Can Randolph traffic lawyers explain if an officer can seize a weapon during a traffic stop? Yes!
Many people lawfully carry a firearm with them, and sometimes it can be awkward when an officer asks that they hand it over. They may wonder why, or it may make them feel as if they’ve done something wrong. Thus, there is sometimes tension during a routine encounter with officers if the encounter involves a firearm. The best thing to do if you are ever pulled over and you lawfully carry with you a firearm is to disclose it to the officer almost immediately. In fact, it is a law in North Carolina that if you have a concealed handgun permit and you are armed, that you disclose this to the officer. If you’ve had an issue involving a firearm seizure by an officer, you should speak with a Randolph traffic lawyer today for more information!
In general, an officer may ask if you are carrying a firearm with you. This is mostly for their own safety. The real question is after you disclose the information to them, may they briefly seize the weapon for the duration of the stop even if you are not perceived as dangerous? There is no specific rule regarding this, but in general a court will allow the brief seizure of a weapon by an officer for their protection. It is important to note that if an officer has reasonable suspicion to believe that a driver is armed and dangerous, they may definitely seize the weapon. This is true even outside of the car. For example, in a Terry stop an officer can seize a weapon if a person is reasonably likely to be involved in criminal activity and is armed. In this context, it does not matter whether the suspect is legally entitled to have the weapon or not. For more information about the seizure of a weapon or firearm, you should speak with a Randolph traffic lawyer today!
Speak with a Randolph traffic law attorney today if you have questions about the seizure of a weapon by an officer! The attorneys at Garrett, Walker, Aycoth, and Olson know the requirements of the law and also genuinely care about each case presented to them. Call at 336-379-0539 today; we are here to help!