< Back to the Main Site

Author Topic: Surrender your handgun in a traffic stop?  (Read 3234 times)

Offline rluening

  • NFOA Full Member
  • **
  • Join Date: Dec 2008
  • Posts: 123
Re: Surrender your handgun in a traffic stop?
« Reply #20 on: October 05, 2010, 10:10:48 PM »
  I could just see the three of us, cuffed and stuffed with a whole layout of guns on the hood of the cruiser while he called them in to check the stamps!!


I'm pretty sure he doesn't get to do that. BATF and IRS can demand to see a stamped Form 4, but local law enforcement doesn't have that power or a way to check that they are legit. On the other hand, showing a copy of the Form 4 will make things a lot easier....

/rl

Offline Famous556

  • Lead Benefactor
  • **
  • Join Date: May 2009
  • Location: Close enough to Omaha for the convenience, far enough away to avoid the draconian laws
  • Posts: 137
Re: Surrender your handgun in a traffic stop?
« Reply #21 on: October 06, 2010, 12:11:00 AM »

Famous566
So, it is your policy to secure it no matter what? The law says that you should only secure the weapon if it will interfere with the safety of people present. Just because a person has a gun does not immediately mean things are not safe. I would think that you may be overstepping your authority if you secure every gun just because you can.

I should clarify what I meant here DaveB.  Be careful how you read into my post as you will notice I did NOT say that I will disarm everyone... I was simply stating our policy in the event that someone was disarmed.  I believe that there are many circumstances in which someone would not need to be disarmed. Do keep in mind however, that if you're headed to the hospital with no family on scene before you leave, securing your weapon with a LEO may be the only option seeing as how you will be in violation of law as soon as we walk through those ER doors.  

I should have been more clear with my post, but rest assured I'm not in the business of preventing others from enjoying the same rights that I do just because of some silly law that was written in vague language. :)
« Last Edit: October 06, 2010, 12:15:22 AM by Famous556 »
Human life and limb preservation specialist

Offline DaveB

  • NFOA Full Member
  • **
  • Join Date: Dec 2009
  • Posts: 462
  • Future lottery winner!
Re: Surrender your handgun in a traffic stop?
« Reply #22 on: October 06, 2010, 12:23:41 AM »
I was hoping that is what you meant. I also think it would be better for all involved that any injury requiring a trip to the ER should have the gun secured. I did read it as it was your policy to secure a gun for any reason. I also think that if the injured person is coherent enough to let you know he has a gun, he is not a threat to anyone there.

I just have a problem with trusting anyone I don't know, and a lot of people I do know. A simple serial number error on a hand written receipt could cost you your gun at a later date.

The laws are purposely written the way they are so that you never know where you stand until one guy in a robe tells you how he interpreted it.

Offline Famous556

  • Lead Benefactor
  • **
  • Join Date: May 2009
  • Location: Close enough to Omaha for the convenience, far enough away to avoid the draconian laws
  • Posts: 137
Re: Surrender your handgun in a traffic stop?
« Reply #23 on: October 06, 2010, 11:55:52 PM »
I definetly agree with your last statement, funny how the law is sometimes, but it's certainly open to some interpretation by a judge.  You are also correct that an issue with the reciept could cause problems, but I hope that something like that could be sorted out without getting a judge involved, but you never know.  Truth be told I've yet to transport a patient that has had a concealed weapon on their person.  There are just not that many of us in the state.  I was simply informing on our policy should we encounter it. 

It brings up an interesting discussion, what happens if we are transporting a person to the trauma center after a bad accident where they are unconscious and as we assess for injuries we find a firearm on them?  This is what I was answering when I said, call ahead to dispatch, secure firearm in unit until you reach the hospital and can secure it to a LEO.
Human life and limb preservation specialist

Offline DaveB

  • NFOA Full Member
  • **
  • Join Date: Dec 2009
  • Posts: 462
  • Future lottery winner!
Re: Surrender your handgun in a traffic stop?
« Reply #24 on: October 07, 2010, 09:06:26 AM »
I would think it would be best to not secure the weapon unless you have good knowlege of guns. Someone that does not know anything about them could make things worse than they are by just leaving it be. I would like to see them call ahead and have someone there to properly secure the gun. But, some people just don't know that guns don't just shoot by themselves.