Question regarding legality of traffic stop

[KevinB]

Returning a loaded/readied gun defeats the argument that it was unloaded for officer safety

[TNWNGR]

Returning a loaded/readied gun defeats the argument that it was unloaded for officer safety

IDKM its your world , but I can see see your humor though;-)

[KevinB]

Frankly, I am of the mind that the less handling of firearms at a traffic stop the better (or generally any interactions with LE and the public).

I've never been asked to show or clear a gun out at a traffic stop -- the only time I was asked if I had a gun (my CWP pops up with my DL here in VA) I produced my cred's and that ended that line of questioning.

[FNFAN]

My fav was the purported officer on another forum who expressed his disdain for civilian carry by habitually handing back the citizen's shooter disassembled. Was an interesting thread when a guy who'd had his Wilson Supergrade dinged up by someone doing this expressed his thoughts.

[Totem Polar]

Frankly, I am of the mind that the less handling of firearms at a traffic stop the better (or generally any interactions with LE and the public).

This is only common sense: it's pretty hard to ND without some sort of administrative handling going on. Risk v Reward seems to lean pretty far towards two people not monkey kittening with firearms and holsters in public unless there are very compelling reasons.

[Corvus]

There are some le that try to disassemble firearms around Ky also.

[Chuck Haggard]

If I felt the need to disarm a person with a valid CCW permit it would be because something beyond them being armed is going on. In that case I would in fact unload the gun, and that's how they would get it back.

Who here would routinely hand another person a known loaded firearm? Who here has practiced doing so safely as a team effort (Claude, BTW, showed one of the very best TTPs for this in his couples class at the Tac Conference, but I digress...), and if they have, would the person on the traffic stop be a part of your training team?

My train of thought in our lawsuit happy country;
If I unload the gun I accept the liability for that, pretty sure I'm not going to ND it. If I hand the person back their unloaded gun and they later shoot themselves via ND while reloading than that's on them, not on me. However, comma, if they ND the gun by grabbing it stupid while I am handing it back to them loaded then I may be held liable for that happening. Not a risk I am willing to take.

Is there case law on this? Not to my knowledge, and I'm not trying to be a test case either.

[TNWNGR]

FWIW the only times I ever disarmed a HCP holder was if they'd done something really stupid. The only time I disarmed HCP holders who were in their vehicles was during the course of a criminal investigation or I'd arrested them. Those few instances were brought on by the offender. I have disarmed HCP holders out sulking about at night on foot though until I confirmed the who, what, when, why parameters. I've done the same to off duty and out of jurisdiction LEO's as well. In the end it is what it is and not likely to change. And yes its nice to be a retired LEO supervisor and not deal with this stuff all the time at work.