Maybe I should refine my original question.
Of course, an officer *can* do anything he wants. I'm either going to comply or resist. If I resist, I may be tazed, tackled, taken to jail, etc. The question is rather: MAY the officer (in accordance with the law) do this?
Do what? He can always ask (just as you can give him permission/consent). If he is detaining you, then he can seize your weapon for officer safety.
If he can, please cite the MCL reference. Is there an MCL reference or is there just some case law made up by a judge?
No MCL is necessary, as it is established precedence.
In Terry v Ohio, the US Supreme Court ruled that (when detaining a suspect) an officer can in the interest of officer safety do a brief pat down of the outer for weapons or contraband.
If he is not authorized to do so BY LAW, is there a course of legal action one can take?
That is a question for your lawyer after it happens. If you are illegally detained (this will come out in discovery, which is done by your lawyer), then your lawyer may or may not feel the case is worth perusing.
I'm asking these questions so I can learn. I've not seen it in the law (I've read most of the Firearm Laws PDF posted on the State Police web site). Did I miss it? If so, could someone point it out to me?
Addressed above (Terry v OH).
This has not happened to me so far, so the thread is a bit academic. I'm just wanting to know in case it does happen.
A better question is, "What difference does having this knowledge make to you?" Why do you feel you need this knowledge for "If it happens."?
Example. Say that you know that he cannot lawfully seize your weapon during a frisk. Then what? What difference does having that knowledge make? How does it affect your decisions during the encounter?
Suppose that you know for a fact, that the stop is unlawful, and he therefore has no right to seize the weapon, yet detains, frisks, and seizes your weapon (not saying it’s so, just taking supposition to the extreme for “academic” discussion). Then what will you do? How will this info matter to you in any way to you at that time?
You can play "What If', all day long, and understanding is good for what it's worth, but on the street, it is worthless, because there is not where it matters. And the person who will have some use for it is not you, but your lawyer.
Yes, I'm very familiar with "wash/rinse/repeat" and I'm willing to assert them. If I assert them and the officer seizes my firearm anyhow, do I have any recourse within the legal system?
That would be a question to ask your lawyer, since he would be the one representing you.
If you follow “WASH, RINSE, REPEAT”, then your questions are of no importance. Later, after the incident, they might have some meaning, but again, that would be for your lawyer, not you.
