imported post
I open carry very often and while it hasn't happened yet, I'd like to know what my rights are when I'm asked by police to surrender my weapon.
Here's an example of where I'm unsure:
Whenever I'm stopped by police I always shut the car off, turn on the overhead light, open the window and put my hands at 10 & 2. I've never been stopped when carrying but if I am and being left-handed, I'll have to roll to the right to get my wallet from my back pocket. At this point an openly carried weapon will likely become visible to the police. My plan was always to first notify the officer that I carry a valid NH pistol license and I have a .45 on my left side. Since I'm unsure of my rights beyond this point, I'd have no choice but to do whatever I'm told.
I've had friends who have been removed from the car at gunpoint at this juncture and other that have voluntarily surrendered their firearm at the request of the police for "both of their safety". I don’t know anyone who has kindly declined a request to surrender their gun.
In a situation like this, what am I obligated to do? What are my rights and how does the law protect me? If an unlawful request is being demanded even after I inform them of the unlawfulness of their request, what do I do? Drive to a police station? Submit? Insist on a supervisor? I realize I'm supposed to follow the instructions of the police but if they are giving an instruction I know is illegal and it's involving the surrender of my weapon, to me, thats another story.
If I don’t have to surrender it, I don’t plan to. I'm not one to give up rights to avoid a ticket, etc. If I did wrong, I'd prefer to pay for it with cash, not constitutional liberties.
Any input would be appreciated.
Thanks,
NHOC
I open carry very often and while it hasn't happened yet, I'd like to know what my rights are when I'm asked by police to surrender my weapon.
Here's an example of where I'm unsure:
Whenever I'm stopped by police I always shut the car off, turn on the overhead light, open the window and put my hands at 10 & 2. I've never been stopped when carrying but if I am and being left-handed, I'll have to roll to the right to get my wallet from my back pocket. At this point an openly carried weapon will likely become visible to the police. My plan was always to first notify the officer that I carry a valid NH pistol license and I have a .45 on my left side. Since I'm unsure of my rights beyond this point, I'd have no choice but to do whatever I'm told.
I've had friends who have been removed from the car at gunpoint at this juncture and other that have voluntarily surrendered their firearm at the request of the police for "both of their safety". I don’t know anyone who has kindly declined a request to surrender their gun.
In a situation like this, what am I obligated to do? What are my rights and how does the law protect me? If an unlawful request is being demanded even after I inform them of the unlawfulness of their request, what do I do? Drive to a police station? Submit? Insist on a supervisor? I realize I'm supposed to follow the instructions of the police but if they are giving an instruction I know is illegal and it's involving the surrender of my weapon, to me, thats another story.
If I don’t have to surrender it, I don’t plan to. I'm not one to give up rights to avoid a ticket, etc. If I did wrong, I'd prefer to pay for it with cash, not constitutional liberties.
Any input would be appreciated.
Thanks,
NHOC