Here we go again with the traffic stop....thanks Luke!


N

NavyLCDR

New member
[h=1]Why Concealed Carriers Don’t Need To Stress Out About Getting Pulled Over[/h]https://www.usacarry.com/concealed-carriers-stress-out-pulled-over/

The safest place for my gun is in the holster with nobody touching or handling it. The most likely way that the gun is going to stay in the holster is to keep my mouth shut about it. If I tell the officer about my gun when I am not required to by law, I am inviting them to take it from me and handle it needlessly placing everyone at risk from a negligent discharge. I will not endanger myself or others when it is not required. If the officer wants to know if I am armed, all they have to do is ask. If they are not concerned enough to ask about it, I am not concerned enough to bring it up myself.
 

Well the most important principle is not to get pulled over.

That means you obey all traffic and speed laws.

And you don't drive drunk.

And you check your tail lights periodically to make sure none is burned out.

Cops need a reason to pull you over. Don't give them a reason to do it in the first place.

If you do get pulled over, and you did something to deserve it, the cop is normally going to ask you "do you have any weapons?"

You cannot lie. You must answer truthfully. Lying to a cop is a crime in itself.

But I agree -- don't volunteer the info either.
 
What are you guys doing to get pulled over? I last got pulled over in '08 and I don't think the whole stop took 10 minutes.

Cop walked up to my car said " Good afternoon, I'm trooper Soandso of the Colorado State Patrol. The reason I stopped you today was excessive speed, I clocked you at X in a Y zone. I will be citing you for your speed today, may I have your License, registration and proof of insurance please."

10 minutes later he came back to my car, handed me my paper work and my ticket and explained it to me. Then he said "Please keep your speed within posted limits sir, have a nice day."

That was the whole stop. Guns never even came up
 
First and foremost .... know the laws of the state you are carrying in!!!!

Sad to say the law in Michigan requires a CPL holder who is armed to disclose that information without being asked by the officer first whenever being "stopped" by police. "Stopped" is not limited to traffic stops but also includes Terry stops. The operative word is "stopped". Truth be told "stopped" really means "detained" whether legally or not.

https://legislature.mi.gov/(S(f3pbs3qlqpgb1w2fuesuqsr5))/mileg.aspx?page=getobject&objectname=mcl-28-425f&query=on&highlight=cpl

FIREARMS (EXCERPT)
Act 372 of 1927


28.425f Concealed pistol license; possession; disclosure to peace officer; violation; fine; notice to department; suspension or revocation by county clerk; entry into law enforcement information network; seizure by peace officer; forfeiture; "peace officer" defined.
-snip-
(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol or a portable device that uses electro-muscular disruption technology and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol or a portable device that uses electro-muscular disruption technology concealed upon his or her person or in his or her vehicle.
 
My state sends you a letter with your CFP and the letter says they "recommend" that you mention it if pulled over. So here it is not a requirement of the law.

The last time I was pulled over was over a burnt out bulb on my car tag.

He told me to get it fixed. He checked the registration and my license though, and insurance, like any ordinary stop.

I did not get a ticket, luckily.

If a bulb burns out it is technically your fault for not maintaining your vehicle properly.

And their job is to pull people over anytime they see a violation of any kind, and then they are supposed to check everything -- check for car theft -- check for fugitive on the run etc. That's how they caught McVeigh. He did not have car tag or a concealed carry permit for his handgun under his jacket. That got him into jail. While he was in jail the FBI found out he was in jail and hauled him in for interrogation. He then confessed.
 
I've never been stopped but my state, SC, requires this:

Title 23 - Law Enforcement and Public Safety

CHAPTER 31

Firearms

ARTICLE 4

Concealed Weapon Permits


(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer:

(1) identifies himself as a law enforcement officer; and

(2) requests identification or a driver's license from a permit holder.


Code of Laws - Title 23 - Chapter 31 - Firearms
 
What is disturbing about these "duty to inform" laws is that they do nothing to make police officers any safer during a stop.
 
NavyLCDR said:
What is disturbing about these "duty to inform" laws is that they do nothing to make police officers any safer during a stop.
Click to expand...
True! Any criminal that has the intent to do harm to a cop isn't going to say anything about having a gun so that whole duty to inform thing is just plain stupid.
 
If you have a duty to inform under statutory law, I would just hand the cop the CFP with the drivers license, registration, and insurance card.

Then be prepared to step out of the car and have your gun (pistol or revolver) disarmed from you.

The cop will write up the citation, and probably unload your gun before he finally hands it back to you.

Of if you are DUI you probably will never see the gun again.

Best thing is not to get pulled over. Best way is not to break the law.
 
Bikenut said:
True! Any criminal that has the intent to do harm to a cop isn't going to say anything about having a gun so that whole duty to inform thing is just plain stupid.
Click to expand...

If there is a duty to inform law in effect, and you don't inform the cop, then when/if he/she sees your gun they will draw on you, and you might even get shot if you don't exactly comply with instructions next.

Best thing is always to obey the law -- stupid law or not.

Stupid laws come from stupid legislators who were elected by stupid people.

Calif, NYS, Mass., NJ, and certain cities like Chicago and DC are loaded with stupid people and stupid laws like this.
 
HKS said:
If there is a duty to inform law in effect, and you don't inform the cop, then when/if he/she sees your gun they will draw on you, and you might even get shot if you don't exactly comply with instructions next.

Best thing is always to obey the law -- stupid law or not.

Stupid laws come from stupid legislators who were elected by stupid people.

Calif, NYS, Mass., NJ, and certain cities like Chicago and DC are loaded with stupid people and stupid laws like this.
Click to expand...

Nobody is advocating breaking the law. There are only about 10 states with the useless "must inform" laws. In those states, follow the law. In the other 40 states that don't have these laws, the author of the article referenced in the OP thinks you should tell the officer about your license and gun anyway. I disagree. This is the reason given in the article for telling:

"The reason I say to inform the officer is because you’re giving him the knowledge and the choice as to how to proceed. It’s a ton better than if he sees your gun flop out of the glove box when you reach in to get your registration. More importantly, it’s communicating to him that you value both of your safety. As complete strangers, neither one of you necessarily know if you can trust the other. What you have, as a common ground, is common courtesy."

I say if the officer IS going to see the gun anyway, such as if the gun is in the glove box for whatever reason and you have to get your registration from there, then yes, inform him about it. But if the gun is concealed in a holster on your belt, I say keep your mouth shut about it. If the officer isn't likely to see it anyway, telling them about it is only going to invite them to disarm you, which is a danger to everyone involved. If the officer is concerned about you being armed, then it should be on them to ask about it.

And here's another interesting point about "must inform" laws: they can only apply to people who are legally carrying a gun. The "must inform" law cannot apply to a person illegally carrying a gun because it would violate that person's right to remain silent in order to not be confessing to a crime and self-incriminating.
 
You know, Luke makes bank every time someone clicks his click bait and here's Ol' Navy advertising for him.
 
NavyLCDR said:
Nobody is advocating breaking the law. There are only about 10 states with the useless "must inform" laws. In those states, follow the law. In the other 40 states that don't have these laws, the author of the article referenced in the OP thinks you should tell the officer about your license and gun anyway. I disagree. This is the reason given in the article for telling:

"The reason I say to inform the officer is because you’re giving him the knowledge and the choice as to how to proceed. It’s a ton better than if he sees your gun flop out of the glove box when you reach in to get your registration. More importantly, it’s communicating to him that you value both of your safety. As complete strangers, neither one of you necessarily know if you can trust the other. What you have, as a common ground, is common courtesy."

I say if the officer IS going to see the gun anyway, such as if the gun is in the glove box for whatever reason and you have to get your registration from there, then yes, inform him about it. But if the gun is concealed in a holster on your belt, I say keep your mouth shut about it. If the officer isn't likely to see it anyway, telling them about it is only going to invite them to disarm you, which is a danger to everyone involved. If the officer is concerned about you being armed, then it should be on them to ask about it.

And here's another interesting point about "must inform" laws: they can only apply to people who are legally carrying a gun. The "must inform" law cannot apply to a person illegally carrying a gun because it would violate that person's right to remain silent in order to not be confessing to a crime and self-incriminating.
Click to expand...

Do you have a list of the 10 states? Knowing that would be good to know.

I just wonder if it includes Wash State, Idaho, Montana, Wyoming, Colorado, Nevada, or Arizona?

Those are states that I might travel to for business or on vacation.

I already know that Calif, Oregon, and N.M. do not honor my out of state CFP with reciprocity so no reason to ever go there.
 
HKS said:
If you have a duty to inform under statutory law, I would just hand the cop the CFP with the drivers license, registration, and insurance card.

Then be prepared to step out of the car and have your gun (pistol or revolver) disarmed from you.

The cop will write up the citation, and probably unload your gun before he finally hands it back to you.

Of if you are DUI you probably will never see the gun again.

Best thing is not to get pulled over. Best way is not to break the law.
Click to expand...

Not always true. I got pulled in MI last summer, as Bikenut states, must inform. I told him, he said thanks, asked where I was carrying. Informed him and he said if I promise not to touch mine, he wouldn't touch his.
Gave me a warning and as handed back my license asked what type holster I used. Told him and he said good choice, hated seeing people with a weapon just tucked in a pocket or waist of their pants.

That was it, polite and professional on both sides, short and painless.
 
HKS said:
If you have a duty to inform under statutory law, I would just hand the cop the CFP with the drivers license, registration, and insurance card.
Click to expand...
In Ohio that could get you arrested, charged, prosecuted and your CHL pulled.

Ohio requires VERBAL notification, in a "timely" (undefined) manner.

Don't make sweeping generalizations about other states' laws based on yours.
 
HKS said:
Best thing is always to obey the law -- stupid law or not.
Click to expand...
Does that apply to cops too?

In Ohio, one is required to notify a cop that one has a CHL (or recognized equivalent) IF and ONLY if, BOTH of the following conditions exist:
  1. one is stopped for a law enforcement purpose.
  2. one is ARMED. NO notification is required if NOT armed.
Needless to say, cops here sometimes "push the envelope" and demand to be notified when you AREN'T armed. I had one try that with me. I refused. I always will.
 
HKS said:
Do you have a list of the 10 states? Knowing that would be good to know.

I just wonder if it includes Wash State, Idaho, Montana, Wyoming, Colorado, Nevada, or Arizona?

Those are states that I might travel to for business or on vacation.

I already know that Calif, Oregon, and N.M. do not honor my out of state CFP with reciprocity so no reason to ever go there.
Click to expand...

"Forty-eight states issue concealed carry permits to private citizens; only Illinois and Wisconsin deprive their citizens of the right to carry. Of the 48 governments that allow citizens to carry concealed after specified conditions are met, only 10 (Alaska, Arkansas, Louisiana, Michigan, Nebraska, North Carolina, Ohio, Oklahoma, South Carolina and Texas) require armed CCW permit holders to advise law enforcement officers–officers who are acting in an official capacity–that they are CCW permit holders and that they are armed."

I don't know if this is still acccurate.

Read more: Link Removed
 
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