Handing my weapon to LEO(?)

[PPBart]

My concealed carry permit requires that in any "official interaction" with a LEO I must advise the officer that I have a permit and am carrying a weapon, and surrender my weapon to the officer if he requests. Since getting my permit I have not had any "official interaction" with a LEO, so I've not yet had to hand over my pistol.

When such a situation does occur, just how should I do it? I've been trained for years to never pass a firearm to another person or accept a firearm from another person, until the cylinder or action is open and I've personally checked that the weapon is completely unloaded. So my question here is would the LEO expect me to drop the magazine from my semiauto, eject the chambered round, secure the slide back before handing the pistol over? Or open the cylinder and eject the rounds from my revolver?

 

[Heavy Metal 1]

Best to just ask the officer. He may not necesarily want you to touch it at all, rather just keep your hands where he can see them.

 

[Glenn Dee]

Learn the manual of arms for the handgun you have. As the previous poster gave you the best advice possible IMO... Ask the Officer how he wants the gun... If he wants the gun. I'd bet that more often than not the cop will thank you for informing him, and tell you to just leave it where it is. If the interaction with the Officer is confrontational, I would advise that you dont touch the gun... Inform him of the location and place your hands on top of your head... Then follow instructions.

Having carried a handgun for many many years, and confronting carriers in an official capacity I would never touch my firearm while under the gun of an officer. You can let the officer know you wont touch your gun as long as he has his pointed at you.

 

[Uncle Buck]

Heavy Metal gave a really good answer.

The few times I have been stopped with a gun in the car and asked about it, The only time an officer seemed concerned was when it was in the glove box with the registration and insurance papers.

He asked me to step out of the car and then asked permission to retrieve and secure the gun.

I would think if I asked you to pass the gun to me, and you had put to hands on it, it would get me a little jumpy. Most people, myself included, can not open a cylinder or drop a magazine with one hand, unless the gun is held in a proper way.

 

[Aguila Blanca]

You didn't relate the law exactly as it is written:

LRS 40:1379.3

§1379.3. Statewide Permits for Concealed Handguns; Application Procedures; Definitions

(2) A permittee armed with a handgun in accordance with this Section shall notify any police officer who approaches the permittee in an official manner or with an identified official purpose that he has a weapon on his person, submit to a pat down, and allow the officer to temporarily disarm him. ...

The law does not say that you must "surrender" your handgun, nor does it state that you must hand it to the officer. The law says that you must allow the officer to disarm you.

This means it is up to the officer's option. If he wants to disarm you, he will tell you so and instruct you how to proceed. If he doesn't choose to disarm you, the law does not require him to do so.

 

[PPBart]

You didn't relate the law exactly as it is written:
...
The law does not say that you must "surrender" your handgun, nor does it state that you must hand it to the officer. The law says that you must allow the officer to disarm you.

Granted I didn't quote the exact language, but I would consider "allow the officer to disarm" as being effectively the same as surrendering my weapon. Anyway, my interest is not in debating language, just in getting info on how the LEO might want to receive the weapon. Best advice seems to be "just ask the officer" -- thanks Heavy Metal 1.

 

[buck460XVR]

Uncle Buck sums up what a LEO friend told me he does.......

The few times I have been stopped with a gun in the car and asked about it, The only time an officer seemed concerned was when it was in the glove box with the registration and insurance papers.

He asked me to step out of the car and then asked permission to retrieve and secure the gun.

....if the firearm is on the person, he asks the person to step out of the vehicle, keeping their hands where he can see them. He then has them put the gun with one hand on the vehicle and step away.

 

[stephen426]

Never touch or attempt to retrieve your firearm when you have been stopped by a police office. That is a good way to get shot. I have been pulled over several times with a gun in the car. This is what I do:

1. Turn on interior light (if it at night)
2. Roll down the windows
3. Place my hands on the window sills
4. Announce that I have a loaded weapon in the vehicle (or on my person)
5. Wait for instructions.

I have had officers remove the weapon from the glove box (and from my person). I have had officers tell me to leave it where it is. I have NEVER had an officer ask me to hand them my weapon, much less unload it.

 

[MadeinAmerica13]

Stephen makes a good point. It is a general rule to never retrieve your firearm while in the company of law enforcement.

I've never heard nor experienced a law enforcement officer asking a person to retrieve their own firearm to disarm themselves. So, I'd say the chance that will happen is slim to none.

Simply inform the officer that you have a firearm on your person, keeping your hands clear of the firearm. If the officer chooses to disarm you, he will do it himself.

 

[Aguila Blanca]

Granted I didn't quote the exact language, but I would consider "allow the officer to disarm" as being effectively the same as surrendering my weapon. Anyway, my interest is not in debating language, just in getting info on how the LEO might want to receive the weapon. Best advice seems to be "just ask the officer" -- thanks Heavy Metal 1.

I am also not interested in debating language, which is why I pointed out that you changed from the language in the law in your opening post. "Allow the officer to disarm" does not leave any opening for you to do anything other than stand there and "allow" the officer to take the weapon from you. The title of your post was about "handing" your firearm to the officer.

Most likely, if the officer chooses to disarm you there won't be any need for you to ask him anything -- he'll tell you what he's going to do and what he wants you to do.

 

[fasteddie565]

I have been disarmed by a MO State Trooper. Missouri does not have a MUST inform clause, its MUST inform if asked.

I was asked if I was armed and answered that I was and where the weapon was holstered. He asked did I mind if he disarmed me. I said of course not. He asked me to put my hands on the car, pulled the pistol from the holster and set it on my front seat. He then asked me to sit in the front seat of his car. he gave me a warning and that was that. I re-holstered and went on my way.

 

[rtpzwms]

I got stopped years ago with a boat load of pistols on the front seat. All of them in gun rugs but there must have been 7 or 8 pistols on the seat and more than a few rifles in the back of the wagon. I rolled down the windows stuck my hands to the outside of the car and yelled back to the officer that I had some weapons in the car. I also made it clear that we were going to do it his way.

At that point he unsnapped his sidearm and approached slowly. He got to me and asked if I knew why he has stopped me and I indicated that it had something to do with my speed. He informed me that I was correct, thanked me for warning him about the firearms. Then asked if they were all unloaded, I assured him they were. He told me to slow down and have a nice day! He never asked for my license or insurance.

I'm sure he went back to his car looking for a change of uniform. This happened in California believe it or not.

 

[mavracer]

By all means ask the officer, he doesn't know you from adam, so comunication both physical and verbal will put him at ease.

 

[oneounceload]

By all means ask the officer, he doesn't know you from adam, so comunication both physical and verbal will put him at ease.

Why would you if not legally required?

 

[Aguila Blanca]

Why would you if not legally required?

I agree completely. I've read and heard too many horror stories of police officers who don't know the manual of arms for any handgun other than their own duty weapon committing egregious transgressions of basic firearms safety rules while attempting to disarm subjects of traffic stops. If the law doesn't require you to inform, why invite problems?

However, the OP has the misfortune of living in one of those states that does require you to inform.

 

[mete]

Are you going to trust the officer to handle your gun safely ? Does he know how to operate all the types of handguns ? One experience is brought to mind - at an IPSC match the RO said 'drop the hammer ' ! I said 'it doesn't have a hammer ' [ HK P7 ] .He said 'drop it anyway' !!! obviosly he knew only about 1911 types !
Let him see the gun , in holster, but try to disuade him from touching it !Let him see your permit. Fortunately in NY you don't have to announce.

 

[Mr. James]

What Aquila Blanca and mete said. Thankfully, Virginia is not a "must notify" state. I don't. My weapon is safest in its holster.

mete, HK P7 Hilarious.

 

[Aguila Blanca]

One experience is brought to mind - at an IPSC match the RO said 'drop the hammer ' ! I said 'it doesn't have a hammer ' [ HK P7 ] .He said 'drop it anyway' !!! obviosly he knew only about 1911 types !

I guess for future matches at that venue you should carry a 1911 hammer in your pocket. When he says, "Drop the hammer," you pull the hammer out of your pocket and drop it on the ground.

"Happy now?"

 

[Edward429451]

I had a similar thing happen to me. I got pulled over and had my 1911 on the seat beside me and it was in a thumbreak holster cond 1. The young guys had me step out away from it and the younger couldn't resist retrieving the gun and coming back around the back of the truck and it was evident that he was about to unload it and had no clue. He rolled it over a couple times in his hand and I finally said sir that thing is fully loaded and if you are unfamiliar with how it operates, perhaps we'd all be safer if you just left it in the holster. (holding my breath that he wouldn't take offense).

He didn't take offense and took it to the far corner of my truck and said don't retrieve it until we are gone. I liked that guy, young and listened to reason. Older officers never get in a tizzy. They can read me that I am peaceful I think.

 

[WVsig]

What Aquila Blanca and mete said. Thankfully, Virginia is not a "must notify" state. I don't. My weapon is safest in its holster.

mete, HK P7 Hilarious.

In VA they officer will know you have permit as soon as he runs your lic. It is part of your DL file which they pull once they have your lic.

Often in VA if you do not disclose but give them your lic the first thing they will ask upon return is are you armed.