Pulled over ... while walking

[blackdog8200]

GC 9411.207. AUTHORITY OF PEACE OFFICER TO DISARM.
(a) A peace officer who is acting in the lawful discharge of the
officets official duties may disarm a license holder at any time the
officer reasonably believes it is necessary for the protection of the
license holder, officer, or another individual. The peace officer shall
return the handgun to the license holder before discharging the license
holder from the scene if the officer determines that the license holder
is not a threat to the officer, license holder, or another individual and if
the license holder has not violated any provision of this subchapter or
committed any other violation that results in the arrest of the license
holder.

Now I am no lawyer.....but I would think if an officer feels the need to "restrain" you for his safety, or your's for that matter, he might: A. Handcuff you, B. have you lie down etc. or C. Place you in the backseat of his car. All this while he checks out your story. Just based on the law above, I'll bet there is some statute that also gives him this right.

Best bet when dealing with the "law" is to "Yes sir, no sir three bags full sir!" Until he lets you go. Irritating him isn't going to go well and based on a few "accidental" discharges that have occured lately, you might find yourself "dead but right."

How you look, how you were acting prior to being stopped, and where you are stopped will all play into the "mindset" of the officer. Remember: If it looks like a duck.......He's already made the choice to "return home alive" so you must put yourself in his shoes. I always tell my kids that you never know who you might be dealing with. Maybe his boss just chewed him out, his girlfriend left him, he's got a hangover or his dog just died. Maybe you look just like the guy that robbed a little old lady down the street! Be respectful and cooperate. If you do and it goes bad, you can have your day in court later.

[Captain Matt]

First off (I'm not picking on you but you raise an important point here) There is no "Legal Limit of Intoxication" when you are carrying a hand gun.

So it doesn't matter if he had one beer an hour ago or a year ago. Or never.

Intoxicated means not having the normal use of mental or physical faculties by reason of the introduction of alcohol or any other substance into the body.

[anygunanywhere]

Now I am no lawyer.....but I would think if an officer feels the need to "restrain" you for his safety, or your's for that matter, he might: A. Handcuff you, B. have you lie down etc. or C. Place you in the backseat of his car. All this while he checks out your story. Just based on the law above, I'll bet there is some statute that also gives him this right.

The part of the law you quoted does not give an officer the "right" to "restrain" a CHLer. It gives the LEO the "authority" to "disarm" a CHLer under a defined situation, not if he feels like it or during every stop as a normal procedure regardless of the mindset the officer has.

Anygunanywhere

[maximus2161]

I would have asked for a supervisor.

+1

[Abraham]

While high crime areas no doubt motivate police stops of pedestrians (often resulting in arrest for various crimes) this OP's stop reminds me of: YOUR PAPERS!! Be quick Schwinehund!

Living in an environment parallel to a police state should be resisted by legal means, pronto!

Contact the chief and fill him or her in.

[Kevinf2349]

I am no lawyer either but doesn't the quoted law mean that the LEO actually broke the law in not handing the gun back to him?

The peace officer shall
return the handgun to the license holder before discharging the license
holder from the scene if the officer determines that the license holder
is not a threat to the officer, license holder, or another individual and if
the license holder has not violated any provision of this subchapter or
committed any other violation that results in the arrest of the license
holder.

[Harley rider 55]

He left you in the open to load and holster your weapon? The cop TOLD you to break the law.

[atxgun]

He left you in the open to load and holster your weapon? The cop TOLD you to break the law.

I'm surprised this thread is still going but yeah pretty much.