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What to do about CCW if arrested

1714 Views 12 Replies 8 Participants Last post by  Dale
Ok, say for some reason someone gets arrested or otherwise have an encounter with police, not doing anything wrong or at least nothing violent. What should they do concerning their CCW? If you don't say anything and they pat you down and find it, I'm afraid they'd become unneccessarily violent. But if you announce that you have a gun, they could see that as a threat. Can you expect that if you're being compliant they'll listen as you explain that you're legally carrying?
After they presumably take it from you, and then you're found to have done nothing wrong, how do you get it back? I for one would be unhappy about my multi-hundred dollar custom pistol being tossed around and stored in poor conditions.
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Let them know ASAP that you are LEGALLY armed, give them your permit,or tell them where it is. If they ask for ID,give them your drivers license and permit,and STAY COOL. Don't make cops nervous. If you have done nothing wrong,they should give it back,remember YOU ARE LEGAL! Unless your in Denver,then they will just shoot you anyway,and if you turn your back on them,they just shoot you in the back.
In Arizona it's very common for motorists or individuals to have firearms on them and LEOs are trained to expect it.

If you're in a vehicle the driver should alert the Officer they have a weapon in the vehcile as soon as practicle. More than likely the Officer will simply ask where it is and if it's loaded. The answer to the later is no.....and in Arizona loaded is one in the chamber.

Most everyone has a loaded magazine already in it ready to go.

If you don't have a CCW permit the weapon needs to be in plain view with at least a part of the gun visable.

It can be in a holster but the rule is a part has to be showing.....even if it's only the hammer.

If you have a CCW permit then the wisest thing to do is simply inform the Officer, "I have a CCW permit in my wallet and I have a gun on me."

Some blurt out they have a gun (to be followed by the fact they have a permit). Well, you can imagine that most people will only alert to the words that you have a gun so it's much wiser to open the comment that you have a CCW permit so that it's clear they hear that first.

Arizona has a reciprocal CCW enforcement meaning they will recognize anyone from another state that has a CCW law and the laws that pertain in their state.

I've heard horror stories about Arizonans being in other states that have a CCW being hassled by the other states especiially in Utah even though the other state has a CCW law.

Most Officers around here are pretty savy to carrying situations unless, of course, you are the subject of a crime, then it's can of whoop *** time first and then sort out the legalities later, just as it should be.
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Ah yes

Originally posted by wes
YOU ARE LEGAL! Unless your in Denver,then they will just shoot you anyway,and if you turn your back on them,they just shoot you in the back.
Would that be the famed, Denver, 5 warning shots?

I miss Arizona's open carry laws. Where else can a Colt Combat Comander be a fassion statement? At any rate. I'm not an expert & the above advice sounds good, but don't they let you know what to do when they issue the permit? Seems like everyone should be on the same sheet of music.
In TX you have to present it when presenting your regular ID to a cop. If you don't, you risk having the license revoked. I'm pretty cool about it though. I completely support a good man's right to carry. Often, the CCW holder is very nervous as he/she tells me about it. I tell them to relax and that they have made a good responsible choice in obtaining the license.
what about a revolver do you have to keep it unloaded.or keepit on an empty cylinder.?

In Arizona even one round in the cyclinder is considered loaded.

Not sure about other states as laws vary.
that sucks. oh hang on Mr killer let me load my pistol.
Can't you carry loaded with a permit? I know a guy who carries cocked and locked.
Here we are allowed to carry loaded guns but it must be cospicously carried, not tucked under your belt or something. A carry bag or pouch is enough.

Yeah Sniper,the Police shot a guy in the butt,they said he was pointing a gun at them,the Doctor said the way the wound was,there was no way he could have been pointing a gun at them. He won the lawsuit.

I think it's time for a little clarification on the loaded weapon issue and I was referring to vehicle transport in my original post.

Before I begin Arizona has some terribly gray areas in their laws, as you might see later.

Most of the gray areas are those argued among law enforcement and Attorneys, of course, so you might find one cop who goes to one side.....then run into one that is on the other side. And Attorneys and Judges alike.

Arizona is considered an open carry state. Except in prohibited areas (National Parks, Indian Reservations, bars, public areas with no gun signs, school grounds, etc.) part of A.R.S. 13 allows for carry and transporting of weapons loaded OR unloaded, concealled legally or otherwise.

However, there has been much arguement in the term loaded. Some interpret loaded as having a magazine or clip in the gun with no round in the chamber (in the case of a revolver rounds in all the cylinders except top dead center) whereas the other side argues that loaded means having a round chambered or in the cylinder aligned with the barrel in the case of revolvers.

So, I think you can see the confusion....what do you do? It's a matter of interpretation and court cases have set precedence both ways so it's not clear cut.

The same law also addresses the carrying of firearms which has gray areas. But, the rule of thumb is that any carried weapon must be in a holster (that leaves out walking down Main Street with an AK47 lol) or it's considered concealled.

Now the law says that in the case of non-carry permit situations, a portion of the holster must be showing to be considered not concealled while another part refers to if the handgun is unholstered then a portion of the gun must visible. But, if the handgun is being CARRIED and ONLY a portion of the handgun is showing it's considered concealled. Well the arguement now is is transporting a form of carry or does carry mean on the person?

So, the recommendation is keeping the handgun holstered when carried whether on the person (which is legally required anyway) or in a vehicle (which is not a legal requirement).

Fanny packs do not qualify as holstering devices.

Then there are the issues of accessability while carried in a vehicle as far as if it's concealled or not but I won't get into that.

And, yes, in Arizona, you can carry loaded, one in the chamber with a CCW.

Tommy, since all states are subject to different wording I suggest becoming thoroughly aware of your state's laws and a quick call to your state Attorney General Office should put you on the track of finding your state laws on line, if you haven't already.

I hope this has made the terribly muddy waters just slightly muddy, LOL.

BTW, Tommy, contrary to popular opinion, LEOs do not know every law and what one does over another is based on what they know or the lack of knowledge. See what I mean?
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