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Law Enforcement Questions For John O'Neil | |
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Question # 4: " I was stopped for a speeding violation in Missouri. When I told the officer I had a Kentucky CCDW License, he asked me where my gun was, and did I have any other weapons in the car. I told him I only had a pistol. When I told him it was in between the seat and the arm rest, he asked me to step out of the vehicle and not to make any quick movements. He asked me to step in front of the vehicle with my hands on the front of the car. He then took the pistol out from the vehicle. He told me to stay where I was and he called into his agency. When he returned he told me I was going too fast, gave me a warning and handed me back my pistol "un-loaded". He gave me the ammo after he gave me the pistol. Is this a normal procedure or just some officer a little more concerned than others?" John Whitten, Kentucky Answer I don't know if the state of Missouri or the officers agency have any written directives on this but, in most states it is left to the officer what they do in this situation. By just giving you a warning after taking your pistol, it makes me feel that the officer was glad you complied with what he asked you to do. In most situations legally armed individuals don't consider about what the officer is thinking. Where was this officer before he stopped you? Did he just come from a violent scene where a firearm was used in the crime? Has he or she been in a violent incident on the job? Although the majority of law enforcement officers will never discharge their weapon on duty, most have seen some things that people outside of law enforcement only read about. Sometimes it can be a nasty job . It is not always about helping others. Sometimes it is just about staying alive. I can speak about similar incidents when I worked the streets. If I stopped a person who was legal to carry a firearm, I would ask where the firearm was and, I would do just what this officer did. I would take control of the pistol. Why? It is based on years of doing what I could do, to stay alive. If I gave this person a speeding ticket knowing he had a loaded gun in his possession, and he went nuts because of the cost of the ticket...who knows what might happen. I might wear a badge but, it is my life on the line. Watch the video regarding "Traffic Stop Protocol" on this website. I'm sure nobody prompted that officer to take the pistol away from the legally armed citizen. I would have done two things differently than this officer did. First I would not let the driver handle his pistol. I would take it myself. Second, I would not hand back a loaded gun to anyone. I would remove the ammunition and tell the person not to load it until I am gone. I'm sure there are a lot of legally armed citizens who read this and say, I'm not going to turn my handgun over to any officer who asks for it. They need to have a good reason why I should do this. Well, always remember that the person who is wearing a badge is just like you and probably does not like the feeling of pain. The officer is asking you to make his or her day go smooth. I don't really want to get into the possibility of the officer getting irate and taking you in because you did not obey their order. Unless you are in the middle of Mexico with a gun, allow the officer to do his or her job. If they feel safer with the gun in their possession, let them have it so they can complete their paper work and you will be on your way. And if you are in the middle of Mexico with a gun, you are probably making a drug run so just give the Mexican officer some drugs or money and you will also be on your way. I am glad to see so many law abiding citizens obtaining the ability to carry guns. My years on the streets showed me that it is up to every person to be in a position to defend themselves. There will NEVER be enough law enforcement officers available to assist most people when they are needed. It is up to every person to do this for themselves. I did exactly the same thing as the actions of the officer in question when I wore a badge. I always wanted to get home and I don't know this person. It is my personal decision to always take any threat away from me. This thinking kept me alive during the years I worked the streets. It is the same thinking I have today when I carry a pistol as a civilian. Always be ready for the un-expected and be prepared to deal with whatever happens. This is a violent world we live in. There are nut jobs all over and I'm sure one or two of them might be legal to carry firearms. I knew a few of them who wore a badge. Again, learn to take care of yourself. I'm sure the officer in question was just trying to make sure he got home at the end of his shift. This might not be the type of answer you expected but, its my answer. Another law enforcement officer might deal with this type of incident differently but, only if there is no agency directive for what to do in a similar situation. Once you give any law enforcement officer the latitude to make their own decision on certain issues without any agency directive regarding procedures, you will have as many different ways to deal with the issue as you have officers. This is why their initial training and continued in-service training is conducted in the manner it is done. It is to constantly re-enforce what should be done in a particular situation. Train the way you need to perform and; always train for the un-expected. If you want to post a comment on this question or answer, send it to: Please put John O'Neil # 4 in the subject line of you e-mail. After making sure there is nothing offensive in the e-mail, it will be posted here. Please include your name and state. © 2006
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