Nope, that’s a classic Terry stop and frisk. Weapons are what’s being “frisked” for in a Terry stop. The Terry case justifies this on the basis of officer safety and the officer is allowed to take possession of the weapon while with the person. However an officer must be able to articulate specific facts which would provide a basis to suspect that the individual may be involved with criminal activity.
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Just like other Constitutional protections of citizen rights, there are no absolutes. An armed citizen who is temporarily detained by a law enforcement officer on reasonable suspicion that a crime has or is being committed, presents a very special Second Amendment issue. Does the citizen have an absolute right to maintain possession of his legally authorized firearm during the detention and inquiry? It is a hard question but I conclude he does not. Obviously, if the inquiry leads to no arrest, the firearm should be returned to the citizen.
” Does the citizen have an absolute right to maintain possession of his legally authorized firearm during the detention and inquiry? “
That is one issue. In this case the detainee did not identify himself as being armed and upon seeing the gun, the officer removed it.
As it turned out, he was a felon in possession of a stolen gun.
Then let’s toss this wrinkle in. Let’s say the detainee was OPEN carrying, as is my personal habit. Would you conclude then that a police officer has the unilateral right to detain and disarm me? For his safety? It’s not as if there is any question about my being armed.