G&A Basics: How to Interact with Police While Carrying

mmckee1952

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G&A Basics: How to Interact with Police While Carrying

by James Tarr

I’ve been “not a cop” a lot longer than I was a cop, and have had a lot of experiences interacting with officers while armed and in street clothes, usually while working as a private investigator. I’ve had both great and horrible experiences, but have learned from all of them. Here’s some helpful advice for interacting with the police as an armed citizen.

First, second, third and most importantly, know the law in your state and any state that you’re traveling through while armed. Can you legally go into restaurants which serve alcohol, even if you’re not drinking? Can you carry inside a bank? The most important part of the law you need to know is whether you are legally required to inform any officer you’re interacting with that you’re carrying.
I live in Michigan, and we are required by law to immediately tell an officer that we’re carrying. Most citizen interaction with police officers will be during traffic stops, and if you are carrying and have a “duty to inform” the officer, put your hands on the steering wheel and calmly and politely let him know that you have a concealed carry weapon (CCW) permit—or whatever it’s called in your state, in Michigan it’s a concealed pistol license (CPL)—and that you are armed.
Try not to use the word “gun,” which is a trigger word for cops. If the officer has a partner on the other side of the car, and all the partner hears is “gun,” things could get interesting. Say you’re armed, carrying a firearm or have a pistol.

Cops are people. Some are great, but some are jerks. Some are pro-gun, some vehemently hate citizens who carry because they see them as a threat to their authority, or as a danger to the public. It is extremely important to stay calm and polite no matter what happens.
I clearly remember a case when I worked as a private investigator where a partner and I were following someone running errands all day. In the afternoon, they made a stop at a Detroit Police precinct. Well, apparently our insurance claimant had spotted our vehicles, because the next thing we knew we were boxed in by four patrol cars. The first officer bounced out of her car and walked up to my partner—knowing damn well what and who we were—and before he could say anything, she asked, “Are you armed?”

His response was “yes,” and that officer then tried to get him arrested because he didn’t tell her he was armed until she asked, thus violating the law. Seeing as both my partner and I were ex-cops, that didn’t fly at all, and the sergeant had to come down to the scene and straighten her out. Even though we had every right to be angry at the officer’s unprofessional behavior, we stayed calm and polite—in fact, that made her even angrier, and put her sergeant even more on our side.

If your state doesn’t have a requirement to notify police officers that you are armed, that’s a decision you’ll have to make. I’ve spent time in and traveled through a lot of states that don’t have a reporting requirement. Personally, I don’t feel it’s any of their business; I’m armed and they’re armed, so the only difference between us is their vocation. In those states where legal, I will only inform an officer when they’re likely to find out anyway, like during a pat-down, or if they ask me to get out of my car.

There is a strong possibility that the police officer might want to secure your gun “for their safety” until they’re done with the traffic stop. Many cops feel that they have a duty to disarm you when you inform them that you’re carrying, which is one reason I don’t unless the law requires it. While I have very strong opinions about being disarmed by someone who doesn’t have any more of a state or federal constitutional right to carry a gun than I do, the fact of the matter is if you refuse to hand over your gun, you are more than likely to be on the ground with the officer’s Glock screwed into your ear.
That said, I’ll never hand another cop a loaded gun, even if he tells me not to unload it first. I have had a Wayne County (Mich.) Sheriff’s Deputy hand me back my loaded 1911 and ask me to unload it, because she couldn’t figure out how. I had a deputy from another county treat me like a complete dirtbag until he realized there was absolutely nothing he could get me on or write me up for. Then, he had to hand me back my loaded weapon—a 1911 he couldn’t figure out how to safely unload—because he couldn’t find the decocker. Sigh.

One famous Michigan story involves an anti-gun cop right after our state passed Shall Issue legislation. She did a traffic stop on a CCW holder, and when he informed her he was carrying she demanded his gun. As he handed it over, she accidentally shot him with his own gun. He lived and she got fired, but sheesh. In my experience, the more crime there is in the area, the less the cops will mess with you or care that you’re armed—they have real crime to deal with—as long as you don’t look or act like a criminal.

Open carry is legal in more states than you would think, and in most of them—like Arizona—the cops are either pro-gun or used to seeing guns. As long as it stays in the holster, you’ll rarely have an issue in those parts of the country.

If you are ever involved in an altercation where you’ve had to draw your weapon—even if a shot isn’t fired—and the cops are called, you need to be both calm and unthreatening. Unless you’re holding someone at gunpoint, your pistol should be holstered and out of sight, or plainly visible a good distance away from you, visibly unloaded (magazine out, slide locked back). If you ever have to draw your weapon—even if you don’t point it at someone—you should contact the local police department and advise them what happened, even if the other guy ran away. There’s always the chance that the felonious dirtbag you scared away called the cops and told them you were waving your gun around, threatening to shoot him for no reason.

Plainclothes DEA agents frequently work undercover and are taught not to raise their voices when confronted by uniformed officers. They are told to move slowly, keep their hands in plain view, and in very calm, measured tones inform the officers that they are federal agents. Why? As a former cop, I can tell you if you roll up on a situation and someone starts yelling at you, no matter what he’s yelling, it’s going to escalate the situation. Staying calm and polite keeps the officers calm and polite.

Finally, if you do find yourself involved in a shooting, say only the bare minimum to the officers responding. For example, “I live here, this man broke in and I was in fear for my life, so I shot him.” That’s the most you should ever tell them before talking to an attorney. It may seem rude, and you may spend a few days in jail while they sort out the physical evidence, but that is definitely preferable to the alternative. Remember, even though the police may seem sympathetic and on your side, everything you say can and will be used to build a case against you.
 
IMO it is just plain stupid to start handing around a loaded firearm. That is exactly when an accident is going to happen especially if the officer has little or no knowledge of how a certain firearm operates. (the 1911 in the example in the article) If I have a ccw and I am armed then the safest place to keep a loaded firearm for me and the LEO is in the holster. Just saying. There needs to be better training for Officers who insist on inspecting/securing a firearm from a citizen when it is perfectly safe in its holster. Now, during a patdown is a different story and I really do not get how a regular traffic stop would escalate to that point unless there was suspicion of a crime. If I was changing my tire on the side of the road and a cop stopped I would probably let him/her know i'm armed and have a ccw due to possibly exposing a gun on my hip while changing the flat. Then I would thank them for stopping. Finally, I cannot see how a cop can be anti gun. They carry a gun. They pledged an oath to uphold the constitution and I'm certain that includes the bill of rights.
 
Great write-up. I was once a LEO and this is great advise. Once I saw a CCW permit it let me know that I was now dealing with one of the good guys. JMHO
 
Great write-up. I was once a LEO and this is great advise. Once I saw a CCW permit it let me know that I was now dealing with one of the good guys. JMHO

You actually trusted them without running the permit in your system? What would you do if the person didn't give you a permit, and you ran the drivers license and saw they did have a ccw? Would you treat them differently?
 
You actually trusted them without running the permit in your system? What would you do if the person didn't give you a permit, and you ran the drivers license and saw they did have a ccw? Would you treat them differently?

No! I would then know they were a law abiding citizen, that understood their rights and when a person understands and exercises their own constitutional rights they are more likely to respect others rights. That makes them a GOOD guy in my book.
 
Ok having dealt with le's in MD and here in Maine IT has everything to do with who and where you are. Here north of Bangor no le cares except for the flatlander state police who are not from here and are operating on where they come form like MASS these are the tools that pull over folks who have a firearm in there truck window and then run a full on terror alert. Local Le do NOT CARE who has a firearm. MD on the other hand the LE's are total nuts. I lived in Waldorf and used to drive to LaPlata to go shooting This was late 80's early 90's and if you had a gun case visible in a window they woudl have 10 cars pull you over. I know as I almost got arrested for telling them to kiss my ass I was not laying on the ground. After a hour half of that being handcuffed in the back of a cruiser having my car torn apart some of my very expensive firearms placed on the pavement including my FACTORY MP5SD MG. The suppressors got them all worked up one of the state guys came over and was telling me how much trouble I was in after telling him to blow me I told him maybe he should get a education and call the ATF! In any case a head honcho finally showed up and opened the door let me out took off my cuffs and told me have a nice day. Instructing me to pack my stuff back into my car while they waited! I filed three suits SURPRISE the DA sided with the LE's. Needless to say this was one of the major reasons I moved back to Maine where the le's are not total tools.

Last IF you shoot someone when the LE shows up you say four words ONLY " I WANT MY LAWYER" as per Massad Ayoob and his countless years of experience dealing with self defense shootings.
 
You actually trusted them without running the permit in your system? What would you do if the person didn't give you a permit, and you ran the drivers license and saw they did have a ccw? Would you treat them differently?

No! I would then know they were a law abiding citizen, that understood their rights and when a person understands and exercises their own constitutional rights they are more likely to respect others rights. That makes them a GOOD guy in my book.

But, if they were law abiding, you wouldn't have pulled them over right? If they were a responsible good guy, they wouldn't have done something dangerous enough to warrant a stop?
 
In NY there is no duty to inform so I don't act any differently unless he asks. Then I advise him as the OP recommends. Have never had an issue in many years of CCW.
 
But, if they were law abiding, you wouldn't have pulled them over right? If they were a responsible good guy, they wouldn't have done something dangerous enough to warrant a stop?

So you have never been stopped? You sound very young and not very experienced in the ways of the world.
 
G&A Basics: How to Interact with Police While Carrying

Just because someone hasn't been stopped makes them young and not very experienced in the ways of the world? That's ludicrous. I am not young but was pulled over twice before. I was eighteen proving that these encounters should be reduced greatly when you do become a little wiser to the world around you. I'm just glad that most CCW'ers are actually not trying to make an encounter with a LEO happen. Follow traffic laws and it's going to be a rare encounter that has nothing to do with your worldly experience.
 
Just because someone hasn't been stopped makes them young and not very experienced in the ways of the world? That's ludicrous. I am not young but was pulled over twice before. I was eighteen proving that these encounters should be reduced greatly when you do become a little wiser to the world around you. I'm just glad that most CCW'ers are actually not trying to make an encounter with a LEO happen. Follow traffic laws and it's going to be a rare encounter that has nothing to do with your worldly experience.

No not understanding that a responsible good guy can be stopped, makes someone sound young and not very in tune with the real world. Examples, tail light burns out on your way home from work, DUI check point, some idiot runs into you while you are driving, etc. etc. all can bring you into contact with a LEO.
 
Very good article! A few of the statements, though, will get the author labelled as a cop basher by some members of this forum.
 
So you have never been stopped? You sound very young and not very experienced in the ways of the world.

You haven't been around here very long to make those statements to those two. Investigate those guys before making that kind of statements. I think you'll find out differently. Not trying to offend you.
 
But, if they were law abiding, you wouldn't have pulled them over right? If they were a responsible good guy, they wouldn't have done something dangerous enough to warrant a stop?

Oh jeez, if you ever lived in a high crime area, you'd know that everyone either has a red suv, black sedan etc and sometimes a witness doesn't know an escalade from a cr-v and because your car is red, you fit the description and the cop wouldn't be doing his/her job if they didn't pull you over to at least check. Happened to me a few times, no big deal. 10 minutes pulled over, had a nice day.
 
No not understanding that a responsible good guy can be stopped, makes someone sound young and not very in tune with the real world. Examples, tail light burns out on your way home from work, DUI check point, some idiot runs into you while you are driving, etc. etc. all can bring you into contact with a LEO.
Or some dbag with the same color suv as you disrupting a middle school basketball game then fleeing down the street you just turned onto. Lol some people...
 
So you have never been stopped? You sound very young and not very experienced in the ways of the world.

I've been pulled over plenty of times, when I was young. I'm not saying good people don't get pulled over, I'm asking why you trust a random stranger based on just a ccw. You must be a young police officer, my suggestion is be a little more careful on traffic stops.

Lucky for me, I live in a state that does not allow dui checkpoints or required notification. I would not give my permit to an officer either unless he asked, but I haven't been pulled over in a long time, because i try to be a good person all the time, not just when I get caught. I also try and be as responsible as I can and check my vehicle regularly and keep spare fuses and bulbs in my car.
 
I've been pulled over plenty of times, when I was young. I'm not saying good people don't get pulled over, I'm asking why you trust a random stranger based on just a ccw. You must be a young police officer, my suggestion is be a little more careful on traffic stops.

Lucky for me, I live in a state that does not allow dui checkpoints or required notification. I would not give my permit to an officer either unless he asked, but I haven't been pulled over in a long time, because i try to be a good person all the time, not just when I get caught. I also try and be as responsible as I can and check my vehicle regularly and keep spare fuses and bulbs in my car.

Ok, sorry I posted in this thread.
 

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