When He/She "reasonably" believes it is necessary.srothstein wrote:Bullwhip, KC5AV, and TAM combined have the correct answer.
The law does not give a peace officer the "general authority" to disarm you. It specifically says he can disarm for safety (yours, his, or others).
So.... looks like the cure for individual/departmental "policy" to disarm.... would be to require the officer to articulate WHY or WHAT about the stop caused them alarm.
Many times there is a dash-cam recording. If so....a visit to the station (and police chief) should be able to turn this up for "review". I'd wager...that if this happens enough times..."disarms" would become much rarer than they are.
Only the citizenry can make this happen, it isn't going to change on LE's account.
Where I live (small town USA), I do not believe there is any departmental "policy" to disarm...but I am certain it exists other places.
I am equally certain that some CHL's act sufficiently nervous (or suspicious) when stopped....as to warrant concern by the officer....so the law is a good one in those cases.