General Categories > General Firearm Discussion

Surrender your handgun in a traffic stop?

(1/5) > >>

20nickels:
Surrender your handgun in a traffic stop?

Some of you have voiced that this has happened in NE. and surrounding states.  This has taken me off guard as I've never heard of it.  Furthermore I'm not sure I would unless law required it..  Does anybody know the law on this? 

DaveB:
TITLE 272, NEBRASKA ADMINISTRATIVE CODE, CHAPTER 21
NEBRASKA STATE PATROL
Concealed Handgun Permits



021 PROCEDURES FOR PEACE OFFICERS AND EMERGENCY SERVICE
PERSONNEL ENCOUNTERING A HANDGUN

021.01 Peace officers or emergency services personnel may determine whether it is
necessary to secure the handgun for the safety of any person present,
including the peace officer or emergency service personnel, and may order the
permit holder to secure or surrender the handgun.

021.02 The handgun shall be returned to the permit holder before the contact is ended
if the peace officer or the emergency service personnel determine that there is
no threat to anyone?s safety and that the permit holder is physically and
mentally capable of possessing the handgun.

021.03 If emergency services personnel determine that the permit holder is not
capable of possessing the handgun or if the permit holder is transported to
another location for treatment, the handgun shall be turned over to a peace
officer as soon as it is feasible to do so. The peace officer shall provide the
permit holder with a receipt for the handgun which included the make, model,
caliber, and serial number of the handgun.

20nickels:
Sure as crap.. it's there!  I knew about them securing it during an emergency of course but just didn't recall or imagine them using (abusing?) the privilege for a routine traffic stop.  The story from Iowa where the officer handed it back to the permit holder completely stripped down and unloaded is just ridiculous.

Regarding "021.03" from the previous post;
So it's only emergency services personnel (EMT's?) not peace officers that can determine the permit holders capability to further possess his handgun?

A-FIXER:
I think the "grey area matter is " peace officers is the clincher on that matter, yup its the way of the world in some of the officers eyes where they have to think on their feet.

Ronvandyn:
If I remember correctly from my CHP class EMT's qualify as someone that you must both advise about your CHP and surrender to if requested.  Of course at the end of the encounter they are required to return it to you as long as there is no reason to retain it or arrest you.

Ron

Navigation

[0] Message Index

[#] Next page