Say you were concealed carrying in your new car and just so happen to be pulled over. You let the officer know that the weapon is in the glove box with your insurance. He clears the weapon and sets it on the hood. Stop goes very smooth and you head home (after getting the weapon back). But say you get home and the weapon has scratched your hood. Is there any way the officer is liable for the damage to the paint?
concealed carry in a nice car hypothetic situation
- Thread starter hudson231
- Start date
No. Good luck trying to prove that he was the one that scratched your paint.
Just always carry a nice big MF towel with you. Hand the officer the towel first as soon as he comes up to your window. Tell him it's for him to put your CC weapon on after he clears it so that it doesn't scratch the paint.
I can't imagine that anyone would refuse.
I can't imagine that anyone would refuse.
Was he playing air hockey on your hood? The gun shouldnt have moved if he put it on your hood.
And no, as stated above, you'll never be able to prove it was the gun that scratched your hood. Just get the area touched up and move on. No biggie.
And no, as stated above, you'll never be able to prove it was the gun that scratched your hood. Just get the area touched up and move on. No biggie.
I would not let the officer put anything on the paint.
dash cam showing cop sat on hood needed for proof
Just laughed out loud...
Just curious, I have seen videos from both police and civilians of drug dogs being lead around cars, over the hood, across the trunk, over the roof, and scratching at the doors. Are police departments responsible for any damage done by these dogs, or are the owners left to foot the repair bill?
Do police usually take a weapon from a ccw holder? I have never had one ask for my weapon. They ask me where it is located in the vehicle and tell me to leave it where it is. I always have my ccw out when they come to the window.
This will typically depend on the officer. Me personally, I normally don't bother asking if they have a valid CCW permit. Our courts do a pretty thorough background, and will even revoke permits if the person does something to disqualify them. I will ask if they are carrying and where they are carrying at just for my safety.
Why is the officer disarming you in the first place?
It would be easy to scratch the hood with the gun if care was not taken placing and picking it up. I would think the gun would also show signs of scratches and pretty sure a forensic expert could match it.
Either way a dick move - if the cop saw it was a new car why put the gun directly on the hood? Only morons do that kind of thing. At my house I instruct anyone that visits to place their keys on the table cloth - not the red maple surface of the dining table. Some people are really ignorant when it comes to scratching / damaging other people's stuff. I wonder how the cop would feel if someone did that to his brand new car?
If you have a permit then there shouldn't be a cause for the officer to take possession of your weapon and clear it out (unless you were detained). I could name off a lot of things wrong with that scenario, safety being the biggest one.
Technically, if an officer has you pulled for a traffic violation, then by legal definition you ARE detained, meaning you are NOT free to leave.
^This. A traffic stop is not like a mere encounter. It is a detention. I could understand refusing a request by an officer to turn over your sidearm if it was just a chat on the street, but a traffic stop is much more than that. I always request that if a person has a weapon on their person or within reach in the vehicle that it is turned over to me until the conclusion of the stop. If they want to sue me for it...so be it, I'm going home at the end of my tour.
Which CSI episode was this?
So in essence, you don't want anyone carrying a weapon in the car. I don't want LEOs carrying their weapons in churches, on my property, etc. but they do anyway.
If you or someone else can find me a statute stating that a civilian must turnover their weapon to an officer upon request please post. Police work is 95% gray area but this issue is black and white to me. You serve the public, I don't serve you. LEOs have entirely to much power in today's society. Not trying to flame or bash LEOs and it's just my opinion. Not to mention, if a person in a non high risk routine traffic stop tells you beforehand they have a weapon and a permit, I highly doubt they plan to pull it out and shoot you. That's like saying, "officer I have two fists and I am about to punch you with one of them here shortly." If you get a call about the person flashing a weapon or domestic violence or of course murder, those are different circumstances. Pulling someone over for rolling through a stop sign and take my weapon after I have the courtesy of telling you I have one in the vehicle, give me a break.
Sorry if I derailed OP
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Where to begin... First please don't put words in my mouth. You are of course entitled to lawfully carry in your car. So "in essence" you are wrong. It sounds like you have a serious issue with the function of police in our society and a media enflamed vision of how bad we are, if so this is not the thread to discuss it. Despite what you may think you know, there is no such thing as a "routine" low risk traffic stop. More cops are killed doing traffic stops then any other activity they perform. Officers are afforded a certain amount of latitude for purposes of officer safety when it comes to dealing with someone who is armed, lawfully or unlawfully because you (the person who is detained) have every advantage. You know that I am a police officer. I don't have any idea of who you are. I dont know if you are the nicest person in the world or you just axe murdered someone. Until I find out otherwise, I'm treating the situation with the utmost caution for my safety. So I approach you and you tell me you have a weapon a permit...great. I'm very happy you are exercising your constitutional right, however I dont have a computer database built into my head and due diligence requires I go back to my vehicle to check said permit and verify your ID on my computer because, far be it from anyone to carry a fraudulent document. In the meantime, I'm going to hold that weapon for safe keeping for your safety and mine. When I come back to you with a citation or warning or whatever and I've determined you are who you say you are, then the weapon is returned back to you. If you think this is police abuse of power... you would be wrong.
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How many times have you or any other officer in your agency been shot at while doing a traffic stop? Not trying to be a smart ass but curious how often it happens in your agency.
The main issue I have with LEOs is the amount of power they are given after going through a simulated weekends off bootcamp for 10-12+ weeks.
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