CWP Traffic Stop Question

[Coastal12]

I did a search and found a thread very similar that Palmetto Bug posted however mine is a slight bit different. I was driving on Lockwood Drive two nights ago in Charleston city where I was pulled over. I was pulled over because the officer "assumed" I was speeding because he said that he clocked the car next to me and I had passed him. I wont incriminate myself, and I honestly do not know how fast I was going. But it may easily have been over 35mph. When pulled over, I turn on my hazard lights, turn on all lights inside the car, tell all passengers to place their hand on their knees and do not move unless you are told to by me. He approached the car and said "Do know why I pulled you over" I said no officer I do not. He told me that I passed the car he clocked with radar and that I passed him. He then asked me if I had any weapons in the car. I told him yes there is a loaded handgun in the center console, however I have my CWP. He then asked me if he could remove my weapon take possession of it, and run the serial number. My response was "No sir, I do not believe you are allowed to do that." (In a very respectful and calm manner) He then told me that it is standard protocol to check any weapon and take possession of it during the traffic stop even if I have you are a CWP holder. My father was in law enforcement for over 25 years, and we now own a private security and investigations company... I understand the the officer wants to feel as safe as possible, so I told him that if it would make him feel better he could, because I have nothing to hide. (I know this is probably where I went wrong by giving him permission) He then asked me to step out of the vehicle and he would remove the weapon. He did, ran the serial number for about 20 minutes and called for backup which is understandable. Then brought the weapon back, asked me to step out once again, and put the weapon back and handed me the magazine. We then discussed the matter further because I simply questioned why this all was necessary if I have my CWP and two SLED cards. His response was that it is standard protocol during a traffic stop. I told him very nicely that I was going to look into this matter further and call his supervisor because I feel that others who may get pulled over with a weapon and CWP don't want to deal with this if he is in the wrong. I then got back in my truck and left with a warning for speeding. If you could please clarify it would be helpful. Thank you for your time.
My question is: If I have a license from the state that says I received a thorough background check to possess a weapon, and technically I had not done anything wrong, why is this necessary? My CWP instructor was very upset when I called him on phone because he stated that they do not have the right to take my weapon if I am a law abiding citizen and not a person of suspicion. My instructor also said that I should have left my hands on the wheel and very calmly asked him to call his supervisor and have him come inform me of the law that would allow them to take possession of my weapon and why.

[SOUTHERN WOODS]

You should have told him to go piss up a rope.

[Coastal12]

You should have told him to go piss up a rope.

Trust me it crossed my mind when he got firm with me and annoyed that I polity challenged him and said "No sir, I don't believe you are allowed to do that."

[B.Miller]

My instructor also said that I should have left my hands on the wheel and very calmly asked him to call his supervisor and have him come inform me of the law that would allow them to take possession of my weapon and why.



Exactly what I would have done.

[Palmetto Bug]

I think mine was an illegal search and seizure case. He had no probable cause other than me mentioning that I held a CWP, which led to being asked if I had a gun in the car. When I said I did, he told me to keep my hands on the wheel while he went around to the other side of the truck and rooted through my console to get my gun. He then, without checking anything, tucked the gun in his pants. If it had gone off, who knows what would have happened to me. The argument that it was to make him safer falls flat because he had no way of knowing if I have another gun. Holding a CWP should not mean that my rights to not be frivolously searched are abdicated.

[Capt. Tom]

I am interested to know the right answer to this question.

[walt4dun]

[Coastal12]

I am interested to know the right answer to this question.

Trust me. I am pursuing this. I did not like the fact that he wanted to "remove the weapon" while snooping around the rest of my truck.

[Mars Bluff]

I've been pulled and went through a road block while carrying. Luckily no problems. I have a friend that was pulled & the weapon was asked for & taken while the LEO wrote the ticket. Did not run the #'s that they know of.

Seems some LEO are just more comfortable with it than others.

[Coastal12]

I've been pulled and went through a road block while carrying. Luckily no problems. I have a friend that was pulled & the weapon was asked for & taken while the LEO wrote the ticket. Did not run the #'s that they know of.

Seems some LEO are just more comfortable with it than others.

Ok, but my questions are: 1. Are they allowed to? 2. What gives them the right? Remember I had not broken a law that he had proof of. Nor am I a person of suspicion.

[TJ_11]

I've been pulled and went through a road block while carrying. Luckily no problems. I have a friend that was pulled & the weapon was asked for & taken while the LEO wrote the ticket. Did not run the #'s that they know of.

Seems some LEO are just more comfortable with it than others.

I understand if this is a rights violation..

but if an officer told me that it would make him more comfortable while the traffic stop happened and wasn't going to take 20 minutes running the serial number, I would let him hold it.

[Duckkiller]

Coastal
Same thing happened to me on IOP one evening about a year and half ago. I let the lady take possession of both my guns and run a check them. I asked why and she said to see if they were stolen. That pissed me off, but I figured I wouldn't get a ticket if I did let her. 20 minutes later I didn't get a ticket and went home. Reason for pulling = no trailer lights. None worked.

[duckduckdog]

Give up your liberties one by one.... don't stand up for the things that you do not think make much of a difference, and one day, they will use these minimal erosions of your liberties as supporting evidence to take away everything you cherish. You can't feed communism as an entire pie - no one would accept it, but piece by piece they'll eat every bit.

[bill29853]

when stopped by police, i always have my lic and cwp permit held out the window with the cwp permit on top. that way they know i have a gun on me. have never been asked to remove gun or search truck, was asked to exit vechicle one time. we i asked the trooper, he stated it was to get me away from the gun in the console. have been told it is up to the officer how they handle the gun, either leave it or remove it. was also told if you show permit first thing that they like that.

I think you found a very cocky cop and he over stepped the line.

[Saltydog235]

Why do you have to tell them if you have a gun in the car? If you handed him the CWP along with your license it doesn't need to go any further than that, especially if its a traffic stop. Unless he has some sort of warrant or probable cause, say visable drug paraphenalia or open container, other than speeding, he has no right to enter your vehicle.

My wife was pulled once like that and the officer tried to bully his way into a search of her car because she had a GA permit. She refused and he got bent out of shape about it, right up until he discovered that she was an attorney and was recording the conversation on her dictation machine. He promptly handed her license and registration back and wished her the best of days.

[Jozie & Me]

Got pulled by Highway Patrol in greenville a couple of weeks back.

Officer approached and I handed him my drivers license.

He asked to see my registration as well.

I told him that I was a CWP holder however my weapon was in my console. I wanted to wait for him to approach before I reached into any compartments. I informed him that my registration was in my glove box.

He said "no problem"

I retrieved my registration card, handed it to him

He walked back to his vehicle and brought me back a warning and asked that is watch my speed.

He never mentioned my weapon nor did he ask one single question about it. His "no problem" response almost took me off guard. I was surprised.

Very good interaction with LEO.

Plus he gave me a warning!

[duckduckdog]

Why even hand them your CWP? It's not required for operation of a vehicle.

[Coastal12]

Why do you have to tell them if you have a gun in the car? If you handed him the CWP along with your license it doesn't need to go any further than that, especially if its a traffic stop. Unless he has some sort of warrant or probable cause, say visable drug paraphenalia or open container, other than speeding, he has no right to enter your vehicle.

My wife was pulled once like that and the officer tried to bully his way into a search of her car because she had a GA permit. She refused and he got bent out of shape about it, right up until he discovered that she was an attorney and was recording the conversation on her dictation machine. He promptly handed her license and registration back and wished her the best of days.

I was told that if the weapon is concealed on your person you must present the CWP permit if you are confronted by a LEO. Mine was in the glove box which means I am technically not using my permit. He asked me if there were any weapons in the truck such as knives or guns. I said yes there is a loaded gun in the glove box. That's how it started.

[Jozie & Me]

Why even hand them your CWP? It's not required for operation of a vehicle.

In my case i didnt, since I was not carrying concealed. I was transporting per SC Law. Had I had the gun in my pocket or holstered, it is my understanding that I MUST present CWP.

am I right in this?

[turbo]

In my case i didnt, since I was not carrying concealed. I was transporting per SC Law. Had I had the gun in my pocket or holstered, it is my understanding that I MUST present CWP.

am I right in this?

Yep.