clear weapon before surrendering it to LEO?

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton


Topic author
bcdudley
Junior Member
Posts in topic: 2
Posts: 43
Joined: Thu Aug 19, 2010 12:20 am

clear weapon before surrendering it to LEO?

#1

Post by bcdudley »

Hypothetical question. If someone is pulled over and asked to surrender their weapon, should the magazine be removed and the chamber cleared, or would this action be alarming to a Leo?

I have always been taught to do this before handing my weapon over to anyone, period. I do not want to be responsible for someone who does not know what they are doing accidentally shooting themselves or someone else, including a police officer who should be trained to properly handle weapons.
User avatar

E.Marquez
Senior Member
Posts in topic: 1
Posts: 2781
Joined: Sat Feb 20, 2010 11:48 pm
Location: Kempner
Contact:

Re: clear weapon before surrendering it to LEO?

#2

Post by E.Marquez »

I’ve never been disarmed.. My plain if it ever comes up, is to politely, on camera offer to unload and clear my weapon for the safety of the officer and myself.
If the LEO refuses, it's on camera so if / when he has an ND, or demonstrates unsafe weapon handling, or handles the weapon in a manner that causes damage.. it is all on camera, his and mine. I bet the ready plan never happens to me,, as the few times I’ve met a LEO and the option for disarm came up,, it was totally a non issue with them. Like other versions of bad humans, there are bad LEO’s… I’ve just never met one. :patriot:
Companion animal Microchips, quality name brand chips, lifetime registration, Low cost just $10~12, not for profit, most locations we can come to you. We cover eight counties McLennan, Hill, Bell, Coryell, Falls, Bosque, Limestone, Lampasas
Contact we.chip.pets@gmail.com

apostate
Senior Member
Posts in topic: 1
Posts: 2336
Joined: Sun Oct 14, 2007 10:01 am

Re: clear weapon before surrendering it to LEO?

#3

Post by apostate »

If the LEO thinks you might shoot him/her (that's why they're disarming you, right?) he/she isn't likely to allow you to handle a loaded weapon.

To put it another way, if they give you permission to handle the loaded handgun, that looks like prima facie evidence they did not reasonably believe disarming you was "necessary for the protection of the license holder, officer, or another individual."
User avatar

Teamless
Senior Member
Posts in topic: 1
Posts: 3241
Joined: Sat Mar 13, 2010 9:51 pm
Location: Houston, Texas

Re: clear weapon before surrendering it to LEO?

#4

Post by Teamless »

let the LEO do it.
If they are disarming you, then they already do not trust you.
League City, TX
Yankee born, but got to Texas as fast as I could! NRA / PSC / IANAL
User avatar

Purplehood
Senior Member
Posts in topic: 1
Posts: 4638
Joined: Thu May 29, 2008 3:35 pm
Location: Houston, TX

Re: clear weapon before surrendering it to LEO?

#5

Post by Purplehood »

Follow the LEO's instructions.
Life NRA
USMC 76-93
USAR 99-07 (Retired)
OEF 06-07
User avatar

kjolly
Senior Member
Posts in topic: 1
Posts: 515
Joined: Tue Dec 21, 2010 10:00 am

Re: clear weapon before surrendering it to LEO?

#6

Post by kjolly »

Follow instructions. The LEO is already nervous enough about you having a gun much less any additional handling.
Texas CHL Instructor, NRA Certified Trainer, IDPA
NRA Range Safety Officer

http://www.tacticalpistol.us
User avatar

DEB
Senior Member
Posts in topic: 1
Posts: 470
Joined: Sat May 22, 2010 5:50 pm
Location: Copperas Cove, Texas

Re: clear weapon before surrendering it to LEO?

#7

Post by DEB »

When CHL was in its infancy, I had two friends that were disarmed. (I was not present) One was disarmed by the L.E. officer reaching in and over his body to retrieve a firearm from his middle console in his truck, another by the concealed carrier handing his firearm over to the L.E. officer through his, driver side, window. Since that beginning burp, I have been stopped, as have several of my friends, this within the last 3 years and L.E. has never disarmed any of us, this could be because of our respective ages, 50+. The Dallas/Fort Worth area matter of fact has been very friendly or perhaps unobtrusive to conceal carriers. Burnett for what ever reason seems to have some L.E. that looks to disarm, this from several soldiers I have talked to, not personal experience. Be safe out there...
Unless we keep the barbarian virtues, gaining the civilized ones will be of little avail. Oversentimentality, oversoftness, washiness, and mushiness are the great dangers of this age and of this people." Teddy Roosevelt"
DEB=Daniel E Bertram
U.S. Army Retired, (Sapper). VFW Life Member.

seeker_two
Banned
Posts in topic: 2
Posts: 182
Joined: Fri Oct 26, 2007 11:19 am
Location: Deep in the Heart of the Lone Star State

Re: clear weapon before surrendering it to LEO?

#8

Post by seeker_two »

Don't do anything that the officer doesnt' tell you specifically to do......it's a healthy habit to develop.....
Howdy y'all. Glad to be here.....
User avatar

Jumping Frog
Senior Member
Posts in topic: 1
Posts: 5488
Joined: Wed Aug 25, 2010 9:13 am
Location: Klein, TX (Houston NW suburb)

Re: clear weapon before surrendering it to LEO?

#9

Post by Jumping Frog »

Assuming a belt-clip type of holster, I've known people who had the LEO agree to let them unclip their holster and slide out the gun-holster as a single unit, thus handing the still-holstered gun to the LEO. Keeps the trigger covered and is far safer for all concerned, IMO.

Also addresses LEO concerns regarding letting someone handle their loaded handgun.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ

speedsix
Senior Member
Posts in topic: 1
Posts: 5608
Joined: Tue Jan 18, 2011 8:39 am

Re: clear weapon before surrendering it to LEO?

#10

Post by speedsix »

...unless the officer gave me specific directives, I'd draw the weapon AFTER giving him the magazine...and, as I gave it to him, I would lock the slide back, letting the round hit my lap...slowly and carefully...with a non-shooting grip...only way I'd hand him a loaded weapon that he was unfamiliar with would be if he directed me otherwise...with the revolver, it's easy to open it as you remove it from the holster and dump the rounds into your other hand...no quick, sudden moves necessary...I have too much personal knowledge and experience with officers and ND to want to hand them a loaded weapon...if he reaches to take it, I have no control...I will tell them there's one in the tube, though...

...I have never been disarmed...JumpingFrog has a good alternative method...
User avatar

Keith B
Moderator
Posts in topic: 1
Posts: 18502
Joined: Sat Aug 18, 2007 3:29 pm

Re: clear weapon before surrendering it to LEO?

#11

Post by Keith B »

If you are carrying on body and an officer is going to disarm you from the driver's or passenger's seat, they will most likely ask you to keep your hand in view and away from where your firearm is. They will then open the door and ask you to step out while keeping your hands away from the firearm area. They will then most likely remove the firearm from the holster themselves.

Same thing if the gun is not on body but just in the vehicle, they will ask you to step out and THEY will handle the gun.

I don't know of any officers that would want to disarm you for their safety and then let YOU handle the firearm.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4
User avatar

Beiruty
Senior Member
Posts in topic: 2
Posts: 9655
Joined: Tue Aug 12, 2008 9:22 pm
Location: Allen, Texas

Re: clear weapon before surrendering it to LEO?

#12

Post by Beiruty »

Do not touch your weapon, if the LEO wants to disarm you. Unless he asked you to remove your weapon and make it clear.
First of all, if you are not sure ask the LEO what to do.

"Sir, I have a CHL and I am carrying. How do you like me to proceed?"
Beiruty,
United we stand, dispersed we falter
2014: NRA Endowment lifetime member
User avatar

J.R.@A&M
Senior Member
Posts in topic: 1
Posts: 865
Joined: Wed Sep 03, 2008 12:41 pm

Re: clear weapon before surrendering it to LEO?

#13

Post by J.R.@A&M »

In my only experience with disarmament, the policeman first asked where they were located. I told him (pocket holster and shoulder holster). He reached into my front pocket and retrieved the pocket carried one while I stood there like a statue. I then suggested that I could slowly unbutton my shirt and let him see/take the revolver from the shoulder holster. He agreed and that's what we did.
“Always liked me a sidearm with some heft.” Boss Spearman in Open Range.
User avatar

Excaliber
Moderator
Posts in topic: 1
Posts: 6198
Joined: Tue May 27, 2008 9:59 pm
Location: DFW Metro

Re: clear weapon before surrendering it to LEO?

#14

Post by Excaliber »

Keith B wrote:If you are carrying on body and an officer is going to disarm you from the driver's or passenger's seat, they will most likely ask you to keep your hand in view and away from where your firearm is. They will then open the door and ask you to step out while keeping your hands away from the firearm area. They will then most likely remove the firearm from the holster themselves.

Same thing if the gun is not on body but just in the vehicle, they will ask you to step out and THEY will handle the gun.

I don't know of any officers that would want to disarm you for their safety and then let YOU handle the firearm.
:iagree:

Touching your firearm under these circumstances has more ways to go south than I could outline here.

I would volunteer to assume any position that would make the officer comfortable while he removed the gun if he wanted to do so.
Excaliber

"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." - Jeff Cooper
I am not a lawyer. Nothing in any of my posts should be construed as legal or professional advice.

KRhea02
Junior Member
Posts in topic: 1
Posts: 11
Joined: Wed Mar 09, 2011 11:22 am

Re: clear weapon before surrendering it to LEO?

#15

Post by KRhea02 »

Excaliber wrote:
Keith B wrote:If you are carrying on body and an officer is going to disarm you from the driver's or passenger's seat, they will most likely ask you to keep your hand in view and away from where your firearm is. They will then open the door and ask you to step out while keeping your hands away from the firearm area. They will then most likely remove the firearm from the holster themselves.

Same thing if the gun is not on body but just in the vehicle, they will ask you to step out and THEY will handle the gun.

I don't know of any officers that would want to disarm you for their safety and then let YOU handle the firearm.
:iagree:

Touching your firearm under these circumstances has more ways to go south than I could outline here.

I would volunteer to assume any position that would make the officer comfortable while he removed the gun if he wanted to do so.
:iagree: x2

I even ask to reach into my center console for my insurance card
Post Reply

Return to “General Texas CHL Discussion”