Decision to make if an officer pulls you over for a routine traffic violaiton


Tell or not to Tell


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    123
Yes, I did. They had a little status board behind the desk with the room numbers and little magnetic guns. She put one of the guns over my room number. She said not to worry, in the event of robberies, that would direct the criminals to the rooms farthest away from the guns.

That is some funny right there.
 

Originally Posted by unclewayne17

In Michigan we tell the officer we are licenced and whether we are carrieing at the time.

Why bring it up at all if you are not armed at the time???

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Because in Michigan it's required at the BEGINNING of a traffic stop. There was a court case where an individual didn't becuase the law wasn't clear. They amended the law to make it clear. You must inform even though they usually already know and will certainly know when they run your license. You must inform even if you are not carrying.
 
Because in Michigan it's required at the BEGINNING of a traffic stop. There was a court case where an individual didn't becuase the law wasn't clear. They amended the law to make it clear. You must inform even though they usually already know and will certainly know when they run your license. You must inform even if you are not carrying.

You will be able to provide a citation to this law that you are alluding to? The written and published statutes do not agree with your statement(and I don't see how the bold and underlined part could be any more clear than it is):

Michigan Legislature - Section 28.425f

28.425f Concealed pistol license; possession; disclosure to police officer; violation; penalty; seizure; forfeiture; "peace officer" defined.
Sec. 5f.

(1) An individual who is licensed under this act to carry a concealed pistol shall have his or her license to carry that pistol in his or her possession at all times he or she is carrying a concealed pistol.

(2) An individual who is licensed under this act to carry a concealed pistol and who is carrying a concealed pistol shall show both of the following to a peace officer upon request by that peace officer:

(a) His or her license to carry a concealed pistol.

(b) His or her driver license or Michigan personal identification card.

(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.
 
I have to admit you are right on the law. I was relying on the law classes I took which the first was in 2004. There may have been some "advice" included there, if the law hasn't changed. If you are a Michigan CPL holder they will know as soon as they run your license and officers will know about it when they return to your car. Fortunately, I've never had the oportunity to try this out the past seven years as I haven't been stopped for anything.
 
I'm in Fla, from what I understand I don't have to tell the LEO's anything about my gun, but I would just hand him/her my CCW along with my drivers license. Wouldn't want any suprises!
 
Since HR-822 passed, now we will have to know the law in 49 States if we get pulled over packing. E-gads, my memory won't allow for it.

I think all States should go back to the 2nd the way it was intended instead of turning this thing into a cash cow. Instead of making us pay and carry a card around for something we already have a right to do, make the bad guys carry a card that says they don't have the right!
 
I am in Pa and I have a legal CCW permit and have my handgun under my carseat. What is the best practice in the situation when. a state trooper/local officer pulls you over for a routine traffic violation? In a split second you have time to assess the attitude of the officer and determine if you come forward and inform him you possess a legal CCW license and have a weapon under the carseat or do you say nothing and leave things more or less up as chance? What do the experts say and what are the pros and cons? I would be interested in some of you fellow officers opinions and/or preferences...Tell or not to Tell?

In MN we are required to notify 'Upon Request' of a peace officer. But that doesn't matter because all MN speeder maids are trained to precede any conversation with the generic 'Do you have any weapons, guns, hand grenades, bazookas in the car' line. Meaning everytime you are pulled over in MN you are 'de facto' required by law to inform them that you are armed pursuant to MN Statute 624.714. (Subd 1.B - Section D)

Still, the onus is upon the officer to ask if you are armed.

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(d) Upon the request of a peace officer, a permit holder
shall disclose to the officer whether or not the permit holder
is currently carrying a firearm.

Not a big deal.

I am not sure the implications of an officer asking if there are any 'Illegal' weapons in the car and not informing, but I wouldn't want to be the test case.
 
Since HR-822 passed, now we will have to know the law in 49 States if we get pulled over packing.

1. HR-822 has not passed.
2. What exactly will change? You already must abide by the state law of whatever state you are physically present in already, regardless of if your out-of-state CCW permit is recognized or not.
 
The poll should have the option "I avoid driving behavior that would get me pulled over". A CCer can't convincingly claim he has good situational awareness if he frequently speeds.
 
As Florida doesn't require it to be disclosed unless asked, why stir up troubles? Back when I took my law enforcement classes, which was way before Florida had CCW, the first thing stressed was always assume that a person is armed when doing a stop. 37 years later when I got my license, the Sheriff's Deputy told me they assume the same. For a simple traffic stop, they don't even ask. In the case of some State Troopers, they actually get madder if you tell them or hand them the license. Our DL and our CWorF license are not linked and are controlled by two different State Agencies.
 
I have yet to have a bad experience with a LEO so...I will always inform. If I am roughed up or my rights violated my attorney will deal with it and I will get new toys with the settlement money
 
I have yet to have a bad experience with a LEO so...I will always inform. If I am roughed up or my rights violated my attorney will deal with it and I will get new toys with the settlement money
My lawyers would do the same if the bad experience came from a LEO violating my rights. The 4th and 5th Amendments plus the Florida Constitution and laws would take care of any attitude about not offering it right up front. Surprising how many are willing to give up a Right. And yes, I'd get some new toys too.
 
I have yet to have a bad experience with a LEO so...I will always inform. If I am roughed up or my rights violated my attorney will deal with it and I will get new toys with the settlement money
That's like saying you won't carry a gun until AFTER you're robbed or assaulted.
 
That's like saying you won't carry a gun until AFTER you're robbed or assaulted.

Please read the thread again -- that is not what festus and S&W645 meant... :(((

Actually, mom, in the post by festus that Deanimator quoted, I think that analogy is valid. It sounds to me what festus was saying is that he has no problem waiving his Fourth Amendment rights and providing information regarding his identity, carry permit and lawfully carried firearm voluntarily to a police officer without any legal obligation to do so. At this point, he is doing nothing to exercise or protect his 4th Amendment rights. Just like a person not carrying a gun is doing nothing to protect themselves from robbery or assault.

Then, after his voluntary waiver of his 4th Amendment rights results in abuse by the police officer, he will seek an attorney, AFTER the fact, to try to seek justice. Like a person who goes out and gets a gun after an attack.

Now, it seemed like S&W645 said exactly the opposite. He said that he would protect his 4th Amendment rights by not offering information not required by law. Then, if his refusal to waive his 4th Amendment rights results in abuse by the officer, he will contact an attorney to seek justice.
 
I've already made my decision. I'm going to use my right to remain silent and not say a word. A lot of people don't think about it, but the LEO doesn't have to inform someone of their right to remain silent for that right to apply.
The 5th Amendment guarantees that I have the right to not incriminate myself. If some places are treating carrying a firearm as a potential crime, why are they basically forcing people to incriminate themselves. This is a violation of the 2nd, 5th, and 9th Amendment.
 
Don't see what all the hub-bub is about. Most States require you to inform if CC'ing, some do not. In those that don't, I would inform. Just me, my decision, my call. Fully respect those that exercise their God given rights to not inform. I will say though, if and when the LEO finds out that you have concealed anything, let alone a weapon. He'll sure as heck going to escalate the stop no matter what you'll say after the fact. ME, I just wanna get along. Legally that is and make nice-nice to the officer. Again, just me. MOST of these guys are the good guys.
 
Don't see what all the hub-bub is about. Most States require you to inform if CC'ing, some do not. In those that don't, I would inform.

Only 10 states require you to inform. 40 do not. Rumor is that Ohio is changing their law to not require it do to the Harless incident.

I will say though, if and when the LEO finds out that you have concealed anything, let alone a weapon. He'll sure as heck going to escalate the stop no matter what you'll say after the fact.

I am living testimony that is not a given. When the LEO that stopped me for speeding saw my openly carried firearm in my holster on my belt after he asked me to exit the vehicle, he didn't say or do anything about it. I did not inform him of my CPL or my gun prior to exiting the vehicle. Granted, this was after he had run my license and knew that I was a Navy officer.
 

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