Are we required to let LEO know if we are carrying concealed?

[Turkules77]

I got my Class A unrestricted last year and I have since taken more classes to understand the laws and to better my shooting. I remember the first class I asked the instructor "if I am pulled over, do I need let the officer know I am carrying?". His answer was no, don't complicate things. Since MA is so strict with gun laws, I will most likely be taken out of the car and have my firearm taken away while they run all my info. If you are clean it won't lead to anything, but its going to waste 30-45 minutes of your time. His advice was to not say a thing until asked.

I see on this site where the laws are listed for all 50 states, that some say you are required to tell the cop. But I don't see anything about MA. Whats everyones take on this? Even if its legal to not say anything, would say something anyways to prevent a complication if the officer asks you to get out of the car and finds it?

 

[cawpin]

Neither of the states I've lived in, Indiana & Arizona, have a law on the books that REQUIRES you to tell LE if you are carrying. I am not aware of a state that does.

However, whenever I have an encounter with one and AM carrying, I do tell them straight away. It lets them know that you are being up front and that you most likely mean them no harm. A LE friend of mine says it is one of the things he watches for when dealing with individuals.

In Indiana, the LE computer system will tell them if an individual has a CCW. I'm not sure if Arizona's does.

 

[dusted]

I live in MA and was told pretty much the same thing: don't say anything until the officer asks. or, if he/she asks you to step out of the vehicle. no point in making them nervous. but i'm pretty sure they'll know if you have an LTC or not once they run your driver's license anyway. i don't know that for a fact but i've been through the gun buying procedure enough to know the information is a metallic strip swipe or an electronic fingerprint away.

in effect, you've seen the show COPS or something like it in the movies, they almost always say "is there anything in the car i should know about?" that would be your cue.

luckily, the couple times i've been stopped were years before i had my LTC

 

[NavyLCDR]

in effect, you've seen the show COPS or something like it in the movies, they almost always say "is there anything in the car i should know about?" that would be your cue.

And the answer to that question would be, "No." Unless state law requires it, a law enforcement officer should not know about a firearm that is being lawfully possessed and carried. Massachusetts has no duty to inform laws. There are states that do have them, however.

Neither of the states I've lived in, Indiana & Arizona, have a law on the books that REQUIRES you to tell LE if you are carrying. I am not aware of a state that does.

Ohio:
http://codes.ohio.gov/orc/2923.12

(B) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code shall do any of the following:

(1) If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, fail to promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then is carrying a concealed handgun;

 

[dusted]

And the answer to that question would be, "No." Unless state law requires it, a law enforcement officer should not know about a firearm that is being lawfully possessed and carried. Massachusetts has no duty to inform laws. There are states that do have them, however.

Fair enough. I used the wrong question. Other taped stops I've seen the officer asks "do you have any guns, knives, nuclear weapons?" instead of "is there anything i should know about?" At which point I assume it's my obligation to inform the officer that I'm carrying a firearm? If he specifically asks if I am in possession of any weapons?

 

[NavyLCDR]

Fair enough. I used the wrong question. Other taped stops I've seen the officer asks "do you have any guns, knives, nuclear weapons?" instead of "is there anything i should know about?" At which point I assume it's my obligation to inform the officer that I'm carrying a firearm? If he specifically asks if I am in possession of any weapons?

I don't know if it is illegal to lie to a police officer in Massachusetts or not.

Personally, I would not offer the info unless asked, but I would not lie about it.

 

[dusted]

I'll agree with that. Personally, I interpret "something I should know about" as him asking about weapons/drugs/dead bodies. I'm not big on semantics. But I understand your point. I'll go with whatever the situation calls for, and what'll get me safely home.

 

[santa]

Unless the state I am in requires it I will NOT notify. I have been told some states have made it illegal to lie to an leo. While I am not sure on that, I am dead sure that you do have the 'right to remain silent' and unless required to notify that you are carrying a gun I would exersise that right. Police are usually on a 'fishing expedition' and I do not intend to help.

 

[snatale42]

NO, your not required to inform an officer unless they ask. BUT if they do ask, have your LTC on deck, Hand it to them AND THEN say yes I'm carrying concealed. At that point the legality of you carrying is no longer an issue and it should not be a stressful situation. If your in Roxbury or something you may still fly across your own hood, but aside from Boston I wouldn't worry about it. :biggrin:

 

[Rabbitcreekok]

In Oklahoma, you are required to advise any LEO that you are in actual possession of a firearm upon first contact. The LEO cannot inspect said weapon unless there is probable cause that a crime has been committed.

Other states do not have this requirement,but Oklahoma does.

A. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. No person shall be required to identify himself or herself as a concealed handgun licensee when no handgun is in the person’s possession or in any vehicle in which the person is driving or is a passenger. Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. In addition to any criminal prosecution for a violation of the provisions of this subsection, the licensee shall be subject to a six-month suspension of the license and an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Bureau that the person is in violation of the provisions of this subsection.

D. Any law enforcement officer coming in contact with a person whose handgun license is suspended, revoked, or expired, or who is in possession of a handgun license which has not been lawfully issued to that person, shall confiscate the license and return it to the Oklahoma State Bureau of Investigation for appropriate administrative proceedings against the licensee when the license is no longer needed as evidence in any criminal proceeding.

E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed.

 

[mrjam2jab]

AK, AR, LA, MI, NC, NE, OH, OK, SC, TX are the only Must Inform states.

 

[DaveSamant]

NO, your not required to inform an officer unless they ask. BUT if they do ask, have your LTC on deck, Hand it to them AND THEN say yes I'm carrying concealed. At that point the legality of you carrying is no longer an issue and it should not be a stressful situation. If your in Roxbury or something you may still fly across your own hood, but aside from Boston I wouldn't worry about it. :biggrin:

I agree with everything you said.
Luckly it has not been an issue for me to date. I live in a green town in MA so locally I don't have an issue, They where very helpfull during the LTC process.
This subject is always on my mind though every single time I carry. I must say it makes me a better driver/citizen when I am carrying, More aware of everything.

 

[Teufel]

As a courtesy to them I'll be more than happy to disclose that I am carrying regardless of where I am.

 

[NavyLCDR]

As a courtesy to them I'll be more than happy to disclose that I am carrying regardless of where I am.

I'm curious.... why are cops more deserving of more "courtesy" than other people? Do you tell your garbage man about your gun? Your garbage man is more likely to be killed on the job than a cop is. Would you tell a taxi driver that you hailed/hired about your gun? A taxi driver is 4x more likely to die due to homicide than a cop is.

 

[ARV]

No New England states have notify requirements.

 

[sambo42xa]

Let me ask part "b" of the OP. Does MA. have a system that can check if said driver has a LTC when pulled over? Now, I'm talking about the driver who already handed his/her MA. license with MA. plates and pulled over in MA.?
In NH, if you were pulled over (in NH) we were taught NOT to put your LTC "on deck". As a matter of fact, we were taught to keep BOTH hands on the wheel until instructed by LEO otherwise. If asked, you say "I have a LTC"......that's it and wait for further instructions. They run this in their system and it does show. Doesn't mean at that time you're in fact carriying, but it does give the LEO a heads up. This is why I keep both hands on the wheel. And I will do so in MA. too.
Did anyone actually answer the question yet......is there a law??

 

[Flashlight22]

Let me ask part "b" of the OP. Does MA. have a system that can check if said driver has a LTC when pulled over? Now, I'm talking about the driver who already handed his/her MA. license with MA. plates and pulled over in MA.?

No do we do not have that system. If pulled over and asked if theres any weapons in the car then we have to notify the LEO that you are carrying and licensed to then wait for further instruction.Otherwise we just give them our drivers license and registration and wait for the ticket.

 

[thedub88]

No do we do not have that system. If pulled over and asked if theres any weapons in the car then we have to notify the LEO that you are carrying and licensed to then wait for further instruction.Otherwise we just give them our drivers license and registration and wait for the ticket.

Thats not what I heard. I'm being told that when the leo runs your plates or your drivers licence, a big "C" comes up on the screen

 

[applessshch]

I'm curious.... why are cops more deserving of more "courtesy" than other people? Do you tell your garbage man about your gun? Your garbage man is more likely to be killed on the job than a cop is. Would you tell a taxi driver that you hailed/hired about your gun? A taxi driver is 4x more likely to die due to homicide than a cop is.

When was the last time a garbage man or taxi driver had the power to arrest you or take you to jail? And why are you talking to your garbage man? Shouldn't you be in bed still asleep when he comes around?

 

[applessshch]

How about the Hotel's night auditor, or the waiter at the local restaurant? They are also more dangerous jobs than being a LEO.

Aren't waiters robbers for the price of a meal or is it just the owners? And Hotel's should be arrested for the prices they charge. Shoot them, no but hold them responsible, yes.