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Discussion Starter #1
As a newer CCW holder, I've been running scenarios through my head and can't seem to resolve the best practice for these two situations or variations when my firearm (DA/SA) is loaded in my normal carry condition (full magazine and 1 in the chamber):

1. LE, asks to secure my firearm in their possession. It seems to me that it could make them very nervous to have me unload and clear my firearm. It also seems unsafe to not safe before turning it over. I suspect, I would ask the LE how to proceed to ensure they don't get too nervous.

2. I have my sidearm on my body and am preparing to go into a school or some other gun free zone, do I unload and clear when I remove my sidearm to leave it locked in my vehicle?
 

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Whatever the LEO wants you to do is what you do.

Double check the laws, but I think clearing would be personal preference in the car. Me, I don't see much reason to, as the ammo's going to be secured with the weapon anyways.

Edit: I haven't seen a LEO yet that's had a problem with me just asking how they wanted me to deal with a firearm.
 

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1. Ask for specific direction from the officer and follow that direction, whatever it may be.

2. The more you handle the firearm administratively, the more likely you are to have a negligent discharge. This is a decision you need to make yourself. Personally, I unholster and place the loaded firearm in my vehicle vault.
 

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2. I have my sidearm on my body and am preparing to go into a school or some other gun free zone, do I unload and clear when I remove my sidearm to leave it locked in my vehicle?
Check your state laws regarding GFSZ. Generally, if you have a CCW issued by the state you are in (not a reciprocity use of CCW), you are exempt from the GFSZ laws.

The only time I unchamber the gun is if I am switching from SD ammo to range ammo.
 

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I have asked individuals to clear a shotgun or rifle when dealing with hunting violations. It was done from a distance. In most cases if I wanted a handgun or rifle cleared it would mean that I had also a reason to take control of the weapon. In that case I would clear it myself or secure it loaded. I never asked anyone to clear a handgun. If I had a reason to give it back to the individual I would clear it before I gave it back.

Yes, it would have made me nervous.

From your standpoint follow Malicious' instructions
 

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Discussion Starter #7
Thanks everyone for the feedback. The obvious answer is to do exactly as asked. I was curious if/what peoples experience is when it comes to these types of interactions. I would think, as Redfish suggests, LEO is not going to have you manipulating your handgun.

Bearone2, yes I attended CCW course. However this particular topic did not arise. I'm planning to continue my training and will ask my question then.

RE #2. I could not find anything specific regarding my loaded/unloaded while locked in vehicle within the "state laws". I follow MC's suggested procedure and is what I feel is "best" procedure for my situation. I have a locking pistol vault so it's secured. It's relatively accessible if I need it in an emergency, and I can reholster without having to do much manipulation or attention to myself. This also makes it less obvious, that I'm carrying. I have four boys in school, so I'm in and out of public school buildings quite a bit. I want to avoid someone seeing me slam a magazine in, then racking the slide and causing a panic at the school. Being inconspicuous in this setting is crucial. :)
 

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I have been stopped twice and after notifying the officer I had a concealed weapon and where it was,both officers reply was ok thanks for telling me your pistol is fine where it is.As for leaving it in the unholster and lock it up.
 

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In some states you must immediately produce your carry license (i.e., Michigan). In Minnesota, even if you are carrying, there is no obligation to show your carry permit unless asked to do so. Although, I think as soon as an LEO runs your license tabs or DL he can find out on his own.

I read about a Michigan case where an LEO had pulled someone over who produced a driver's license and then after a minute had passed remembered he was supposed to show his carry permit "immediately." Too much time had passed and he was guilty of an infraction.

It is the responsibility of whoever is carrying to know the laws of the state where they are. If your license is not valid in the state where you are traveling, federal law permits you to unload, secure and lock your firearm in the trunk, with the ammunition stored separately.

Defensive pistol classes with live fire and holster work may include role playing situations dealing with surviving a lethal force encounter and the aftermath including crowd control, police contact...and when you need an attorney.
 

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I agree with previous advice regarding how to handle encounters with LEOs. If you are required to inform them, or if you choose to, then follow whatever their directions are.

As far as gun free zones, you must have an impeccable understanding of your local, state, and federal laws. A violation, even if unintended, could result in a conviction that could cost you your job, your freedom, a ton of money, and your right to own firearms.

Honestly, if my itinerary involves the Post Office, a federal building, a school, etc, I just don't carry.

I would also caution you about the advice given above regarding CC in schools. In your state of Colorado a valid CC permit will NOT allow you to carry in schools, although you can drive through the parking lot to pick up or drop off your kids. So much as step out of your vehicle while armed, though, and you are in violation.
 
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One more thing. From our gun law attorney during our CCW class.

If the LEO is asking you to produce your weapon, ask him/her to repeat the question. Here in Ohio. It is pretty much guaranteed the LEO did NOT ask to see your gun. Last thing you want is to pull a gun in the middle of a tense situation.

Also, do not say the G word. There might be a second officer that you haven't seen and if he hear "gun", who knows what his reaction will be ! Think fresh recruit riding passenger during training.
 

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I would also caution you about the advice given above regarding CC in schools. In your state of Colorado a valid CC permit will NOT allow you to carry in schools, although you can drive through the parking lot to pick up or drop off your kids. So much as step out of your vehicle while armed, though, and you are in violation.
The advice given above (by me) was to "Check your state laws regarding GFSZ" - not to just carry. Most states do allow CC in schools if you are licensed by the state to do so - as provided in the exceptions to the Federal GFSZA.
 

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The advice given above (by me) was to "Check your state laws regarding GFSZ" - not to just carry. Most states do allow CC in schools if you are licensed by the state to do so - as provided in the exceptions to the Federal GFSZA.
While there is language in the federal GFSZA that provides for such an exemption, my understanding is that few, if any, states actually allow permit-holders to CC in schools without specific written permission from a school administrator.

Can you name some that do?
 

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I asked this question to my attorney who specializes in this field. He says that no matter if the gun is on me or in my car to absolutely do not reach for it weather instructed to or not. If asked by an officer to hand it over explain to that officer that youd feel more comfortable stepping out of your car and letting him retrieve it

Of course prior to a all this you want to make that officer as comfortable as possible with you. If you've been pulled over you want to pull well off the roadway, turn the car off, roll all the windows down (especially if you have tinted windows), have the dome light on if it's dark, have your info ready and have both hands up clearly visible... Most of all be polight/respectful and otherwise do as instructed.

As to the school property I can't comment on that.
 
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While there is language in the federal GFSZA that provides for such an exemption, my understanding is that few, if any, states actually allow permit-holders to CC in schools without specific written permission from a school administrator.

Can you name some that do?
Since the Fed law allows it, then it is allowed in all states unless that state has penal code that specifically denies it - which it appears CO has implemented. Most states have not outlawed it, thus it is allowed.

It is also allowed here in CA. There was recently a case in Bakersfield where an Asst. Principal was found to be carrying at school. Someone called the cops and they came and arrested him. Once he was down at the station, they realized he didn't break any law. He's now suing them for false arrest.
 

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Since the Fed law allows it, then it is allowed in all states unless that state has penal code that specifically denies it
I agree with this.

I disagree though that most states allow it. Most states have specific language that forbids it, even the gun-friendly Southern states.

Check here: Handgunlaw.us
 

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Concerning locking your loaded firearm in the car, check with an attorney on this. There my be some legal risk exposure should your car be broken into and the loaded gun acquired. Should the individual who now has your loaded gun, commit a crime with it, you may be implicated for not having taken the extra step of storing the ammunition in a separate, locked location.

As I said, check this out with someone who would know if there's reason for concern here.
 

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Here's a Colorado perspective for ya.

Looks like your LEO question has been handled well with many good points. I know several Colorado LEOs - and they don't agree themselves on if you should notify LE of your ccw, if you're pulled over.

Obviously, the usual a rules apply - stay in your vehicle, don't move around in your seat, nor reach for anything in the glove box or under your seat - just keep hands visible, and on the steering wheel. If asked about ccw, then comply, if not - it's really up to you...

In Colorado, placing your weapon into an 'enclosure' in your vehicle is what's required. A glove box or similar enclosure is fine - doesn't have to be locked, but must be enclosed.

Leaving your gun on the vehicle's floor, under a seat, or out on a seat, etc. is NOT legal...

Also, be aware of the mag limits that may create very unpleasant times for ya. If you're in Denver, Boulder, and a couple others unhappy cities with >15rd mags .. Well, it's gonna be a very difficult day for ya... When I have AR on-board, we just don't go there.

The sting they run is they have a city ordinance against 'assault weapons', so you are jailed and weapons confiscated. You can get your attorney to have charges dropped, as the city ordinance is invalidated by State law.

Then, when you try to claim your weapon, you're told they can return your assault weapon to you, but that since you're standing in their city - they'll arrest you for violating this city ordinance .. again...

Essentially, you lose your weapon...

Cheers
 

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Here's a Colorado perspective for ya.

. . . When I have AR on-board, we just don't go there.

The sting they run is they have a city ordinance against 'assault weapons', so you are jailed and weapons confiscated. You can get your attorney to have charges dropped, as the city ordinance is invalidated by State law.

Then, when you try to claim your weapon, you're told they can return your assault weapon to you, but that since you're standing in their city - they'll arrest you for violating this city ordinance .. again...

Essentially, you lose your weapon...
That is definitely a dilemma.

The city of Minneapolis has an ordinance regarding assault weapons that I have wondered about. I will have to examine it.

There are some state laws that vary depending on whether you have an AR15 pistol or an AR15 rifle. If its a rifle, it must be unloaded and locked away in your trunk while traveling in your vehicle. But if it is an AR 15 pistol, then it is just like any other pistol and may be in the passenger compartment fully loaded.
 

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You'll have to check your state laws; but here in MO, we can leave a loaded gun in the passenger seat and then go on ahead into the school. Leaving it there is considered "brandishing" and brandishing is legal.

Would I leave it there? No. If I go into a place that doesn't allow guns, I just take her out of holster and put her in the center console. No biggie.

I have yet to be stopped by the police while carrying, so I do not know what they would do. I have heard a lot about letting them know you currently have your "weapon" on you (as "gun" is their trigger) and then asking them how they would like you to proceed.
 
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