# Georgia HB89 passes, but got some questions!



## Triple T (Dec 20, 2007)

So the new Georgia HB89 passed and signed by Gov. Perdue. Ok this now allows all abiding CCW holders to carry a load pistol in their car/truck any where now. Ok the local Chatham county, Georgia Police and Cops are stepping up enforcement during a traffic stops. One of the local TV stations said that the cops would ask if you have a gun, I would answer yes and hand them my license and CCW. 

Now here is the thing I have a question on, they said they would also ask where the pistol is and take it from you during the stop and check to see if it was legal and bring it back unloaded. Do they have the right to take my pistol with them to the police car which I have the legal right to own and have my CCW which allows me to legal carry it? I don't like this one bit cause they most likely will not take carry of it and will bring it back damaged and not care a bit and the new did not say if they would bring the ammo back also. So is this legal and can they take it from me during the traffic stop or can I refuse to give my pistol to them?

thanks for any thoughts and info on this
Timothy


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## Todd (Jul 3, 2006)

Triple T said:


> So the new Georgia HB89 passed and signed by Gov. Perdue. Ok this now allows all abiding CCW holders to carry a load pistol in their car/truck any where now. Ok the local Chatham county, Georgia Police and Cops are stepping up enforcement during a traffic stops. One of the local TV stations said that the cops would ask if you have a gun, I would answer yes and hand them my license and CCW.
> 
> Now here is the thing I have a question on, they said they would also ask where the pistol is and take it from you during the stop and check to see if it was legal and bring it back unloaded. Do they have the right to take my pistol with them to the police car which I have the legal right to own and have my CCW which allows me to legal carry it? I don't like this one bit cause they most likely will not take carry of it and will bring it back damaged and not care a bit and the new did not say if they would bring the ammo back also. So is this legal and can they take it from me during the traffic stop or can I refuse to give my pistol to them?
> 
> ...


You bought the gun legally and have the proper paperwork, right? Then there's nothing to worry about. LEO's have a dangerous job. Start off right with the guy. Roll down your window, hands on the wheel, and tell him straight off that you have your CCW and a gun located _____ and ask him how he wants to proceed. If handing over your gun to the guy and letting him run it makes him feel safer, then just turn over the gun. IMO, it's a no brainer. It's going to make the traffic stop smoother and if you're polite, you may end up chatting guns and/or might not get a ticket. Be a belligerent ass roadside attorney about turning over the gun, all you're gonna do is piss the LEO off and get a guaranteed ticket for whatever you got pulled over for and maybe more if he can think of something. Is it right and legal, who knows? But just suck it up and give the guy the gun if he asks for it.


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## Triple T (Dec 20, 2007)

yeah, but still afraid that they will not take of my pistol I spent my hard earned money on when they are really scared of people who don't have a CCW and are not following the law, so why in fringe on my rights when I have taken the right roads to carry a pistol legal. Cause criminals are not going to tell them they have a gun in the car/truck, I think giving them my CCW permit should be enough for them, why in the world would I comment a crime when I know the FBI has everyone of my fingers on file now. Still not sure on how legal it is and want to hear some others. This was only said on two channels that are linked together and the one I watch more then those two did not say they would take your gun with them.


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## Todd (Jul 3, 2006)

What are they going to do with the gun? The LEO is going to take your gun, walk back to his car, unload it, and run the serial number and your CCW. He's not going to drag it through the gravel, kick it, field strip it and lose parts, or ask you if he can shoot off a few rounds. After everything checks out, he'll come back to you with your gun, and your mag. 

No criminals are not going to tell the LEO they have a gun. But why not just set yourself up from the start as a good guy that the LEO has nothing to worry about? Even if it's not legal, are you going to get into a pissing contest on the side of the road about your rights, and probably end up cuffed with a nice view of the back seat of a patrol car, when all you had to do is smile and hand over your gun for a couple minutes? Remember that LEOs are not lawyers and each one interprets some laws differently. You may get a guy who's had a bad day and decides you can sit in jail and the judge can sort it out.


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## kev74 (Mar 22, 2008)

Todd said:


> Is it right and legal, who knows? But just suck it up and give the guy the gun if he asks for it.


That's what it all boils down to.

As a general rule, if you get pulled over, 1. Always be polite. 2. Don't volunteer any information. If he asks you if you're carrying, answer "yes, sir" and let him tell you how to proceed. Like with gays in the military, if he doesn't ask, don't tell! :anim_lol:


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## Todd (Jul 3, 2006)

kev74 said:


> That's what it all boils down to.
> 
> As a general rule, if you get pulled over, 1. Always be polite. 2. *Don't volunteer any information*. If he asks you if you're carrying, answer "yes, sir" and let him tell you how to proceed. Like with gays in the military, if *he doesn't ask, don't tell!* :anim_lol:


Not necessarily true. Some states, like here in NC, you are _required_ to inform the LEO of your CCW status, _carrying or not_, upon any contact.


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## Baldy (Jun 21, 2006)

I been pulled over more than anybody on this site more than likely. I let the officer call the shots and give due respect and you can beleive this or not but I never got a ticket against my lic. Now I got tickets for bad tires, marker lights out, and over weight but they were against the company. What's a few mintues of you time and a smile. A little respect can go a long ways. Always carry a gun that you bought new and you shouldn't have any problems.


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## niadhf (Jan 20, 2008)

Todd said:


> Not necessarily true. Some states, like here in NC, you are _required_ to inform the LEO of your CCW status, _carrying or not_, upon any contact.


excellent point todd. Here in NY i am NOT required to inform and LEO, my friend in GA says he IS required. 
What is it i see on here a lot, check the laws yourself and not get the info from (what did you call him again Todd) on handgunforums.com

I went through this a few years ago in ma (like 12 now wow time flies)
I had 1 pistol , 1 speed loader, 2 rilfes, 1 skinning knife, 1 bokken, and a pocket knife on me/in the vehicle. All went well, the LEO did hand the guns over empty. i can accept that.
The best part is telling the story of the looks on the faces of the people driving by as the LEO walked back to his car with both arms full of weapons :smt033:anim_lol::smt033

just give the leo respect, and if he drops the pistol on the pavement, well, duck, then talk to his super.


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## Todd (Jul 3, 2006)

niadhf said:


> What is it i see on here a lot, check the laws yourself and not get the info from *(what did you call him again Todd)* on handgunforums.comI


The name changes depending on my mood and whatever pops into my head. :mrgreen:


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## tony pasley (May 6, 2006)

Baldy better start exercising if your over weight enough to get pulled over.


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## fivehourfrenzy (Aug 12, 2007)

Todd said:


> field strip it and lose parts,


"Um, sir, while I was running the serial number on your gun I field stripped it and when I was pulling the barrel out, a spring and a few pins popped out and I lost them in the floorboard. So if it doesn't work whenever you go to shoot it, that's why. Sorry about your luck." :anim_lol:


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## Murdoch (Aug 20, 2007)

*niadhf * 


> Quote:
> Originally Posted by Todd View Post
> Not necessarily true. Some states, like here in NC, you are required to inform the LEO of your CCW status, carrying or not, upon any contact.
> excellent point todd. Here in NY i am NOT required to inform and LEO, my friend in GA says he IS required.
> ...


Actually, we do not have to announce in GA, unless specifically asked.


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