1. #1
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    Question How do you deal with CHL holders?

    I tried to search but couldn't find any results...

    I'm very green as far as they go. I've heard conflicting answers on this scenario. You initiate a traffic stop and the driver hands you over their DL as well has concealed handgun license. How do you proceed with the stop?

    I've talked to experienced officers, and some tell me that they disarm anybody that says they have a firearm on them, and some tell me that they ask where the firearm is and advise the driver to keep their hands in sight and go from there.

    I assume that anyobdy I stop has a firearm and approach accordingly. When a driver identifies themself as a CHL holder I ask where the firearm is and I tell them to keep their hands in sight. I keep a close eye on the driver on my way back to my vehicle and while I'm in my vehicle running their DL and writing a cite if I choose to do so. I haven't had one make the hairs on the back of my neck rise yet. Although I do not assume that they are safe simply because they have told me they are armed, I do figure if they had a solid plan on harming me that they wouldn't tell me they were armed. If I had one that didn't feel quite right I would not have any problem pulling them out of the car and disarming them... I just have not come across that situation yet.

    I was curious how other officers deal with drivers that inform them that they have a firearm on their person or in their vehicle.

  2. #2
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    I've run across this a few times. As long as they tell me right away, they're not acting suspicious, and there are no other factors during my stop, I just have them keep their hands where I can see them and ask where the weapon is. I usually check the permit and driver license and go about business as usual. I don't usually disarm people, because the way I see it, theres no reason to disarm a lawfully armed citizen who is being cooperative, and the only reason for my contact is a traffic infraction.

    I always assume everyone is armed, so if a guy calmly tells me he has a permit and a weapon, its an indicator that he probably means me no harm. It's the same thing as stopping an off duty cop, who tells you "im on the job, and armed" or whatever, the body language is more important than the words. People who are trying to do the right thing, give off that type of body language. I generally like to see these types a little nervous or appreshensive, because in my opinion it shows that they understand the seriousness of the situation.

    I recently heard a story of an officer drawing down on a citizen who stated that he had a permit and a lawfully owned pistol. I would advise against that. Some guys are big on disarming everyone, and thats fine. But I would advise that you before you start messing with someone elses gun, you know what your doing first. Let's face it, alot of cops are not "gun people", and some cops are down right scary with a weapon. Nothing more embarrassing and dangerous than seeing another cop fumbling with a loaded weapon, because that cop doesnt know how to unload that particular firearm; or seeing a cop hand a locked and loaded weapon to the citizen without the safety on.

    Just use common sense, and be safe.

  3. #3
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    Here, they're supposed to notify officers any time they're carrying their weapon and provide their CHL along with their DL or state ID card. If this is the case, I ask where the weapons are at, and I tell them to keep their hands away from those locations and keep them on the stearing wheel. I take care of whatever else needs taken care of, and I'm done with it.

    If I get the driver's license return and find, via dispatch, that they have a CHL I ask them if they're carrying their weapon. If they say yes I "educate" them about the need to remind me, and if they say they're not then I let it go. Technically, we can revoke their CHL if they don't tell us about the weapon, but I've never done that in the two times I've had that happen.

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    Most people tell me if a weapon is in the car/on their person, and I tell them to keep their hands in sight and there won't be any concerns. If they don't have a CHL, I take possession of the weapon (at least temporarily), but I won't if they are licensed (absent some reason for concern). However, my state is pretty liberal when it comes to firearms. The dirtbags rarely tell me when there's a gun on them or in the car and are dealt with accordingly when it's discovered.

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    I don't do anything. The best line I've heard on a local forum recently was, "Don't show me yours and I won't show you mine." I thought that was pretty good.

    First of all, the state of Georgia has recent case law on the subject. It is State v. Jones. It says that the presence of a weapon alone in a traffic stop does not justify its seizure. You have to articulate why you believe leaving the weapon constitutes a danger to you and saying that a person with a gun is dangerous does not qualify.

    Second of all, if a person goes to the trouble of telling you, "I'm a legal weaponholder and have my gun in ..." They aren't the people you have to worry about. I'm not telling you to let your guard down. However, the person that tells you they have a gun is probably not intending to shoot you. Otherwise, they wouldn't have given up the element of surprise.

    They are exercising a constitutional right and you should not interfere with it. People will probably flame me and say that, "My safety comes first and I'm not going to leave them with the means to kill me." However, you're more likely to be hit by the guy driving down the road than your violator that told you they have a legal firearm. Does that mean all drivers should be required to park and not pass you until you're done with your traffic stop? No.
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    I come across a lot of them that aren't carrying their weapon but they still tell me. Most of the time it's a ****** bag that pulls the gun out when he gets pulled over and wants me to believe he rides around like that. I generally call for a check-in and have them remove the gun and check to see if it's stolen. When the stop is over I will put the gun in their trunk and tell them they can get it after I'm gone.
    yeah!

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    Are you saying that a valid CHL holder pulls the gun out when you have stopped him just to let you know he has the weapon? Maybe I am just misunderstanding you. If so I would probably take him to jail for that SH%$. That is insane, I am a firm believer in people exercising their right to carry a firearm and in a traffic stop I have often encouraged people who have let their CHL expire to get it renewed. But if a knuckle head pulls out a gun valid or not he is getting hooked for something.

    BTW this ? is for Prov1x
    Last edited by Kawboy; 06-24-2011 at 04:16 PM.
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  10. #10
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    Quote Originally Posted by insomniac View Post
    some tell me that they ask where the firearm is and advise the driver to keep their hands in sight and go from there.

    I assume that anyobdy I stop has a firearm and approach accordingly. When a driver identifies themself as a CHL holder I ask where the firearm is and I tell them to keep their hands in sight. I keep a close eye on the driver on my way back to my vehicle and while I'm in my vehicle running their DL and writing a cite if I choose to do so. I haven't had one make the hairs on the back of my neck rise yet. Although I do not assume that they are safe simply because they have told me they are armed, I do figure if they had a solid plan on harming me that they wouldn't tell me they were armed. If I had one that didn't feel quite right I would not have any problem pulling them out of the car and disarming them... I just have not come across that situation yet.
    That's exactly how I do it.
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    I agree with most of the posters above. I know its different in each area of the country, but around here its common to have a CHL or a shotgun/rifle in a vehicle. If I walk up to a vehicle and the first words out of someones mouth are "I have a handgun/rifle/etc" then I just ask them where its at and tell them to keep their hands visible. I figure if they planned on smoking me, they probably wouldn't tell me about their weapon.

    If they don't volunteer the information and I see the weapon, they are probably getting disarmed for the duration of the stop. For example, if I see part of a concealed weapon in a holster, I will loudly say something along the lines of "Sir, I see that GUN that you have on your side, please keep your hands where I can see them", mainly so my partner will know that I've spotted a gun. We will then disarm them.
    Last edited by Vega; 07-06-2011 at 11:01 AM.

  12. #12
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    "How do you deal with CHL holders?"

    No different than the other "good" or "likely good" guys. It certainly doesn't trigger anything that would make me want to treat them like the "bad" guys.

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    ...........
    Last edited by texas11; 10-04-2011 at 01:59 PM.
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  14. #14
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    If they have a valid permit, I ask them were the gun is and go about business. I already assume everyone has a gun, knife, or something to hurt me anyway.

  15. #15
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    EDIT: Not sworn officer, sorry!

    I moved my question to ask-a-cop forums.

    http://forums.officer.com/forums/sho...09#post2849709
    Last edited by blops; 08-13-2011 at 10:46 PM.
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  16. #16
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    EDIT: Not sworn officer, sorry!

    I moved my question to ask-a-cop forums.

    http://forums.officer.com/forums/sho...09#post2849709
    Last edited by blops; 08-13-2011 at 10:47 PM. Reason: can't figure out how to delete post
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  17. #17
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    Quote Originally Posted by AtlCop View Post
    I don't do anything. The best line I've heard on a local forum recently was, "Don't show me yours and I won't show you mine." I thought that was pretty good.

    First of all, the state of Georgia has recent case law on the subject. It is State v. Jones. It says that the presence of a weapon alone in a traffic stop does not justify its seizure. You have to articulate why you believe leaving the weapon constitutes a danger to you and saying that a person with a gun is dangerous does not qualify.

    Second of all, if a person goes to the trouble of telling you, "I'm a legal weaponholder and have my gun in ..." They aren't the people you have to worry about. I'm not telling you to let your guard down. However, the person that tells you they have a gun is probably not intending to shoot you. Otherwise, they wouldn't have given up the element of surprise.

    They are exercising a constitutional right and you should not interfere with it. People will probably flame me and say that, "My safety comes first and I'm not going to leave them with the means to kill me." However, you're more likely to be hit by the guy driving down the road than your violator that told you they have a legal firearm. Does that mean all drivers should be required to park and not pass you until you're done with your traffic stop? No.
    Well said.

  18. #18
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    Man I thought I was going to mostly guys posting about temporary seizures. I am glad to see most of us have a level head and healthy respect for the second amendment. I have removed several over the years when they seem suspect but the vast majority get to keep it in the vehicle. I am almost 100% on the holder coming back a felon with a good attorney on the ones I temporarily remove. There are a lot of un convicted felons around here due to the majority of the case being given a SIS disposition by the prosecutors even on violent and repeat offenders.

  19. #19
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    Quote Originally Posted by NORCOCOP View Post
    Man I thought I was going to mostly guys posting about temporary seizures. I am glad to see most of us have a level head and healthy respect for the second amendment. I have removed several over the years when they seem suspect but the vast majority get to keep it in the vehicle. I am almost 100% on the holder coming back a felon with a good attorney on the ones I temporarily remove. There are a lot of un convicted felons around here due to the majority of the case being given a SIS disposition by the prosecutors even on violent and repeat offenders.
    yea I hear ya......recently i pulled a guy over who used to be in the gang file back in 2001ish....he had a valid ccw and a pistol.....no felony convictions due to SIS dispositions on a few of his cases back in the day.....

    yea he definitely got disarmed.....

  20. #20
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    Quote Originally Posted by reils49 View Post
    I've run across this a few times. As long as they tell me right away, they're not acting suspicious, and there are no other factors during my stop, I just have them keep their hands where I can see them and ask where the weapon is. I usually check the permit and driver license and go about business as usual. I don't usually disarm people, because the way I see it, theres no reason to disarm a lawfully armed citizen who is being cooperative, and the only reason for my contact is a traffic infraction.

    Just use common sense, and be safe.

    Agree. That's how I've done mine... BUT if I have another Officer with me I'll let them know and will take the weapon from the citizen only because I have that other Officers back, and they may have a different view on things.

    Hope that came out right..

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  21. #21
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    Here in Texas, not going into specifics but drivers can carry concealed weapons, even if they aren't CHL. Before that when the CHL law was inacted, our dispatch would send another unit to assist when the CHL would pop up. I would always disregard the assist but dispatch would advise them to roll anyway. Time went by and we're just advised of the CHL now without the assist. But to answer the question, it is your life so take the safety measures you believe are necessary for each stop/encounter. CHL holders can kill like anyone else. Personally, I just do what the other posters do and advise the driver to keep his hands on the top of the steering wheel and to not move them until I give him permission. I ask where the weapon(s) is and to not even think about putting their hands towards it. I've had partners and/or officers I assisted who get the driver out, locate the weapon and then clear it before having it returned. Some will run the weapon for wanted. Again, it is your life so do what is appropriate, necessary, and prudent.

  22. #22
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    I don't treat them any different than any other stop. In Tennessee our handgun carry permit holders can carry concealed or open carry and have no duty to inform an officer. Most permit holders are good honest citizens but as long as they keep theirs holstered mine will stay holstered.
    Where'd you learn that, Cheech? Drug school?

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