Pulled over by Nebraska State Patrol

[2guns]

 I got stopped for missing front plate the screws had pulled out lost it who knows where, anyway I don't have a cc so I was oc with a .380 I keep it holstered between the seat and if I get pulled over it goes on the dash. I was on my way to work this particular morning NSP pulled me over I put the pistol on the dash and when the leo approached the car I informed him I had my pistol in the car he then asked for my cc card I informed him I was oc and did not have one. He then ask me if I would hand him the pistol while he checked my lic reg and ins. I said fine. After he returned he gave me a verbal warning. handed lic reg and ins back , then my pistol with the mag out and 2 loose bullets, and said they are not allowed to hand a loaded weapon back. He then informed me he ran a check to see if it was stolen any everything checked out, and I was on my way Pissed mind you that now my hand gun that was never tied to me in any way I'm sure they have a database and I would have never handed it over had I known he would do that. I will never make that mistake again I guess next time I will be late for work. I did call the state patrol to ***** that got me no where. thoughts?

[rudy]

While I don't know if there is a database or not, I don't think you have a choice to refuse surrendering your pistol to a LEO during official contact if ordered to do so.  As far as I know, most states (I don't know if NE is one) have a law that allows LEOs to disarm citizens during official contact for "officer safety" or some such.

[2guns]

I'm sure that is at their discresion because this is the first time in 20 years this has happened one other time the officer put the pistol on the roof of the car I was driving. I would say though they should not be able to search the serial # without a warrant. That is the part that upset me. They government does not need to know what I own when they start confiscation those will be the ones they go after first. If they don't know you have it, its hard to take it from you. Next time I will refuse and offer to exit the vehicle if they feel safer.

[sidearm1]

I know of a case like yours.  Trooper stopped the vehicle for speeding, weapon out in the open.  Trooper ran the serial number but transposed two numbers.  Weapon was returned to the owner.  Owner went on to kill 5 people in one of the most horrific bankrobberies in recent history.

You are probably lucky it was a state trooper and not an OPD officer.  "subject made furtive movement towards the seat, what appeared to be a firearm was seen in his right hand, Officer fired to prevent serious injury to self and others.  EOR"

And I think you can rest assured that the trooper did not put you in some type of data base where they will come in the middle of the night an confiscate your weapons.

If they really wanted to know who had weapons, a little leagal work, a lenient judge, a court order, and the fishing expedition is on.

[gsd]

i fail to see the problem? If they check the serial number to verify legality, no big deal. If you bought it legally you shouldn't be concerned.

[CitizenClark]

i fail to see the problem? If they check the serial number to verify legality, no big deal. If you bought it legally you shouldn't be concerned.

He is concerned about his firearm being listed in a government database somewhere as his.

[gsd]

I guess being former military I am on so many lists already that it doesn't bother me.

[Phantom]

i fail to see the problem? If they check the serial number to verify legality, no big deal. If you bought it legally you shouldn't be concerned.

Actually you should be glad it wasn't on the List I'm sure he was checking it against.
The national database of Stolen Firarms that is.   

Like Gsd I too am Ex Military and on lots of lists and
add being a Nebraska CCP holder to that long line of list too now.

Being ex-military and a CCP holder those lists have lots of Bio-data on me attached to them as well.
Guess that means My serial number has been registered by the goverment for 30 years now.

as for any guns ....only my FFL dealer knows for sure. 

 
 
 

[Bucket]

I'd be surprised if the serial number was recorded in any way.  Checking a serial number against a database is different than entering the serial number into the db and associating it with a specific individual.  Not to say it couldn't be done, but I doubt it.

I think the form 4473 is a bigger issue, but that's obviously another thread.

[2guns]

All interesting thoughts.  If you have ever bought a pistol in Lincoln you know you fill out a card that goes directly to the LPD with all your information. I would bet that if they ever pull your DL up that info comes up. My main point is that it is an illegal search of said person and merely exercising your rights is not proof of any wrong doing. And as far as moving my holstered pistol from the seat to the dash there is no way it would be noticed or I would leave it where it sit because it is still in the open ( its not like I'm field stripping my handgun and unloading the mag and putting them in a zip lock bag) sorry read that somewhere else and thought it was quite interesting. Im not trying to be an a$$ or anything I have open carried since I got out of high school and not once until last year had that ever happened.

[JTH]

I would bet that if they ever pull your DL up that info comes up.

Not as far as I have ever been told by anyone who works LE.

[bullit]

My main point is that it is an illegal search of said person and merely exercising your rights is not proof of any wrong doing.

Please clarify your comment.  What "illegal search" occurred?

[sidearm1]

taking possession of weapon, search on serial number, RRS 29-829.  Offense, operating motor vehicle without front license plate RRS 60-3,100.

[RobertH]

Not as far as I have ever been told by anyone who works LE.

about two years ago i was hit by a drunk driver late at night.  i had 1 beer, so i took the sobriety test.  of course i passed, but i had to wait 17 minutes before i could take it.  ok, long story short... guess what we talked about?  well, the officer in the front seat showed me what comes up in their computer.  only my CHP info, mailing address, name, etc came up, nothing about owning a pistol.  i filled one of those cards out once, but then i got my CHP.

[bullit]

There was no "search".  You notified him of it and of course he saw it.  Anything in plain view has already been determined by the courts to be subject to reasonable suspicion or probable cause.  Your "consent" occurred when you informed him of the firearm and obviously pointed it out......

about two years ago i was hit by a drunk driver late at night.  i had 1 beer, so i took the sobriety test.  of course i passed, but i had to wait 17 minutes before i could take it.  ok, long story short... guess what we talked about?  well, the officer in the front seat showed me what comes up in their computer.  only my CHP info, mailing address, name, etc came up, nothing about owning a pistol.  i filled one of those cards out once, but then i got my CHP.

I take it you were not carrying while imbibing .....

[RobertH]

I take it you were not carrying while imbibing .....

yes, not carrying... i just got off work and picked up my wife.  since, i work at an anti-gun place, so i can't even store it at work in my vehicle.

[bubba803]

You are probably lucky it was a state trooper and not an OPD officer.  "subject made furtive movement towards the seat, what appeared to be a firearm was seen in his right hand, Officer fired to prevent serious injury to self and others.  EOR"

I had an encounter with OPD while carrying last week.  Told him I was carrying and he said "Thanks, that's good to know".  With my job, I deal with OPD regularly and have found the vast majority of street officers to be very pro 2A and pro ccw.  YMMV.

[sidearm1]

The statement had nothing to do with whether OPD is 2A friendly or not.  Its about reaching down and grabbing something off of the seat and bringing it up into view during a traffic stop.  Makes all kind of police nervious. With the shooting and such going on in Omaha most Omaha Cops are probably on a higher alert then some others (while all should be aware, Omaha has it the worst)  If the advise that is given on this site is correct, hands on the steering wheel until Police arrive at door:  Officer I have a firearm right here on the seat, in view of where you are standing.  Then follow directions.  Reaching for something out of view, especially at night does make people get jumpy. A CHP would stop some of the furtive movements, because you don't have to touch the firearm until directed (after you advise the officer that you have a CHP and area carrying).

[JTH]

The statement had nothing to do with whether OPD is 2A friendly or not.  Its about reaching down and grabbing something off of the seat and bringing it up into view during a traffic stop.  Makes all kind of police nervious. With the shooting and such going on in Omaha most Omaha Cops are probably on a higher alert then some others (while all should be aware, Omaha has it the worst)  If the advise that is given on this site is correct, hands on the steering wheel until Police arrive at door:  Officer I have a firearm right here on the seat, in view of where you are standing.  Then follow directions.  Reaching for something out of view, especially at night does make people get jumpy. A CHP would stop some of the furtive movements, because you don't have to touch the firearm until directed (after you advise the officer that you have a CHP and area carrying).

I'm thinking that this isn't really a problem---considering the officer doesn't stop you and run up to your door.  As such, taking the firearm and moving it completely into plain sight and then having your hands away from it can easily be done before the officer gets there.

Note:  I'm not saying I would suggest doing this.  I am just saying that IF you do this, I don't forsee anything resembling an issue (regarding "furtive movement") if the gun is in plain sight and away from your hands before the officer gets out of his car, and you direct the officer's attention to it without hand movement when he gets to your car.

I also note that the phrase "would stop some of the furtive movements" is incorrect in that hand movement by itself is not automatically "furtive".  That term has a specific LE use, and requires certain conditions to be used.  ("Hand motion" is not sufficient.)

[sidearm1]

from SJWSTI and others on handling weapons during traffic stop:

Why in the world would you complicate a regular traffic stop by handling your weapon? How is an LEO supposed to know that you are unloading and disassembling your gun? Having a weapon in your hand during a traffic stop, whatever your intention might be, could get you shot. Thats obviously not good for you, and its also not good for the LEO that you put in that position.


First traffic stop while carrying tonight

« Reply #29 on: February 21, 2013, 09:18:19 PM »

Quote (selected)


Quote from: Gary on February 20, 2013, 05:56:35 PM

I can break a Glock down with one hand in the dark.  The Glock is in bits on the dash in a zip lock bag before my tires touch the shoulder.

After talking to a couple LEO's I know today (one in CB other in Omaha) can I ask that you do NOT do this if stopped in the metro? The reactions I got were not good. The CBPD said you would be "peeing in the fountain of my good natured discretion" heh, his words.  The OPD said if he saw someone breaking down a weapon as he pulled them over they would not leave the stop with that weapon. It leads him to believe the weapon was not concealed and that you may have been flashing it as you drive down the street. "Cute moves like that deserve a teachable moment to help the learning curve" 



Cops are people, some good, some bad, but doing something which could possibly antagonize them doesn't help any of us. SFG said in his class we have to set the best example while exercising our rights.  I think he's right.



I can appreciate your perspective Gary, and I'm glad it's worked out for you. However, there is absolutely no way I'm handling my firearm without being instructed to do so by the officer if/when I am pulled over. Then again, I don't make it a habit to do anything that would get me pulled over in the first place. My wife tells me I drive like an old man...lol