General Categories > General Firearm Discussion
Surrender your handgun in a traffic stop?
SemperFiGuy:
It's Right There in 021.01:
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.
sfg
Famous556:
--- Quote from: 20nickels on October 01, 2010, 08:56:40 AM ---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?
--- End quote ---
I believe that paragraph is speaking specifically about if you are transfered by EMS to the hospital (a prohibited place). Our policy on my department is to secure the weapon by giving it to a LEO on scene or if we find it later in the ambulance to secure it in the unit and advise dispatch to have an officer meet us at the hospital so we may give it to them at that point in time.
DaveB:
--- Quote from: Famous556 on October 03, 2010, 04:16:31 PM ---
--- Quote from: 20nickels on October 01, 2010, 08:56:40 AM ---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?
--- End quote ---
I believe that paragraph is speaking specifically about if you are transfered by EMS to the hospital (a prohibited place). Our policy on my department is to secure the weapon by giving it to a LEO on scene or if we find it later in the ambulance to secure it in the unit and advise dispatch to have an officer meet us at the hospital so we may give it to them at that point in time.
--- End quote ---
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.
MikeF72:
--- Quote from: DaveB on October 03, 2010, 06:47:04 PM ---
--- Quote from: Famous556 on October 03, 2010, 04:16:31 PM ---
--- Quote from: 20nickels on October 01, 2010, 08:56:40 AM ---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?
--- End quote ---
I believe that paragraph is speaking specifically about if you are transfered by EMS to the hospital (a prohibited place). Our policy on my department is to secure the weapon by giving it to a LEO on scene or if we find it later in the ambulance to secure it in the unit and advise dispatch to have an officer meet us at the hospital so we may give it to them at that point in time.
--- End quote ---
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.
--- End quote ---
Dave - At that point it appears Para 021.03 of Title 272 would kick in:
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.
If you're in the back of an ambulance as a patient headed for a medical facility the medical personnel would have no choice but to secure the weapon since if you held onto it once you reached the medical facility you would be in violation of State law if you retained it since they are specifically prohibited.
MikeF72:
Upon further thought on this subject, if I was a law enforcement officer and I came upon an accident scene and one of the parties involved in the accident had a weapon I think I'd secure it as well until it was determined the individual could safely handle the weapon. Even if the person "seems" o.k. at the time you don't know if there's been any head trauma, shock, alcohol involved, drug use, etc. Once the person has been "cleared" I'd return their weapon to them. I'm just trying to put myself in the officer's shoes - and looking out for my own safety, and the safety of the weapon owner, if I was a cop.
Navigation
[0] Message Index
[#] Next page
[*] Previous page
Go to full version