Pulled over by 3 Motorcycle officers while carrying a loaded weapon!

[Joe_Rocket]

Hi Gang,

 

Well... there I was (30 minutes ago) cruising down the freeway on my Motorcycle when all of a sudden I notice a motorcyclist next to me. I look at him because he is MIGHTY close and I see it is a DPS officer and he waves me over.

 

I carefully pull over as quickly as safely possible (and in the interim notice there are THREE DPS motorcyclists behind me <grin>. I'm only doing 75 so I know this isn't too bad since I was going with the flow of traffic.

 

I stop, sitting on the shoulder as far to the right of the right hand breakdown lane as I possibly can. I remove my helmet and immediately place my hands on the dash of my motorcycle, palms down in front of me.

 

The officer comes up:

 

Officer: "Can I see your license and registration"?

 

Joe: "Officer, I'm carrying a loaded pistol in my right front pocket, and my driver's license and CCW license are in my left front pocket "

 

Officer: You have a loaded gun in your right front pocket?

 

Joe: Yes sir

 

Officer: Is there a round in the chamber?

 

Joe: Yes sir

 

Officer: Thank you for telling me. You have a loaded gun in your right front pocket and your driver's license is in your left front pocket?

 

Joe: Yes sir

 

Officer: Put your kickstand down and carefully step off the bike... keep your hands away from your pockets and in plain sight.

 

Joe: (Steps off motorcycle)

 

Officer: Place your hands on your tank bag.

 

Joe: (places hands on tank bag)

 

Officer: I'm going to reach into your right front pocket and take the weapon.

 

Joe: Be careful not to pull the trigger... I like my junk just the way it is.

 

Officer: (laughs)

 

Officer: (Digging into my right front pocket)... damn! This is in there tight... and you aren't even wearing tight jeans

 

Joe: (laughs)

 

Officer: (Digs around for another 45 seconds before finally extracting the pistol from my pocket) That was more difficult than I expected!

 

Joe: (laughs) Ya... god forbid I ever have to draw it quickly!

 

Officer: Pull the holder out of your pocket... there isn't another weapon is there?

 

Joe: No (pulls out the holder and the spare magazine

 

Officer: Thank you for telling me right away... you'd be surprised how many people either don't say anything or they tell us AFTER we ask what the bulge is in their shirt or pocket.

 

Joe: (Sucking up big time) I figure your job is difficult enough without heart stopping surprises... besides; I really like my life

 

Officer: (laughs) We're not against carrying a gun or anything, but we don't like surprises.

 

Joe: Ya... If I remember correctly, it was the DPS who authorized my CCW (laughs)

 

Officer: (walks back to his buddies carrying my gun (pointed down, finger OFF triger), my holster, and the spare magazine

 

Joe: (now standing in the freaking hot sun alone)

 

Officer: (walking back to me) Can I have your license, insurance and registration? You have no other weapons, correct?

 

Joe: I don't have any other weapons (pulls out my wallet SLOWLY and hands it to the officer).

 

Officer: Thank you. (walks back to the other two officers).

 

Joe: (still standing in the hot sun)

 

Officer: (walking back to me) Nice Motorcycle! We're getting these this month! (All three officers and myself are on BMW motorcycles... theirs is the older RT1150 and mine is the newer RT1200.) How do you like it?

 

Joe: I LOVE IT!!! I've had it 3 years and it is an amazingly responsive motorcycle. You'll really like it when yours comes in.

 

Officer: We've not test rode any yet, but we have 16 coming in this month.

 

Joe: Will you get one?

 

Officer: No... they go by seniority

 

Joe: Yuk. I suppose that's fair though.

 

Officer: We turn these over pretty quickly so it won't be too long.

 

Joe: Make sure they come with all the options! (laugh)

 

Officer: We'll get heated seats.

 

Joe: Make sure you get active suspension and cruise control

 

Officer: (laughs) I'm not sure if we'll get the high end options... I hope so!

 

Joe: Mind if I take a look at your bike?

 

Officer: Sure! Go ahead (and he starts looking over my bike as I walk back to his).

 

I look over his motorcycle, he looks over mine and then walks back to his buddies... in a moment, he comes back.

 

Officer: Thanks again for pointing out the fact that you were carrying. I've just written you a warning since you weren't going much faster than 75. Please be careful and watch your speed. (he hands me back my license, registration, and insurance while another officer actually sticks my weapon back in my pocket. I touch nothing)

 

Joe: (laughs) Thanks officer! This is the first warning I've received!

 

Officer: (laughs) So... you get alot of tickets?

 

Joe: (laughs) No... this is the first ANYTHING I've received on the motorcycle

 

Officer: (laughs) Have a great day and drive safe.

 

Joe: You too... and be careful.

 

Officer: Thanks!

 

I drive off with a big smile... I know beyond a shadow of a doubt:

 

1. They appreciated how I handled carrying

 

2. They gave me a warning instead of a ticket BECAUSE of how I handled the situation.

 

All I have to say is... I'd recommend EVERYONE who carries show the same respect I did... you never know, it may save you a ticket.

 

Also... these guys were just regular people that were as nice as could be... I really enjoyed the banter and exchange and EVEN if I had been issued a citation; I still would have appreciated how they handled things.

 

Joe

[russell_bynum]

What you reported should be common sense, but I'm amazed at uncommon common sense really is.

 

FWIW, I behave the exact same way when I'm pulled over here in Cali (nobody except for criminals and other politicians can carry here). I go WAY out of my way to make sure they understand that they are in control of the situation and the very last thing I want to do is suprise them in any way, shape, or form.

 

So far so good....seven years of riding like an *sshole and only one ticket. <knocks on wood>

[ericfoerster]

Well that just can't be. I mean this whole ticket thing is about revenue. If they let you go they didn't make any money ??????

 

(heavily layered in sarcasm)

 

Seriously, I'm glad the interaction proceeded as such and it sounded like a job well done

[Whip]

You mean if I would've had a gun with me I could've got a warning.

 

Whip

[Highway41]

He didn't ask for your concealed weapons permit or is one required there?

Reminded me of when I was stopped for speeding and handed the HPO my concealed weapons permit instead of my license. He said "I don't need this one right now".

Bill

[zbassman]

You handled it exactly right. Whenever I've been pulled over I always give the officer the respect he deserves and do exactly what he tells me to.

 

I'll never understand the people who try to argue first. If the officer says to put your hands on the car, put your freaking hands on the car. Don't argue the point, don't say you weren't doing anything.

 

I've gotten away with several verbal warnings and I'm convinces its because I pull over right away, try to pull over some place safe, turn off the engine, leave my hands on the dash and await instructions. If my insurance is in the glove box, I tell the LEO that before reaching for it. Likewise, if my wallett is in my front pocket, I tell 'em before making a move.

 

They deserve the respect and I don't want to get shot!

 

LEOs have a tough, dangerous, and vital job. They don't get nearly the respect they deserve and too often get tainted by the few bad apples in the group.

[Lawman]

Reminded me of when I was stopped for speeding and handed the HPO my concealed weapons permit instead of my license.

 

That doesn't bother me. It's when they hand me their concealed weapon that makes me a little nervous..

[kcscout]

Great story. Did he have any insight as to when they'd free Paris Hilton? I know, different State, but perhaps he had heard something from the CHP?

[Dr_J]

I live in Ill half of the time and Az the other half. I got a Fla conceal and carry permit from Mo. I couldn't get a Mo permit cause i am not a Mo resident and the Fla permit applied in more States. Go Figure.

 

The class was given by St Louis Co cops. They said to do the same thing when stopped with minor differences. They said to say "I have a lawfully registered concealed 'weapon'–what would you like for me to do" They also recc'ed putting your hands palm up on the steering wheel or the tank of your bike.

 

They said "gun" is a word that is yelled when things go bad and there is a tendancy to draw their own weapons when they hear it. Like you, I appreciate what they do and my ballistic jacket doesn't need any more ventilation holes.

 

Dr J

[Fugu]

I've never had a cop disarm me during a traffic stop.

 

I can't say I'd appreciate it one bit. Leave the gun in its holster and it is safest. Take it out and start screwing with it (or god forbid unloading it "for my safety") and the risk of a negligent discharge starts going up rapidly.

 

I have to report I'm carrying in UT. In OR I had the option of keeping my mouth shut. I'm in no hurry to find out if UT cops like to disarm people during traffic stops.

[Agent86]

Although if you have a gun and a radar detector you might get a ticket for going 66 in a 65. Don't ask me how I know.

[E30TECH]

Great story. Did he have any insight as to when they'd free Paris Hilton? I know, different State, but perhaps he had heard something from the CHP?

[Eschelon1]

"You can get more with a gun and a kind word, than you can with a kind word alone"

 

Unknown

 

[swilson]

All I have to say is... I'd recommend EVERYONE who carries show the same respect I did... you never know, it may save you a ticket.

 

Carrying or not that is good advice. I've given warnings many times based upon how I was treated during the stop.

 

The opposite is also true though. Back when I was in patrol I wrote VERY few tickets. Most stops I made for poor driving I planned to just give a warning and get back to whatever I was doing... It never ceased to amaze me how people could talk themselves right into a ticket. Incredible.

[TNT]

Nice work, Joe!

[drzep]

I'm noticing that all these posts are from west of the Mississippi. What's going on out there?

[Fugu]

I'm noticing that all these posts are from west of the Mississippi. What's going on out there?

 

Nothing. And we want to keep it that way.

[Bud]

I'm noticing that all these posts are from west of the Mississippi. What's going on out there?

 

Nothing. And we want to keep it that way.

 

I don't care where you are from, that's just funny.

[johnlt]

A related question. If you have a CCW but were NOT carring, do you think it is appropriate to tell the LEO that you have a CCW but arn't armed because it will probably show up on their name check when they call you in. I'd appreciate any LEO's comments on this also.

 

johnlt

[smiller]

If you have a CCW but were NOT carring, do you think it is appropriate to tell the LEO that you have a CCW but arn't armed because it will probably show up on their name check when they call you in.

It's appropriate in Texas because you must do so by law. And yes, the fact that you are a CHL holder will come back when they run your license (in Texas at least.)

[swilson]

A related question. If you have a CCW but were NOT carring, do you think it is appropriate to tell the LEO that you have a CCW but arn't armed because it will probably show up on their name check when they call you in. I'd appreciate any LEO's comments on this also.

 

johnlt

 

I've got nothin' for ya. I live/work in the Bay Area. No one around here gets CCWs. ...unless you've got mega bucks... or so I've heard.

 

Anyway, I've yet to stop someone who had a CCW. Rare as hen's teeth around here.

[lawnchairboy]

this is also the law in north carolina...

[PhillyFlash]

Anyway, I've yet to stop someone who had a CCW. Rare as hen's teeth around here.

 

No CCW does not mean they're not carrying. In AZ, a CCW is not difficult to obtain. Once you have it, there's no reason to conceal that fact, or the fact that you're carrying, from the police. Keeps everything right up front.

[Fugu]

No CCW does not mean they're not carrying.

 

Which is part of why I find the practice of disarming an honest citizen with a clean record who's willing to jump through the government hoops to get a CHL during a traffic stop just silly.

 

Worry about the guy who doesn't have a CHL. (I realize traffic stops are dangerous and the cops have to worry about everybody because they are in a vulnerable spot especially since many locations only have one cop per car now.)

 

Once you have it, there's no reason to conceal that fact, or the fact that you're carrying, from the police. Keeps everything right up front.

 

Maybe.

 

Of all the times I've been pulled over or interacted in some other way with a police officer (in my old line of work, I spent quite a bit of time at accident scenes where there were cops around) there have been several times where it would have been ill advised for me to tell a cop at a scene that I was armed, and there has been one time where I was pulled over and did not let the officer know that I was carrying a firearm.

 

That guy was having a horrible day apparently. He was abrasive, he was hurried, and he was scowling. I kept my hands on the wheel and my mouth shut and took the citation. I believe that had I told him I was armed he would have reacted poorly, and since in that state I had no duty to do so, I didn't.

 

Then I wrote a letter to the judge and got the infraction and points reduced. Arguing with the officer in his state would have ended poorly as well... Sometimes you pick your battles.

[Fugu]

If you have a CCW but were NOT carring, do you think it is appropriate to tell the LEO that you have a CCW but arn't armed because it will probably show up on their name check when they call you in.

It's appropriate in Texas because you must do so by law. And yes, the fact that you are a CHL holder will come back when they run your license (in Texas at least.)

 

SMiller, can you cite a reference for this?

 

I did some checking and it appears that you are required to notify the officer only if you are armed.

 

http://www.tcht.net/tchlaws0102.pdf

GC §411.205. DISPLAYING LICENSE; PENALTY. (a) If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the

department and the license holder's handgun license. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.

(b) A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (a) after previously having had the person's license suspended for a violation of that subsection. An offense under this subsection is a Class B

misdemeanor.

 

Is there another section that applies that I missed?

[Lawman]

 

Which is part of why I find the practice of disarming an honest citizen with a clean record who's willing to jump through the government hoops to get a CHL during a traffic stop just silly.

 

 

 

 

Agreed. I have never disarmed a license holder on a traffic stop and in fact I take comfort in knowing he has the license..To me disarming hiim/her makes as much sense as the government requiring commercial airline pilots to go through the metal detector before piloting their flight..

[smiller]

I did some checking and it appears that you are required to notify the officer only if you are armed.

Yes, by the letter of the law it would appear that you are correct. I'll have to point that out to the instructor at the next renewal class...

 

Another interesting note... in Texas you can carry a concealed firearm in your vehicle even without a CHL under the 'Peaceable Journey' section. So, those who are licensed have to notify a LEO of their possession of an CHL and the presence of a firearm if one is in the vehicle, but those who are not licensed do not!

 

From Packing.org:

 

Car/Gun law summary

 

See Peaceable Journey Section.

 

§46.15 NONAPPLICABILITY.

 

(a) Sections 46.02 and § 46.03 do not apply to: (3) People traveling;

 

§46.15 (i)

 

(i) For purposes of Subsection (b)(3), a person is presumed to be traveling if the person is:

(1) in a private motor vehicle;

(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(3) not otherwise prohibited by law from possessing a firearm;

(4) not a member of a criminal street gang, as defined by Section 71.01; and

(5) not carrying a handgun in plain view.

 

Admin note:

 

Anyone who can legally possess a firearm, and is traveling, can carry it inside a motor vehicle. The firearm can be loaded and must be concealed. If it is in view it is a violation of the law. Law becomes effective 9/1/05.

[Woodie]

Rare as hen's teeth around here.

 

Not uncommon around here. Perhaps because *all* handgun permits are "concealed permits" (so as not to scare people!).

 

I've never been stopped while carrying...and I no longer go to (or work in!) areas where I feel there's a benefit to carrying. I generally felt more comfortable with a (boot) knife and concealed vest anyway.

 

I still remember the time a patient, IN the Emergency Dept after a car accident, was still carrying. The X-ray tech who "discovered" it on the x-ray was a little "perturbed".

[Fugu]

I no longer go to (or work in!) areas where I feel there's a benefit to carrying.

 

If I was going somewhere that I thought I'd need a gun, I wouldn't go there.

 

You don't generally get to pick where something will happen.

 

The X-ray tech who "discovered" it on the x-ray was a little "perturbed".

 

That could have been very bad if it was an MRI.

 

There's a documented case of a pistol being pulled out of a holster and upon striking the side of the MRI tube firing. The magnetic pull apparently moved the internal safety mechanism out of the way so that when the hammer hit the hard surface there was nothing to block it.

[WestTX RT]

I did some checking and it appears that you are required to notify the officer only if you are armed.

I've made it a policy to hand my CHL and license, carrying or not, and if I'm carrying advise of the location of the firearm. It's going to raise suspicion if they run the DL and the CHL shows up and you didn't tell them. I've never had an issue yet.