CPL traffic stop with a gun safe


Ishkolnik

New member
Hi, in MI I am required to immediately notify the officer that have a CPL and am in possession of a firearm. Does this apply to situations when my gun is locked in a gun safe under the driver seat? If I do not notify the officer and then answer affirmatively to whether I have any weapons in the car, can I be cited for failure to immediately disclose?
Thanks!
 

MCL 28.425f states:

(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.

...

(5) An individual who violates subsection (3) is responsible for a state civil infraction and shall be fined as follows:

(a) For a first offense, by a fine of $500.00 and by the individual's license to carry a concealed pistol being suspended for 6 months.

(b) For a subsequent offense within 3 years of a prior offense, by a fine of $1,000.00 and by the individual's license to carry a concealed pistol being revoked.
 
And the key words would be:

concealed upon his or her person or in his or her vehicle.


Now, here's a little bit of information. You fail to notify the officer that you have a gun locked in a case under your seat and the officer asks if you have any firearms - you can exercise your 5th amendment right to remain silent because admitting to having the gun would be admitting to the crime of not notifying the officer. Also, only person who are legally carrying firearms can be required to notify officers. To require criminals to notify officers they were carrying a firearm in violation of the law would also violate their 5th amendment rights. But, I guess that is why the legal requirement begins with "An individual licensed..."
 

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