First time being "disarmed" during a traffic stop

[MechAg94]

I have never been disarmed but I did get stopped once by a pair of officers. They didn't take my gun, but did ask me to get out and see where I had it. I was wearing a belly band with a little Kahr pistol. I think they were surprised I was carrying in just a T-shirt and shorts. They made me wait a few minutes and then gave me a warning. It ended well enough and they weren't rude about it.

[AlaskanInTexas]

My opinion: Tex. Gov't Code Sec. 411.207 - the right of an officer to disarm - applies to firearms but not magazines. I would have told him that I would appreciate him not searching through my car for magazines.

[ScooterSissy]

Yeah, doesn't seem so unreasonable to me. It's a bad idea to have necessary papers or ID in the same place you've got a gun. I've never had an officer express any concern about the gun on my hip but I'd expect to be disarmed if I had to reach for something in the same place I kept a gun.

So how do they handle you reaching for your wallet with a gun on your hip?

Once when I was stopped, I identified myself as a CHL holder, and said I was armed. The policeman asked me where the gun was, and I told him on my right hip. He said "just keep your hands away from it", then I told him that's right next to my wallet with my licences. He looked a little confused for a couple of seconds and said "OK, just don't make any sudden moves".

Part of me bristles at the "you be real careful now" attitude when police stop folks, but then I think back to a video I saw where a guy had three police standing next to him, with his hands in his pockets (just barely). One of the policeman casually told him to take his hands out of his pockets, so he did; bringing out a gun and shooting the speaking cop in the chest (he lived, had a vest), and the policeman behind him (who died), and then running off as the third shot at him as he fled (and missed).

It happened so fast, it was unbelievable. I've not been able to find the video, but it made an impression on me. As someone else has stated, those guys get a lot of leeway in my slack meter.

[cb1000rider]

Once when I was stopped, I identified myself as a CHL holder, and said I was armed. The policeman asked me where the gun was, and I told him on my right hip. He said "just keep your hands away from it", then I told him that's right next to my wallet with my licences. He looked a little confused for a couple of seconds and said "OK, just don't make any sudden moves".

I always ask for "permission" to reach for the wallet if I'm sitting on it. Sometimes that's appreciated. Sometimes it's met with substantially increased suspicion.

I haven't run into this particular situation (yet), but I'm sure I will. My plan is to refuse to handle the firearm or wallet, but indicate I'm 100% compliant, but concerned about my own safety.. They're welcome to take it in way they'd like, but I'm not going to reach for it, even if asked for.

Seems to me:
1) A handled firearm is far more dangerous than an unhandled firearm.
2) If it's not in my hands it's very hard to mistake my intent. Once it's in my hands, it really doesn't matter what my intent is - any action is justified.

[joelamosobadiah]

Sounds like an interesting fourth amendment issue. Did he ask your permission, or just told you that's the way it was going to be?

I'm pro law enforcement and wouldn't have said or done anything different. But, just for giggles - what if another driver or passenger of the vehicle had left a baggie of illicit substances in your console, or something like an unlabeled pill bottle?

No, he didn't really ask for my permission. More told me what was going on and gave that half-approving look while already starting to walk around. They do have the right to disarm, not sure how that intersects with laws on search.

[VMI77]

Yeah, doesn't seem so unreasonable to me. It's a bad idea to have necessary papers or ID in the same place you've got a gun. I've never had an officer express any concern about the gun on my hip but I'd expect to be disarmed if I had to reach for something in the same place I kept a gun.

So how do they handle you reaching for your wallet with a gun on your hip?

It's not an issue for me because I don't carry ID in my wallet. If my wallet is lost or stolen I prefer to have retained my ID (it's in a neck wallet). Also, I have my ID in hand and both hands on the steering wheel by the time the officer gets to my car (light on inside too if it's dark out). If I was asked for insurance I'd have to reach into the glove box for it, at the officer's direction, but there won't be a gun in there. However, I can't even remember the last time I was asked for my insurance card.

If for some reason I had to reach for my wallet I expect it would be like others commenting have said. Wallet, left hip rear, gun right hip side. I'd be reaching for my wallet with my left hand, right hand on the steering wheel, after getting the go ahead from the officer. I don't take my hands off the steering wheel unless directed by the officer. I have no interest in causing alarm and getting shot.

BTW, I've never said "I'm armed." I just hand over my DL and CHL. About half the time the officer just hands it back and doesn't even mention it. The other half of the time he asks where I have the gun. I say on my right hip and that's the last it is mentioned. I've never been asked to disarm. I wouldn't be offended if asked to disarm but I would be a little concerned about the potential for an accident or misunderstanding due to handling the gun, so I'd ask exactly how he wanted me to remove the gun and what he wanted me to do with it.

[TexasCajun]

Yeah, doesn't seem so unreasonable to me. It's a bad idea to have necessary papers or ID in the same place you've got a gun. I've never had an officer express any concern about the gun on my hip but I'd expect to be disarmed if I had to reach for something in the same place I kept a gun.

So how do they handle you reaching for your wallet with a gun on your hip?

Gun is carried behind right hip. Wallet with DL & CHL is in left front pocket. Insurance is on the visor. Hands on the wheel when officer approaches. Let officer know where ID & insurance are. Move when the officer says it's ok.

[C-dub]

First, insurance card or paper in the vehicle is not a good idea. If your vehicle is stolen, so is the insurance paper. I always keep it in my wallet near my DL and CHL.

Second, when carrying, my wallet is not near my gun. Well, as much as as can't be on my person. Gun on right hip and wallet in left breast pocket. This way it is easy to get to when asked for anything and also when paying for stuff without having to slip my hand under my cover shirt, possibly exposing my "underwear."

[OldCurlyWolf]

First, insurance card or paper in the vehicle is not a good idea. If your vehicle is stolen, so is the insurance paper. I always keep it in my wallet near my DL and CHL.

Second, when carrying, my wallet is not near my gun. Well, as much as as can't be on my person. Gun on right hip and wallet in left breast pocket. This way it is easy to get to when asked for anything and also when paying for stuff without having to slip my hand under my cover shirt, possibly exposing my "underwear."

I do it quite similarly.

Weapon on right hip or smob or tucked in a handy spot in my vehicle. DL, CHL & insurance together in a small wallet in my left shirt pocket. Money and other things on left side.

[NTexCopRetired]

"When I told him yes he asked I remain seated and not move while he retrieved the firearm. He went around the vehicle to the passenger side door, retrieved the firearm from the center console, asked if I had the magazines, then proceeded to dig through console for both magazines"

The officer needs to be trained on procedure when he is concerned about the presence of a weapon. As he was walking around the vehicle and opening the passenger door, you could have had a weapon staring him in the face as he leaned in. If the other officer was a training officer, I hope he corrected this move. If the first officer was that concerned, he should have removed you from the vehicle first, then retrieved the weapon while the first officer was with you. Not a good tactical move.