So I got pulled over and ticketed this weekend...

[Red_Barchetta]

So I got pulled over and ticketed this weekend...

...Sorry, wrong post...

[floogy]

Don't speed=don't get pulled over. Should have slowed down and merged behind the slow paced a-holes, then passed when the opportunity presented itself.

Most people don't know how to merge/allow others to merge. It's all me, me, me.

Not pointing that at you OP, just a personal observation from my local traffic. Honestly, it seems to me that people don't even realize that there are other cars in the road, and they can't/don't want to look past their hoods. Don't get me started on the electronically addicted jerks that can't put the phone down.

You have missed the point the OP was trying to convey. Clearly his CCW was the reason he was detained and searched. Being pulled over for speeding is not probable cause to search, neither is the legal carry of a weapon. No probable cause, no search. Complying with the CCW requirement of notifying LE that you are carrying is again not probable cause of breaking the law to justify the search.

Unless there was probable cause we are unaware of, a minor traffic violation is not probable cause for anything. Sounds like we're going to have to wait for some poor guy with his CCW to get roughed up to bring this into the courts before LE will stop making arbitrary decisions about our so-called "rights". Unreasonable search and seizure anyone?

[Old_Bald_Guy]

So I got pulled over and ticketed this weekend...

Nothing. I got a fix it ticket. My point was they can and will pull you over for anything they like.

Not having a current registration sticker on your plate is a valid reason to stop you. That's not "for anything they like;" it's a real reason.

[Old_Bald_Guy]

So I got pulled over and ticketed this weekend...

This is incorrect~~~ Believe it or not, in California we are not obligated to disclose we are concealing a CCW. Its really up to us to determine whether or not we should hand over our permit.

No, it's up to the IA.

And don't forget you have 5 days to write your letter to your county of issue that your weapon was disclosed.

Huh? Source?

No such requirement in my county. We advise of any LE contacts when submitting the renewal application.

[Zedrek]

The thing that bugs me is the treatment after being notified of having a gun. If a bad guy has intentions of harming an officer are they really going to announce beforehand that they have a gun? Pretty doubtful.

[Zedrek]

That's not correct. You're IA can require it. For example if you get your CCW through the City of Fresno you are required to disclose with any LE contact. If you get it from the Sheriff you are not.

Kern County has to notify LEO also.

[HUTCH 7.62]

Sounds like a case of police brutality to me. Report the offending officer.


I can see an officer being rude or authoritative up until the officer has secured the firearm. After that there is no need to be a dick.

BTW an LEO friend of mine actually prefers dealing with CCW holders and wishes more people carried. For the mere reason that CCW= law abiding citizens.

[floogy]

Sounds like a case of police brutality to me. Report the offending officer.


I can see an officer being rude or authoritative up until the officer has secured the firearm. After that there is no need to be a dick.

BTW an LEO friend of mine actually prefers dealing with CCW holders and wishes more people carried. For the mere reason that CCW= law abiding citizens.

Being rude or authoritative is not a violation of the 4th amendment though. Not that I expect an officer to be unprofessional, but it's not specifically prohibited in the Bill of Rights. It's not against the law to be rude. Unreasonable search and seizure is wrong to the very core of our country's values. Notifying an LEO and giving him your gun while talking to him isn't unreasonable. Notifying him and then as a result being handcuffed, detained and searched is.

Mark my words, something will happen with some cop(s) beating the crap out of someone who is just complying with the stipulations of his or her permit and the whole thing goes to court over civil rights.

Nothing against cops in general, but they can be just as human and stupid as anyone else. Add a badge and some misguided authority complex and you have something that is all too common. Cops often have a difficult and thankless job, but they also have a responsibility to uphold the Bill of Rights and CA law.

[Mark49]

No, it's up to the IA.


Huh? Source?

No such requirement in my county. We advise of any LE contacts when submitting the renewal application.

All counties require that if your weapon is displayed/ discovered or viewed including a law enforcement agency, you must write a letter to the issuing agency. They should have gone over that in your CCW class... They repeat this over and over in SBCSD

[anchor3n1]

I don't think so

All counties require that if your weapon is displayed/ discovered or viewed including a law enforcement agency, you must write a letter to the issuing agency. They should have gone over that in your CCW class... They repeat this over and over in SBCSD

How come you know what each county requires? I'm not sure why you speak authoritatively on this like your some CCW expert or penal codes/ gun laws attorney. Or are you?

[thayne]

All counties require that if your weapon is displayed/ discovered or viewed including a law enforcement agency, you must write a letter to the issuing agency. They should have gone over that in your CCW class... They repeat this over and over in SBCSD

Not in Fresno county...

[Mark49]

The simple reason the issuing agency requires you to write a (hand written) letter is liability purposes. It protects you and the issuing agency.
This has been policy in many southern California counties for years. Maybe some don't require it? To be safe I would check with your county or city.

Just for the heck of it lets go with the original OP situation, he states he was detained, and put inside the patrol car.

The CHP felt that the speeding driver abused his authority of his CCW and chooses to report it to the agency that issued it. Now you have his word only on the circumstances that took place. Now if you jotted down before hand your explanation and delivered it to your agency they would have it already for review with no surprises!!!.
I have several friends all from different counties, we all aware if our weapon is knowing seen, or if god forbid un-holstered and viewed we are required to just note it and drop off a line to our issuing agency.

If you un-holster your concealed weapon in public or in view of others and some yahoo reports it in California and walk away without a report please post the results, I would like to hear what year if any you'll get your CCW back.
To the original OP I would call or drop off a note briefly describing your encounter with that CHP officer.
Last question, was your class taught by a LEO?

[Doheny]

All counties require that if your weapon is displayed/ discovered or viewed including a law enforcement agency, you must write a letter to the issuing agency. They should have gone over that in your CCW class... They repeat this over and over in SBCSD

Not sure how you can say all counties require something unless it's codified somewhere, which it's not. If it was, it would be the penal code requiring it.


.

[JonW]

Not sure how you can say all counties require something unless it's codified somewhere, which it's not. If it was, it would be the penal code requiring it.
.

It is in our OCSD terms of license, but under these circumstances, I question whether it really needs to be reported. The final sentence in the section below states you must include the circumstances of your "use" of your weapon. I would argue that in this case, the weapon was never used.


Excerpt below from: http://ocsd.org/civicax/filebank/blo...x?BlobID=31605

2). If contacted by a sworn peace officer for any reason, license holder shall immediately show their CCW license as proof that they are carrying a concealed weapon.
3). License holder shall surrender the CCW license and/or concealed weapon to any sworn peace officer upon demand.
4). License holder shall not unnecessarily display or expose the concealed weapon or license.
5). Should the license holder display or utilize the concealed weapon for which the license has been issued, the license holder shall notify the Commander of PSD within five days. This notice shall be in writing, and shall include the circumstances resulting in the use of the weapon.

[Jed Meyers]

I was searched top to bottom VERY thoroughly and then put in the back of the squad car while he ran my info.

"Searched" or "patted"? That's a big difference, cause from your story officer did not have a reasonable cause to search you.