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  • N4sir

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    Aug 13, 2010
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    The other night at dinner with friends the topic of a traffic stop came up.

    You get pulled over for a minor traffic infraction or like one of my instances, a brake tag check. Whether you have a permit or just legally carrying in your vehicle you're pulled over and the police officer approaches your window, do you tell them you have a weapon in your car/truck? One guy said he was cuffed at the scene while the officer conducted the situation of the traffic stop after finding out he was carrying. Another guy said he was told in a CHP/CCW class by the instructor to not say anything about the weapon.
    Me, I have been stopped either for minor traffic infraction or brake tag stops by NOPD, JP and LA State Police and I always informed them that I had a weapon in my car or truck. Once the pistol was taken from me until the stop was completed and two other times was told to just remain calm and make no sudden moves toward the weapon. The last two didn't even ask to see it.

    What would or do you do and what if you have taken a class were you told as to how to handle this type of situation?

    I say cooperation is important in this type of interaction with law enforcement without being a complete idiot over the stop.​
     

    RaleighReloader

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    Jan 30, 2015
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    From page 8 of the "LOUISIANA CONCEALED HANDGUN PERMIT LAWS AND ADMINISTRATIVE RULES" booklet:

    "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. Whenever a law enforcement officer is made aware that an individual is carrying a concealed handgun and the law enforcement officer has reasonable grounds to believe that the individual is under the influence of either alcohol or a controlled dangerous substance, the law enforcement officer may take temporary possession of the handgun and request submission of the individual to a department certified chemical test for determination of the chemical status of the individual. Whenever a law enforcement officer is made aware that an individual is behaving in a criminally negligent manner as defined under the provisions of this Section, or is negligent in the carrying of a concealed handgun as provided for in R.S. 40:1382, the law enforcement officer may seize the handgun, until adjudication by a judge, if the individual is issued a summons or arrested under the provisions of R.S. 40:1382. Failure by the permittee to comply with the provisions of this Paragraph shall result in a six-month automatic suspension of the permit."

    Mike
     

    Blue Diamond

    sportsman
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    10   0   0
    Apr 12, 2014
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    The other night at dinner with friends the topic of a traffic stop came up.

    You get pulled over for a minor traffic infraction or like one of my instances, a brake tag check. Whether you have a permit or just legally carrying in your vehicle you're pulled over and the police officer approaches your window, do you tell them you have a weapon in your car/truck? One guy said he was cuffed at the scene while the officer conducted the situation of the traffic stop after finding out he was carrying. Another guy said he was told in a CHP/CCW class by the instructor to not say anything about the weapon.
    Me, I have been stopped either for minor traffic infraction or brake tag stops by NOPD, JP and LA State Police and I always informed them that I had a weapon in my car or truck. Once the pistol was taken from me until the stop was completed and two other times was told to just remain calm and make no sudden moves toward the weapon. The last two didn't even ask to see it.

    What would or do you do and what if you have taken a class were you told as to how to handle this type of situation?

    I say cooperation is important in this type of interaction with law enforcement without being a complete idiot over the stop.​

    You hand the officer your drivers license and carry permit at the same time. They will tell you how they want to handle it.
     

    Gator 45/70

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    The other night at dinner with friends the topic of a traffic stop came up.

    You get pulled over for a minor traffic infraction or like one of my instances, a brake tag check. Whether you have a permit or just legally carrying in your vehicle you're pulled over and the police officer approaches your window, do you tell them you have a weapon in your car/truck? One guy said he was cuffed at the scene while the officer conducted the situation of the traffic stop after finding out he was carrying. Another guy said he was told in a CHP/CCW class by the instructor to not say anything about the weapon.
    Me, I have been stopped either for minor traffic infraction or brake tag stops by NOPD, JP and LA State Police and I always informed them that I had a weapon in my car or truck. Once the pistol was taken from me until the stop was completed and two other times was told to just remain calm and make no sudden moves toward the weapon. The last two didn't even ask to see it.

    What would or do you do and what if you have taken a class were you told as to how to handle this type of situation?

    I say cooperation is important in this type of interaction with law enforcement without being a complete idiot over the stop.​

    I can see right now your going to be pepper sprayed,tased and cuffed if not beaten over the head by a LEO,Then thrown in the holding tank where you meet your new friend ''Bubba''
     

    N4sir

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    26   0   0
    Aug 13, 2010
    2,507
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    Metairie, LA
    I can see right now your going to be pepper sprayed,tased and cuffed if not beaten over the head by a LEO,Then thrown in the holding tank where you meet your new friend ''Bubba''

    You'll most likely be cuffed to the bed in a hospital for not cooperating.
    What is your thought process?
     

    lesgeaux

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    30   0   0
    Oct 18, 2009
    549
    43
    Marrero, LA
    My take on the rule is that if your handgun is not On you, (and for me if the handgun is not within reaching distance and Unloaded) or is in trunk or otherwise put away, I don't believe I am obligated to say anything. This scenario would be same as any Louisianan traveling and stoped for Traffic purpose. They do not have to explain about anything they may have in the car as an extension of their home.
     

    lane

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    Apr 19, 2017
    54
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    zachary, la.
    My take on the rule is that if your handgun is not On you, (and for me if the handgun is not within reaching distance and Unloaded) or is in trunk or otherwise put away, I don't believe I am obligated to say anything. This scenario would be same as any Louisianan traveling and stoped for Traffic purpose. They do not have to explain about anything they may have in the car as an extension of their home.

    What he said
     

    Magdump

    Don’t troll me bro!
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    Dec 31, 2013
    9,396
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    Hammond, Louisiana
    Lots of variables to consider, but I’d try to find my first opportunity to inform the LEO ‘I keep a gun in my vehicle’.
    If I’m asked to exit my vehicle, which is usually the case, at some point during the information, investigation or interrogation, whichever winds up being the case, I try to casually throw it out there. I’ve only had one cop, a small town youngster he was, to think twice about it when it’s in the car out of reach and out of sight. He stopped me for 7mph over the posted town limit which was on the main highway coming into town before I reached the sign, kinda jumped the gun. Anyway, he gets out the car fumbling with his ticket book and told me the news. I didn’t argue, but told him I had a handgun on the seat.... and so you see, it’s all about the timing. As soon as I said it he held out one hand as if to keep me at a distance and used the other hand to key up his mic and ask for assist. I stood there and watched his older partner run out to his unit (Town Hall was 1/4 mile up the road) and he was there in a flash, they side stepped me and exchanged mumbles, older cop asked me where the handgun was and if it was loaded. I chuckled, told him on the seat and yes sir.
    He opened the passenger door, saw the weapon, shut the door and said, ‘ok’.
    The teen cop did the puppy dog head tilt thing and the older cop had to explain that it was legal to have the pistol.
    Kid said, *ok* and they both mounted up and drove away. Kid was so thrown he forgot to write me for the make believe infraction. Saved me a day in court.
    Yup, it’s all about the timing.
     
    Last edited:

    XD-GEM

    XD-GEM
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    Jun 8, 2008
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    Properly maintain your vehicle; get your annual safety inspection; and don't drive like an ass. This is the best way to avoid the situation almost entirely.

    I say "almost" because if you are in a wreck, the issue will come up.

    I was involved in a fatal wreck that was completely the fault of the other driver being half-drunk and high on cocaine. When the first LEO arrived and asked for my ID, I handed it to him and said, "Just to make sure we cross all our t's and dot all our i's - under Louisiana Title 40, section 1379.3, I am required to infirm you that I hold a Louisiana Concealed Handgun Permit. Although the weapon is not on my person, it is in my vehicle. How would you like to proceed?"

    He smiled and said, Leave it alone and we're good."

    And that was that.
     

    thperez1972

    ESSAYONS
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    Dec 28, 2015
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    My take on the rule is that if your handgun is not On you, (and for me if the handgun is not within reaching distance and Unloaded) or is in trunk or otherwise put away, I don't believe I am obligated to say anything. This scenario would be same as any Louisianan traveling and stoped for Traffic purpose. They do not have to explain about anything they may have in the car as an extension of their home.

    I have stopped a number of people who have a firearm in their vehicle. There is no set way each and every cop will handle every situation. Personally, what I do depends on a number of factors. If it's a minor violation, they let me know there is a weapon in the car, and they have a pleasant attitude, it's very possible I will make sure they have their "papers please" and send them on their way with a warning. On the other hand, there are situations where the driver may be pulled out and separated from the weapon and/or the weapon temporarily cleared and held during the stop. If I stop someone and see a weapon within reach or in a place out of reach where it could have been tossed at some point during the traffic stop and the driver did not mention the weapon, it's very likely the tempo and tone of the traffic stop will immediately change. The tempo will slow down. I will likely have nothing in my right hand and that hand will be close to my right him. I will stop conversing with the driver and will start giving lawful orders for the driver to perform small, deliberate actions such as "place your hands on the steering wheel now."

    I've been stopped in my personal car before. My actions are what I would want to see if I were the cop pulling someone over. By the time the cop gets to my car, all the windows are rolled down and my hands are on the steering wheel. One of the first pieces of information I provide the cop is the fact I have a weapon in the vehicle.

    If you (or anyone) feels obligated to not alert the cop you have a weapon in the vehicle, just understand you may be influencing the events and outcome of the traffic stop.

    A side note about attitude during a traffic stop. Traffic laws are designed to create a safe driving experience for everyone. If someone has a good attitude, it appears they understand they violated one of those laws and they recognize they were in the wrong. A bad attitude suggests they feel their actions were justified. If I feel you recognize you did something wrong, I can say you are less likely to repeat the violation. So police contact may be enough to keep the action from happening again. If someone feels their actions were justified, they are more likely going to be given the opportunity to explain their reasons to the city attorney and/or judge in traffic court. And if they threaten to make a complaint, they're getting a ticket so I can explain why I pulled them over.

    As far as the last aspect of your post, please search the forum. We've recently discussed that issue and I'd like to keep that debate relegated to that thread.
     

    Vermiform

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    I have stopped a number of people who have a firearm in their vehicle. There is no set way each and every cop will handle every situation. Personally, what I do depends on a number of factors. If it's a minor violation, they let me know there is a weapon in the car, and they have a pleasant attitude, it's very possible I will make sure they have their "papers please" and send them on their way with a warning. On the other hand, there are situations where the driver may be pulled out and separated from the weapon and/or the weapon temporarily cleared and held during the stop. If I stop someone and see a weapon within reach or in a place out of reach where it could have been tossed at some point during the traffic stop and the driver did not mention the weapon, it's very likely the tempo and tone of the traffic stop will immediately change. The tempo will slow down. I will likely have nothing in my right hand and that hand will be close to my right him. I will stop conversing with the driver and will start giving lawful orders for the driver to perform small, deliberate actions such as "place your hands on the steering wheel now."

    I've been stopped in my personal car before. My actions are what I would want to see if I were the cop pulling someone over. By the time the cop gets to my car, all the windows are rolled down and my hands are on the steering wheel. One of the first pieces of information I provide the cop is the fact I have a weapon in the vehicle.

    If you (or anyone) feels obligated to not alert the cop you have a weapon in the vehicle, just understand you may be influencing the events and outcome of the traffic stop.

    A side note about attitude during a traffic stop. Traffic laws are designed to create a safe driving experience for everyone. If someone has a good attitude, it appears they understand they violated one of those laws and they recognize they were in the wrong. A bad attitude suggests they feel their actions were justified. If I feel you recognize you did something wrong, I can say you are less likely to repeat the violation. So police contact may be enough to keep the action from happening again. If someone feels their actions were justified, they are more likely going to be given the opportunity to explain their reasons to the city attorney and/or judge in traffic court. And if they threaten to make a complaint, they're getting a ticket so I can explain why I pulled them over.

    As far as the last aspect of your post, please search the forum. We've recently discussed that issue and I'd like to keep that debate relegated to that thread.

    With the introduction of cruiser cams and body cams, do you feel you have less discretion these days on whether to give a verbal warning, written warning, or ticket? I ask because I've heard some complaints about it, as in having less discretion to give a warning, etc.
     

    340six

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    I simply refuse to tell them who I am and hand them a card that says

    The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile, is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit of happiness."
     

    thperez1972

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    I simply refuse to tell them who I am and hand them a card that says

    The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile, is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit of happiness."

    Translated into copspeak, that card says "my window is broken and will not roll down so please open it with your baton."
     

    thperez1972

    ESSAYONS
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    With the introduction of cruiser cams and body cams, do you feel you have less discretion these days on whether to give a verbal warning, written warning, or ticket? I ask because I've heard some complaints about it, as in having less discretion to give a warning, etc.

    I've never had an issue with body cams or dash cams. Before them, all traffic stops and their dispositions were noted on a trip sheet and were called in to the dispatcher. If I pulled over 4 people one night and wrote 1 ticket, I was either pulling people over for no reason or I was using discretion. The cams give the substance of the stop. Depending on the size of the department and the amount of video, the supervisors may or may not have the time to review it all. Sure, there are random spot checks and targeted reviews but I've never had an issue because I always tried to be consistent with using discretion, i.e., a warning in lieu of a ticket. But I can see where the technology might be used by the department to "standardize" policing. I know cops who would give tickets in situation where I'd give a warning or vice-versa. So should someone getting a ticket depend on who stopped them? Yes and no. I'd be justified writing a ticket to everyone I pull over because everyone I pull over has broken a traffic law. So anything less than a ticket is in the driver's favor but not guaranteed. So one guy getting a ticket when someone else gets a warning is not unfair. The first guy is getting what he deserved based on his actions.

    Body cams are a funny thing. The ACLU pushed for it at first as a tool for transparency and accountability. When more and more footage started being released showing the behavior of the public toward the police, they seemed to backpedal and talk about the public's privacy. Some cops I know detest the things. Most have become to accept it as a new aspect of doing their job.
     

    Danny Abear

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    I simply refuse to tell them who I am and hand them a card that says

    The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile, is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit of happiness."

    I'm sure you have a you tube video of how that went down, huh?
     

    MOTOR51

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    Mossad Ayoob approved. Lulz.


    That video proves my point. His Tactics when removing the guy with a firearm from the vehicle is just bad. Also, some officers remove the driver from the vehicle on every stop, it’s his discretion. If you listen to what Ayoob said, now the driver is panicking because he is being asked to step out of the vehicle.


    Sent from my iPhone using Tapatalk Pro
     

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