Traffic Stop while Carrying Question

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junglebob
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Traffic Stop while Carrying Question

Post by junglebob »

I'm wondering how traffic stops are normally conducted in Ohio. I understand in some places like New York State, Seattle, and Alaska it is common for the LEO to take a legally carried handgun from the driver during a traffic stop. I have a daughter who lives with her family in Akron, so we visit and I carry when I travel. I carry a Glock 19 in an Alien Gear IWB holster. The thought of a LEO pulling my Glock out of my holster and possibly getting shot if he gets his finger on the trigger isn't encouraging. On another forum someone mentioned a stop where the LEO took his gun and had it pointed at his, the LEOs, chest while unloadig it. He said he thought the LEO was going to shoot himself.

I hope things go like they do for a traffic stop in Illinois. You hand the LEO your DL and CCL and he asks where it is and says keep your hands off it and we'll be fine.

For those from Ohio that don't know it you can have a loaded handgun in your vehicle, concealed, if you have your states CCL. You can't however exit your vehicle with a loaded gun. That is a state wide law, even for Chicago. Chicago does have an ordinance against lasers on guns so don't take one there. Or stay west of Interstate 39 and South of Interstate 80 and you don't have to worry about such foolishness.
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JustaShooter
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Re: Traffic Stop while Carrying Question

Post by JustaShooter »

junglebob wrote:I hope things go like they do for a traffic stop in Illinois. You hand the LEO your DL and CCL and he asks where it is and says keep your hands off it and we'll be fine.
That's how it usually goes, but they can disarm you for the duration of the stop if they choose. I share your concern about a LEO disarming and unloading random handguns they may never have handled before.
junglebob wrote:For those from Ohio that don't know it you can have a loaded handgun in your vehicle, concealed [in Illinois], if you have your states CCL. You can't however exit your vehicle with a loaded gun. That is a state wide law, even for Chicago. Chicago does have an ordinance against lasers on guns so don't take one there. Or stay west of Interstate 39 and South of Interstate 80 and you don't have to worry about such foolishness.
Thanks for that - I knew that was the law, but good to get confirmation from a native. Also, as I understand it if you must exit the vehicle, the firearm must remain in the vehicle locked up, or must be unloaded and placed in a case before exiting (so you can take it into a hotel, for example).
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junglebob
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Re: Traffic Stop while Carrying Question

Post by junglebob »

Justashooter, You are right if you exit your vehicle you must have your handgun unloaded and encased, ammo can be in the case in a magazine if desired. If you are in a motel room your handgun can be loaded, assuming that the motel doesn't have the state CPZ sign showing a black semi-auto with a red circle around it, a red slash mark and the wording Persuant to 430 ILCS 66/65 no other sign is legal. BTW our transport law doesn't say anything about where you are transporting to. In other words it could be anywhere but say a post office, federal property or a nuclear power plant. I used to transport on my person all the time before our carry law passed, used an Uncle Mike's Sidekick fanny pack, yeah those black ones that are supposed to scream GUN, especially in Illinois.
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Re: Traffic Stop while Carrying Question

Post by Brian D. »

Y'all's thoughts about some police not being terribly gun-savvy are well founded. I was on an FD for 35 years and on scenes my folks and LE were present, I did way more teaching than learning about firearms when they were part and parcel to situations. My knowledge about how a particular gun functioned instantly turned the scene of one "suicide" into a homicide investigation. At least one of the cops, their firearms trainer, really should have known better, and didn't speak to me for months after that.

Just sayin', you're correct to be concerned.
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Re: Traffic Stop while Carrying Question

Post by WhyNot »

''I'm wondering how traffic stops are normally conducted in Ohio. I understand... ... a traffic stop. I have a daughter who lives with her family in Akron, so we visit...''

Here is Ohio's official manual link...

http://www.ohioattorneygeneral.gov/File ... ws-Manual-(PDF" onclick="window.open(this.href);return false;)

Page 13 has your answers.

In addition, I would ask your family what their local officer title is such as Patrolman, instead of plain Officer. Our State Police is OSP Ohio State Patrol, they are Troopers. IMHO, if involved in a stop, you should put yourself in best footing as possible if you are reasonably aware of the employees actual title. After ''immediate 1st words out of your mouth' notification ''I would also suggest asking the Officer, if your vehicle positioning is best for their safety. Speed, turn signals, lights etc are leadups to you getting an involvement. As you are from out of state :D , best foot forward in an already bad situation is best
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Re: Traffic Stop while Carrying Question

Post by Cruiser »

WhyNot wrote:''I'm wondering how traffic stops are normally conducted in Ohio. I understand... ... a traffic stop. I have a daughter who lives with her family in Akron, so we visit...''

Here is Ohio's official manual link...

http://www.ohioattorneygeneral.gov/File ... ws-Manual-(PDF" onclick="window.open(this.href);return false;)

Page 13 has your answers.

In addition, I would ask your family what their local officer title is such as Patrolman, instead of plain Officer. Our State Police is OSP Ohio State Patrol, they are Troopers. IMHO, if involved in a stop, you should put yourself in best footing as possible if you are reasonably aware of the employees actual title. After ''immediate 1st words out of your mouth' notification ''I would also suggest asking the Officer, if your vehicle positioning is best for their safety. Speed, turn signals, lights etc are leadups to you getting an involvement. As you are from out of state :D , best foot forward in an already bad situation is best
An inaccuracy used often enough become fact! It is OSHP https://nortonsafe.search.ask.com/web?q ... &qsrc=2869" onclick="window.open(this.href);return false; Ohio State Highway Patrol.
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Re: Traffic Stop while Carrying Question

Post by WhyNot »

Yes sorry! 1st cup of coffee and I reverted back to what I heard on the radio traffic ''through the squawk box'' I guess.
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Re: Traffic Stop while Carrying Question

Post by Face »

True - but as a scanner listener of way too long, I have never, once heard anyone use OHSP - always OSP - even by "OSP".

Cruiser wrote:
WhyNot wrote:''I'm wondering how traffic stops are normally conducted in Ohio. I understand... ... a traffic stop. I have a daughter who lives with her family in Akron, so we visit...''

Here is Ohio's official manual link...

http://www.ohioattorneygeneral.gov/File ... ws-Manual-(PDF" onclick="window.open(this.href);return false;)

Page 13 has your answers.

In addition, I would ask your family what their local officer title is such as Patrolman, instead of plain Officer. Our State Police is OSP Ohio State Patrol, they are Troopers. IMHO, if involved in a stop, you should put yourself in best footing as possible if you are reasonably aware of the employees actual title. After ''immediate 1st words out of your mouth' notification ''I would also suggest asking the Officer, if your vehicle positioning is best for their safety. Speed, turn signals, lights etc are leadups to you getting an involvement. As you are from out of state :D , best foot forward in an already bad situation is best
An inaccuracy used often enough become fact! It is OSHP https://nortonsafe.search.ask.com/web?q ... &qsrc=2869" onclick="window.open(this.href);return false; Ohio State Highway Patrol.
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Re: Traffic Stop while Carrying Question

Post by junglebob »

In my reply to Justashooter about having a loaded handgun in your vehicle when you have an Ohio CPL, I didn't mention that there is no DUTY TO INFORM in Illinois, unless asked. I read some of the "duty to inform horror stories" here. If you want to inform, hand your Ohio CPL license to the LEO with your DL.


Years ago any home rule community in Illinois could have their own ordinance on transporting a firearm which could be more stringent than state law. Since there are hundreds of such communities in Illinois you could never be sure you were transporting legally unless you followed federal guidelines. Of course the anti gun legislators from the Chicago area liked this. Now since our carry law passed we have a uniform transport law, which is better than a lot of states.
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Re: Traffic Stop while Carrying Question

Post by docachna »

junglebob wrote:In my reply to Justashooter about having a loaded handgun in your vehicle when you have an Ohio CPL, I didn't mention that there is no DUTY TO INFORM in Illinois, unless asked. I read some of the "duty to inform horror stories" here. If you want to inform, hand your Ohio CPL license to the LEO with your DL.
There are endless threads here about how to properly "inform" when "stopped for a law enforcement purpose" in Ohio.

When you're driving, the above seems to be a good choice. However, the Ohio Revised Code does impose TWO duties upon you in such an instance: 1) inform them that you have a concealed carry license; 2) inform them that you are presently armed. Just handing them your CHL satisfies only #1.

A good course of action might be to do as you suggest above, along with narrative for the benefit of the LEO's dashcam recorder - "Here's my driver's license, and here's my concealed carry license. I'm also required to inform you that I am armed at this time." Personally, I do NOT recommend following that up by asking them "what would you like me to do now ?". Chances are, they'll tell you anyway. To me (just to me), asking that question smacks of paranoia. If he wants me to put hands on the wheel, get out, stand on one foot, scream like a chicken, etc. ---- he'll tell me. I don't personally think it's necessary to ask. YMMV.

Just remember, though, 99% of the time it's no big frickin' deal these days, but unfortunately, you still have to plan for that 1% or less of the bunch that decides to be a Richard about the whole thing............

Good luck, and be safe !!!!!
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Re: Traffic Stop while Carrying Question

Post by CroManGun »

junglebob wrote:Years ago any home rule community in Illinois could have their own ordinance on transporting a firearm which could be more stringent than state law. Since there are hundreds of such communities in Illinois you could never be sure you were transporting legally unless you followed federal guidelines. Of course the anti gun legislators from the Chicago area liked this. Now since our carry law passed we have a uniform transport law, which is better than a lot of states.
How can it be uniform if lasers are prohibited in Chicago? Shouldn't the state law overrule any local regulations?
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Re: Traffic Stop while Carrying Question

Post by gaptrick »

Great point. Lasers are part and parcel anymore with some not even being aftermarket but a part of the gun...
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Re: Traffic Stop while Carrying Question

Post by BecauseICan »

I have had my permit for about 8 years now and have been pulled over both with my gun and without it. State law says you must notify the officer first thing. It is also common courtesy in my eyes. That comes from knowing a lot of cops and also the fact that they already know you have your permit when they run your plate, assuming its registered to you anyway. It pops up flashing on their screen.

It was recommended by my trainer and also seems to be common sense to keep your hands on the wheel until the officer is aware one way or the other. While carrying, they were grateful that I told him and he just said to keep my hands away from it. He didn't ask me to step out or ask to take it.

Now.... I had an altercation with LE while legally carrying years ago. I had already left my car and was walking. As soon as he addressed me I put my hands in the air and told him I had my permit and a gun. That time it was removed and unloaded. I spent a night in jail over the issue which was resolved and I got my gun back, 4 months later...

The moral is keep your hands visible and notify them ASAP. The only way to avoid a possibly sketchy/jumpy LEO would be to not do anything to get pulled over. But we all know how that works. :mrgreen:
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Re: Traffic Stop while Carrying Question

Post by junglebob »

Anyone else have a LEO take their handgun during an interaction with the LEO?
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Re: Traffic Stop while Carrying Question

Post by deanimator »

BecauseICan wrote:It is also common courtesy in my eyes.
Do you similarly notify the girl at the checkout line in the grocery store? The guy behind the counter in the convenience store? Don't you have "common courtesy" for them? You're arguably a FAR greater threat to them, and odds are they aren't permitted to carry a gun to defend themselves.

The ONLY reasons to notify a cop that you're armed are if it's REQUIRED BY LAW, or that your firearm may become exposed to view.

"Courtesies" almost ALWAYS morph into "duties". Hence police DEMANDING to be notified when you're NOT armed.
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