.
I Am Not A Lawyer (nor a gunsmith).

Offline Justice

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Re: Question about vehicle stop while carrying.
« Reply #2 on: July 02, 2013, 06:37:43 AM »
I was told that there is no actual law protocol on what a police officer is supposed to do regarding stopping someone who has a CPL and a firearm on their person.

I was also told that the cop doing the stop will handle it as he sees fit and to just cooperate with every instruction he has.

An instructor said his friend is a police officer and when he stops someone who has a CPL, he will get them out of their vehicle, cuff them, take away their firearm, put them into the back of his squad car and run their information.  If they are clean the cop will have disassembled their handgun, uncuff them, put them back into their vehicle, then hand over the disassembled firearm, separate magazine and all bullets just loose in his hand then the cop will leave.  The cop tells them while he's doing it that if they have a problem they can always file a complaint but it won't do any good.

I don't feel that any of that is acceptable and I have been wondering about it for awhile now.

SO can they actually do that?  What are they really allowed to do?

NEVER question the boys in blue! Break down, lick those boots and boost their ego. After all, those who practice this are likely a sociopath and LOVE control. Suck it up friend, we asked for this police state with our votes and tolerance... Or...

Offline LD

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Re: Question about vehicle stop while carrying.
« Reply #3 on: July 07, 2013, 12:21:16 PM »
While I find it easy to believe an instructor would say such a thing, I find it awfully hard to believe a cop would.
I also doubt a cop would actually do it.

Offline ken243

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Re: Question about vehicle stop while carrying.
« Reply #4 on: July 07, 2013, 01:10:35 PM »
There seems to be a chronic problem with every car I drive, they tend to speed. I can tell you from experience, I have never had such an thing happen. 3-4 times I was simply asked where the gun is, I told them and their response was not to touch it. One other time was was at a gas station pumping gas and my pistol was in the center console. An MSP unit pulled up because my tags were expired. I notified them I has CPL and my pistol was in the glovebox. One trooper went to my passenger door and opened it. I ask what he was doing and he said he was going to secure my pistol. I told him no he was not and had no permission to get into my car. He gave me some crap and shut my door. Needless to say I got a ticket for my tags being expired. Some officers may do things different but all in all, most are on our side and will have the same respect for you that you show to them.
Common sense, isn't.
I can't fix stupid.

Offline Jeff

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Re: Question about vehicle stop while carrying.
« Reply #5 on: July 07, 2013, 04:41:28 PM »
While I find it easy to believe an instructor would say such a thing, I find it awfully hard to believe a cop would.
I also doubt a cop would actually do it.

The instructor said it was his brother in law, and that he is with the Mt Clemens police department.

Offline CV67PAT

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Re: Question about vehicle stop while carrying.
« Reply #6 on: July 09, 2013, 07:40:40 PM »
The instructor said it was his brother in law, and that he is with the Mt Clemens police department.
Mount Clemens doesn't have a police department.
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Offline Jeff

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Re: Question about vehicle stop while carrying.
« Reply #7 on: July 09, 2013, 08:57:25 PM »
Mount Clemens doesn't have a police department.

He said his brother in law is a cop and if we get pulled over in the area of mt clemens then it could be him.  Someone said in the class Mt clemens police department and he said it could be him.  So whatever different police precinct are around that area I have no idea, I am not from around there and have only gone over there to turn in my CPL paperwork.  Or he was full of "IT" and has no brother in law cop and was just telling us a spooky story so that we comply with whatever the cop wants.

Offline SteveS

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Re: Question about vehicle stop while carrying.
« Reply #8 on: July 11, 2013, 09:00:45 PM »
There is case law that says they can cuff you or put you in the back of the patrol car during a traffic stop. As for the rest, it may or may not be ok. If I had to guess, I would say that they could if they had RAS. Taking the gun apart seems over the top.