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Author Topic: First traffic stop while carrying tonight  (Read 6548 times)

Offline cckyle

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First traffic stop while carrying tonight
« on: February 20, 2013, 02:52:46 AM »
I was stopped at 0140 for no license plate on the front of my vehicle. It had fallen off when I bumped into a parking pole thing a short while back and I have had it in the front window since.  It went well. I informed him I was a chp holder and was armed. He asked me where it was I told him the glove box. Asked me if I had one in the pipe I said yes.  He then asked for my id and let me fumble through the glove box with the firearm in it to get my insurance and registration.  He left the firearm with me and just asked that I keep my hands on the wheel and not lean over.  Gave me a fix it ticket and then thanked me for my conduct regarding the firearm and said I did exactly what I was suppose too.  This was a Fremont police officer.  Couldn't have gone better imo

Offline Gary

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Re: First traffic stop while carrying tonight
« Reply #1 on: February 20, 2013, 04:27:50 AM »
Glad all went well. :)  Before he hit the lights, the officer knew you were a CCW holder because of DMV records.  The plate was his way of pulling you over to see if you were compliant.  Had you not told him you had a CCW permit, your first stop could have been your last one.  For those here reading this thread, Nebraska law requires you to tell any contacting police officer, or rescue worker, you have a CCW permit, even if you do not have a gun on you.  Failing to do so, is a felony.

In times past, while I have had a gun and get stopped, I always break down my Glock, and remove all the ammo from the mag.  I then distribute the "mess" across my dash, so the officer can see I am no threat to them.

In the future, with a CCW, I may still do the same.  Started the license process today,  2.5  hour wait at the State Patrol. We got there about 2:30 and it was almost 5 when we got out.  45 business days is more like 2.5 months, so around April 23rd, is our date.

Remember, a gun in your glove box is OK as long as you are alone in your car.  With passengers, everyone needs a CCW permit because under the law, everyone is concealing the gun, even people that do not know you have a gun. 

With passengers, best to keep your gun on your body.
« Last Edit: February 20, 2013, 04:34:18 AM by Gary »

Offline sidearm1

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Re: First traffic stop while carrying tonight
« Reply #2 on: February 20, 2013, 06:43:37 AM »
Gary:

Your interpretation does not match what I have been told by instructors and LEOs.  If you are not carrying a handgun you do not need to tell them you have a CHP.

019.02 A permit holder carrying a concealed handgun who is officially contacted by any peace officer or emergency services personnel must immediately inform the peace officer or emergency service personnel of the concealed handgun unless physically unable to do so.

Most LEOs said it would be nice if you told them you had a CHP and were not carrying any firearm, but the rule above states "carrying a concealed handgun" not "anytime you are officially contacted".

Offline bullit

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Re: First traffic stop while carrying tonight
« Reply #3 on: February 20, 2013, 06:45:34 AM »
Before he hit the lights, the officer knew you were a CCW holder because of DMV records.

Gary you would be wrong on the above comment....a Nebraska CHP is in no way tied to your ones license plate.  It is associated with your Driver's License/State ID card. It is also incorrect in that not INFORMING the LEO you are a permit holder is a felony....it is a Class III misdemeanor first offense and Class I misdemeanor for any second or subsequent with your permit subject to revocation.   028.02

As an instructor my advice to future and current CHP holders is simply comply with the officer's commands i.e. don't make any sudden or furtive movements before he/she gets to your car door.  You may get more than you bargain for pulling your firearm, disassembling hurridly (sp?), etc.  .... just my humble two cents.....
« Last Edit: February 20, 2013, 06:57:10 AM by bullit »

Offline gsd

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Re: First traffic stop while carrying tonight
« Reply #4 on: February 20, 2013, 07:21:03 AM »
I'm with bullit on this one. i take it one step further however, by turning on the interior light and rolling all windows down. Yeah, it can get chilly, but at least they know for certain you are the only occupant in the vehicle.
It is highly likely the above post may offend you. I'm fine with that.

Offline Lorimor

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Re: First traffic stop while carrying tonight
« Reply #5 on: February 20, 2013, 08:02:46 AM »
Gary you would be wrong on the above comment....a Nebraska CHP is in no way tied to your ones license plate.  It is associated with your Driver's License/State ID card. It is also incorrect in that not INFORMING the LEO you are a permit holder is a felony....it is a Class III misdemeanor first offense and Class I misdemeanor for any second or subsequent with your permit subject to revocation.   028.02

As an instructor my advice to future and current CHP holders is simply comply with the officer's commands i.e. don't make any sudden or furtive movements before he/she gets to your car door.  You may get more than you bargain for pulling your firearm, disassembling hurridly (sp?), etc.  .... just my humble two cents.....

Don't say nuthin' 'bout Texas either.  :)
"It is better to avoid than to run; better to run than to de-escalate; better to de-escalate than to fight; better to fight than to die. The very essence of self-defense is a thin list of things that might get you out alive when you are already screwed." – Rory Miller

Offline cckyle

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Re: First traffic stop while carrying tonight
« Reply #6 on: February 20, 2013, 08:30:48 AM »
I forgot to mention...drivers side window was down and interior dome lights were on.  If you are a CHP holder and are not armed, you do not have to declare that you are CHP holder.  However I hear it is the courteous thing to do and most likely would do so if I was ever stopped unarmed (which will most likely never happen).  I'm not sure if this officer knew when he was walking up to my window that I was a CHP holder.  I get the feeling that he did not know, as he did not even turn his spot light on and didn't bother shining a flashlight in when he walked up.  Maybe that was because I had my dome lights though.  If he ran my plates (which are registered to me), then looked me up he could have known that I was a CHP holder ahead of time.  But again I got the sense that he hadn't done that and was unaware.  It was a pretty short time from when I pulled over until he was out the car and at my window. 

I would not be caught disassembling a firearm as an officer walks up to my window.  I would much rather have my hands on the wheel in plain sight as I tell him/her I am a CHP holder and am armed.  That's what they taught in my class, and if I was an LEO I might feel a little uneasy if I walked up to a vehicle on a stop and the driver had a slide and frame in his or her hands. 

This officer let me fumble through the glove box looking for my registration/proof of insurance with a loaded glock in that glove box.  So either he knew he had a quicker draw than me, or my actions made the officer feel as though I was in no way a threat to him.  I think it was the ladder of the two, and probably the first as well. 

Offline bullit

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Re: First traffic stop while carrying tonight
« Reply #7 on: February 20, 2013, 08:52:12 AM »
f you are a CHP holder and are not armed, you do not have to declare that you are CHP holder.  However I hear it is the courteous thing to do and most likely would do so if I was ever stopped unarmed (which will most likely never happen).  I'm not sure if this officer knew when he was walking up to my window that I was a CHP holder.  I get the feeling that he did not know, as he did not even turn his spot light on and didn't bother shining a flashlight in when he walked up.  Maybe that was because I had my dome lights though.  If he ran my plates (which are registered to me), then looked me up he could have known that I was a CHP holder ahead of time. 

I think you handled it well.  I would ALWAYS advise even if not carrying to inform them.  It can't hurt and will make them feel better about you instead of when they come back after running your DL and seeing that you have a CHP...again just MY opinion.  Again, there is NO connection with your license plates (personal or otherwise) related to your CHP.  In short, he would not know until running your DL, you informing him, etc. etc.   

Offline Phantom

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Re: First traffic stop while carrying tonight
« Reply #8 on: February 20, 2013, 09:29:38 AM »
Gary you would be wrong on the above comment....a Nebraska CHP is in no way tied to your ones license plate.  It is associated with your Driver's License/State ID card. It is also incorrect in that not INFORMING the LEO you are a permit holder is a felony....it is a Class III misdemeanor first offense and Class I misdemeanor for any second or subsequent with your permit subject to revocation.   028.02

The instructor I had was/is an Omaha Police officer
He told us when ever your Driver's License/State ID card is run by an officer (at least in the state) it flashes their computer screen some how.
I didn't get to ask if it did so when they ran the License plate or if it was just the Driver's License or State ID card that flashed it.

But I'd say it's a better practice to inform the Officer you have it regardless of if your carrying or not.
Could be it will save you from getting your Car tossed just to see if not telling them for some reason.
Or maybe they saw you were out drinking and want to check you out to see if your complying or not.

That brings up a thought I had ....You can't carry concealed if your drinking.... but putting your carry into a locked box is still concealing it.

So you need also to unload it too so you in compliance with the law.... right ?   

I was kinda wondering if the wife would be questioned about any guns if she got pulled over driving my car or not if I wasn't in it.

Now i have all kinds of weird scenario's that just keep running through my mind since i took my class.

The Strangest Part was when I did my range qualification part of the class ...
It hit me Like when I first Joined the Army all those years ago.

I had to decide once again If I could kill someone else if needed.
And I'd tell anyone else thinking about gettin a CCP/CCW permit make no mistake if you ever have to pull and use your weapon it will be a Shoot to Kill situation.

It's one of those Sobering cold sweat type moments that i hope everyone goes through before deciding to carry outside the home. 


Enough for me my heads starting to hurt thinking about it.

 

Phantom
« Last Edit: February 20, 2013, 09:32:33 AM by Phantom »
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Offline LM4202

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Re: First traffic stop while carrying tonight
« Reply #9 on: February 20, 2013, 10:09:53 AM »
The instructor I had was/is an Omaha Police officer
He told us when ever your Driver's License/State ID card is run by an officer (at least in the state) it flashes their computer screen some how.
I didn't get to ask if it did so when they ran the License plate or if it was just the Driver's License or State ID card that flashed it.

When an Officer runs data check on the plate, only the registration information comes up.  When he does a data check on your DL, then the CHP permit status shows.  The reason that your CHP permit is not tied to your license plate is that other people could be driving your vehicle, like your spouse or children.  Which begs the question about other states tying CCW permit information to the license plates.  Suppose you let your wife, or other relative drive your vehicle, and you are in a "must inform" state, and the LEO runs the plate, and it flashes that its tied to a CCW permit holder, so the LEO approaches the window expecting the driver to declare a firearm, but your wife or other person that you let your vehicle doesn't have one?  Then it needs to get sorted out.

Offline bullit

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Re: First traffic stop while carrying tonight
« Reply #10 on: February 20, 2013, 10:29:54 AM »
I am curious where some of you have the idea that your CHP is tied to your license plate, especially in another state.... does not compute....being from TX, CHP not tied to a license plate.  A brother I have in OK confirms the same there

I was kinda wondering if the wife would be questioned about any guns if she got pulled over driving my car or not if I wasn't in it.

Why would she be questioned?  In fact, she is not obliged to answer should she be questioned without reasonable articulable suspicion or probable cause.  I suppose if she were stopped said and informed the officer there was a concealed HG in the car and she did not have a CHP, things might become interesting for her....but again why would she?

Offline sjwsti

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Re: First traffic stop while carrying tonight
« Reply #11 on: February 20, 2013, 11:07:52 AM »
In times past, while I have had a gun and get stopped, I always break down my Glock, and remove all the ammo from the mag.  I then distribute the "mess" across my dash, so the officer can see I am no threat to them.

In the future, with a CCW, I may still do the same.

If someone told you this was a good idea, they were wrong. If this is something you came up with on your own forget it. This is not only completely unnecessary but dangerous.

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.

I dont want to sound harsh, but didnt you recently complete a CCW course? Posting that you would even consider doing this may say something about the Instructor and their course. Or it may be that you simply didnt pay attention and have your own ideas about such matters (Im sure every Instructor on here has dealt with students that would fall into the category of "in one ear, out the other")

Dont take this personally. I just dont want to read about any CCW holder being mistakenly shot by LE because they were misinformed on how to act when stopped.


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Offline UPCrawfish

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Re: First traffic stop while carrying tonight
« Reply #12 on: February 20, 2013, 11:32:36 AM »
I too have been stopped in Fremont, while I had firearms in the car... :) 
This is how it went...(pre-CHP)   I was Northbound over the rail overpass about 700am on a Saturday morning. The speed limit drops to 25 MPH at top of bridge.  I backed off gas but did not brake quick enough for the patrolman shooting radar from the school parking lot.  He pulls out behind me with lights on and I turn onto a cross street to clear the main traffic flow.  Window on truck comes down and hands are on the wheel when he walks up.  First question after greetings was...  "Do you have any firearms on you or in the vehicle?"  I smiled - replied "Yes sir, I do.."  He stepped back away from the open window and asked what / where...   "Well sir, I have 5 shotguns and 10 rifles with ammunition in my truck headed for a Boy Scout camp out and shooting program..."  He looked in, saw what I had and asked for licence / registration...   I smiled again..  "Sir, I have to get out of the car to unpack the front passenger seat to get to the glove box.."    He lets me out and I dig down to the glove box while he stands by the passenger side.  Looks over the items, has a few more questions and then we get to talking about scout camp and how he had gone there for a few years when he was in a troop in Fremont.  "Suggestion" to watch the speed limit in Fremont and have a safe, fun campout.......     
And away we go.....................  ;D

Offline 00BUCK

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Re: First traffic stop while carrying tonight
« Reply #13 on: February 20, 2013, 01:02:18 PM »
Before he hit the lights, the officer knew you were a CCW holder because of DMV records.
Not true. CHP is tied to your driver's license not your vehicle registration.

Offline NE Bull

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Re: First traffic stop while carrying tonight
« Reply #14 on: February 20, 2013, 03:57:27 PM »
Maybe I'm just new-fashioned, but what is all this talk about the 'wife' driving your car and having to worry about YOUR CHP status or YOUR gun in the lock box.  Shouldn't she be more worried about declaring HER CHP status and the location of HER firearm?
β€œIt is not an issue of being afraid, It's an issue of not being afraid to protect myself.”
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Offline Gary

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Re: First traffic stop while carrying tonight
« Reply #15 on: February 20, 2013, 04:07:42 PM »
Me, wrong? It has happened before.  Not often, but it has happened.

The first time I was wrong, dates way back.  I was about 5 or 6. My mother was remodeling our home, and I bet a neighbor kid two bucks, a 2 x 4 was a large nail with a head on it.  Well, turns out, a 16 penny nail was a closer description, and he won the bet. 

In our class, last weekend, our instructor told us the permit must be declared, even if you are not carrying a handgun.   Possible, I misunderstood, or he taught me the wrong thing.  I will look further into this.

Offline 00BUCK

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Re: First traffic stop while carrying tonight
« Reply #16 on: February 20, 2013, 04:14:37 PM »
Maybe I'm just new-fashioned, but what is all this talk about the 'wife' driving your car and having to worry about YOUR CHP status or YOUR gun in the lock box.  Shouldn't she be more worried about declaring HER CHP status and the location of HER firearm?
The concern is that if you have a handgun in the glove box, or center console then it is accessible to all occupants. And if the cop wants to be a jerk (yeah, I know - would NEVER happen) he/she could easily charge your spouse, or other passengers with carrying concealed without a permit - if they don't have a permit.

This could possibly happen even if said location is locked - just depends on the LEO.

I can't even imagine my spouse not having her CHP - but I guess not every family operates the same.
« Last Edit: February 20, 2013, 04:18:07 PM by 00BUCK »

Offline 00BUCK

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Re: First traffic stop while carrying tonight
« Reply #17 on: February 20, 2013, 04:22:12 PM »
In our class, last weekend, our instructor told us the permit must be declared, even if you are not carrying a handgun.   Possible, I misunderstood, or he taught me the wrong thing.  I will look further into this.

From the Nebraska State Patrol website:

019.02 A permit holder carrying a concealed handgun who is officially contacted by any peace officer or emergency services personnel must immediately inform the peace officer or emergency service personnel of the concealed handgun unless physically unable to do so.

Offline Husker_Fan

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Re: First traffic stop while carrying tonight
« Reply #18 on: February 20, 2013, 05:15:35 PM »
I would always inform the officer of my permit, even if not carrying. That's only because he will know about it when he runs my DL. I'd rather he not have the chance assume I'm armed and forgot or chose not to inform him.

Offline Gary

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Re: First traffic stop while carrying tonight
« Reply #19 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.

I had a flat by Sapp brothers, in the city limits of Omaha years ago.  As I waited for a tow, an officer pulled up, approached on the grass, and when she saw my Glock parts on the dash, she started walking backwards in her same footprints in the grass, lit up her patrol car, crossed the median and took off in the other direction.  Not a word.  She easily hit 100mph when I lost sight of her. 

A few minutes later, her boss arrived, with her close behind.  She went for the grass again, while he approached normally.  Asked if I was having trouble, and had I called a tow truck, I told him we were fine, and a tow truck was on the way.  He said, I apologize for my deputy, she is fresh out of the academy, and I told her if she saw anything not covered in class, to come see me personally.  I guess they never covered gun parts on the dash, so she got flustered and left. lol

Her boss, was very nice, and told me he appreciated me having my gun disassembled in that fashion, because it took all the tension out of the situation (at least for him).  He told me it was a novel idea, and to have a nice day. 

If someone told you this was a good idea, they were wrong. If this is something you came up with on your own forget it. This is not only completely unnecessary but dangerous.

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.

I dont want to sound harsh, but didnt you recently complete a CCW course? Posting that you would even consider doing this may say something about the Instructor and their course. Or it may be that you simply didnt pay attention and have your own ideas about such matters (Im sure every Instructor on here has dealt with students that would fall into the category of "in one ear, out the other")

Dont take this personally. I just dont want to read about any CCW holder being mistakenly shot by LE because they were misinformed on how to act when stopped.


- Shawn