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Concealed Carry License

Started by Lex, July 16, 2008, 05:45 PM NHFT

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ColdSoul

Quote from: doobie on July 17, 2008, 11:42 AM NHFT
My question is...how does one retain legal possession of their firearm if they are detained?  So far I've been lucky and they just wanted to know where it was and to keep my hands away from it...

I am not a lawyer, and so this isn't legal advice, but I have been certified in the "Laws of Arrest" known as PC 832. From my understanding there is "stopped" "detained" "arrested", basically you are only supposed to be stopped if one of 2 things is happening, a) your breaking the law, b) the officer had legal reason within reasonable doubt that you have or will commit a crime. If you are stopped you can be patted down for weapons, since California isn't a open carry state it wasn't covered but I will assume that since your legally carrying they can't take your weapon at this stage unless they start detaining you.

Then there is detainment where you can be placed in cuff's though I was trained the officer must state before they place the cuff's on the person they are only doing so for there safety and that they are not under arrest. It would make sense they could possibly legally take your weapon at this point until they release you or arrest you but they must have prob. cause.

Then there is arrest were they may do a full patdown / search, and they can legally put cuffs on you.

Again, I am not a lawyer and this is not legal advice, this is information I was trained for my work as a peace officer which I was legally required to known for my previous position.