General Categories > General Firearm Discussion

Surrender your handgun in a traffic stop?

<< < (3/5) > >>

DaveB:
I agree that if someone is already in the ambulance, or obviously headed to the hospital, the weapon should be secured. But to secure it (by an EMT) just because it is there seems to be a little on the paranoid side since if it is a person with a permit. What makes the EMT determine that the gun should be secured? Famous556 says they automatically secure it. I do understand securing guns in a lot of cases such as these, but to make it a policy to secure a gun from someone that just has a few scratches doesn't make a lot of sense.

Since the laws are so vague, it does make it easy to understand what they are actually saying. That also plays in the favor of the badge carrying people, giving them the authority to remove your rights.

I do have a problem with a cop taking a gun for just a routine stop, especially if the permit holder informs the cop of the gun and permit. Lincoln and Omaha are perfect examples if the stories posted here are true. A law abiding citizen would probably have to spend a lot of money to get his property back. As far as alcohol and drugs, there are more problems than just having a gun. There are two cases when it better be taken.


I just see it as a possible violation of rights, and there is nothing you can do about it. Once they say you had to have your gun taken and secured, no matter what the reason, you may lose your permit and right to own a gun. Going to court to get it back will automatically put you on the defensive side making you out to be the criminal that lost your gun.

I know I put too much thought into this, but I will still wait to see how some cases play out.

sjwsti:

--- Quote from: DaveB on October 03, 2010, 09:30:35 PM ---I agree that if someone is already in the ambulance, or obviously headed to the hospital, the weapon should be secured. But to secure it (by an EMT) just because it is there seems to be a little on the paranoid side since if it is a person with a permit. What makes the EMT determine that the gun should be secured? Famous556 says they automatically secure it. I do understand securing guns in a lot of cases such as these, but to make it a policy to secure a gun from someone that just has a few scratches doesn't make a lot of sense.

 

--- End quote ---

Note the generous use of the word "may" in the language. The EMTs have discretion on securing the weapon untill it is decided that the person will be transported to the ER. OFDs policy is that no guns are to be transported in the Ambulance. It will be given to Law Enforcement or will be held at the scene by the remaining Firefighters untill LE can respond and secure it. If you are unconscious and we find it enroute it will be taken by Security at the ER and given to LE there.

I can only speak for myself, but I would feel no need to secure a persons firearm that suffered only minor injuries and I knew was going to refuse transport. Unless I suspected the person was under the influence of alchohol or drugs or may be suffering from a medical condition that would effect their judgement. For example diabetic issues or seizure disorders.

But you have to realize that there are Medics that have zero firearms knowlege or experience. And if they feel the weapon needs to be secured throughout the duration of contact , as the law is written, they can do so.

Im not sure I see why the temporary securing of the weapon is such a big deal anyway. As long as you havent commited a crime or are not transported to a Hospital it is immediately returned.   

FarmerRick:
I think members may be concerned with OPD in particular taking possession of their weapon, even if it supposed to be temporary. 
They have a habit of making it VERY difficult to get a weapon back from them, from what I have heard.

20nickels:
  In a traffic stop there appears to be little or no determining factor as to why LEO can secure a weapon or weapon's.  If the officer feels that you are angry about the ticket you just recieved is that justifiable grounds for keeping your firearm? 
I'm not trying to bag on cops here.  I don't see the average LEO doing this, but some LEO's are... well, not average as we have experienced.  It may just be a matter of time before this happen's.

sjwsti:
 Has there been an actual incident were a LE didn?t return the weapon at the termination of contact with a CCW holder ? One who was not arrested or found to be committing an offense that would result in the revocation of his/her permit? If so I think we would all like to hear the details.

Navigation

[0] Message Index

[#] Next page

[*] Previous page