Gun in car w/o SC CWP?

[AndeyHall]

I called SLED yesterday to make sure that if you have you CWP, the duty to inform law only applies when you are carrying. However she then stated that if you do not have your CWP and you have a gun in the car, you MUST notify the officer of that. I then pulled up all the gun laws on SLED's website and it makes absolutely no mention of that on the entire page. Any LEO's on here know for sure? And I don't mean what you think you know (not bashing, that just tends to be the case a lot of the time), but what you can actually prove by citing the law itself.

 

[LMmarine86]

You are absolutely right. There is no law that backs up what she states. The way she actually states that, though, it makes me think that she thinks that you don't need to inform the officer if you have a CWP, but yet you do if you don't have one. The opposite is true.

These are the laws I would follow, regardless of if an officer tells you otherwise. Some officers either aren't familiar with the law (not due to any fault of their own - there are tons of laws) or they have a hatred of citizens being armed.

Also, remember that you are only bound by the CWP aspect of the law if you have the weapon on your person while driving. If it is in a glove box or console, then the CWP is irrelevant. Honestly though, I always notify the officer anyways. I may not be legally required to, but them knowing is much better than them discovering it and getting trigger happy around me.

The below applies to anyone carrying in a vehicle. Nothing in this entire section says anything about notifying the officer. It even goes as far as to say that it is not violated if the compartment is open in front of an officer to retrieve your papers.

SECTION 16-23-20.
(9) a person in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver’s license, registration, or proof of insurance;

The below is for us CWP holders.

SECTION 23-31-215.
(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 of Chapter 31 of 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. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars.

 

[kelcarry]

LMarine86 is absolutely correct. Personally, and there are those who feel otherwise, regardless of the location of my firearm, I am going to inform an LEO that I am armed as required (CCWP and firearm on me) or not required (no CCWP and firearm located in my closed console, glove compartment or trunk).

 

[NavyLCDR]

and here we go into the notify or don't argument when not required by law....

 

[runningrabbit747]

trigger fingers

and here we go into the notify or don't argument when not required by law....

I've seen many videos of leo pulling guns on people when they do find out..would you want to get shot and then have one to answer to later, If you live ??? why take that chance...

 

[AndeyHall]

Why would they find out? And why would they pull their gun on you, let alone pull the trigger when they simply find the gun in your vehicle despite the fact that you have not threatened them in any way at all? Good way for the cop to land himself in prison for a very long time!

 

[NavyLCDR]

I've seen many videos of leo pulling guns on people when they do find out..would you want to get shot and then have one to answer to later, If you live ??? why take that chance...

I've been pulled over no less than 12 times in 30 years. I have never had an officer ask about any firearms, I have never mentioned any firearms, and no officer has ever pulled a gun on me, regardless of if I was carrying at the time or not. Firearms have never been an issue in any of my numerous traffic stops. I won't live in fear of what a police officer might do because I am in lawful possession of an object. Maybe you should also tell them right up front that you are NOT carrying a firearm when you aren't, just to put them at ease....

If the officers out there are soooo concerned about firearms, then that should just be the first question they ask, 10 extra seconds, "Do you have any firearms or other weapons in the vehicle." If they aren't concerned enough to ask, I am not going to raise that concern.

 

[LMmarine86]

Why would they find out? And why would they pull their gun on you, let alone pull the trigger when they simply find the gun in your vehicle despite the fact that you have not threatened them in any way at all? Good way for the cop to land himself in prison for a very long time!

Hmmm, I don't know... Why would officers shoot into a truck with two women inside when they are looking for a black man? Are you trying to say that because a cop is a cop, that he/she should be trusted to not get scared or overreact? Their actions may land them in prison, but the question is, am I alive or dead when that happens??

You follow the law and don't notify them, sounds good to me. I choose to notify them always, it is what it is and there really isn't a wrong way unless it is against the law, correct?

 

[AndeyHall]

Why would they find out? And why would they pull their gun on you, let alone pull the trigger when they simply find the gun in your vehicle despite the fact that you have not threatened them in any way at all? Good way for the cop to land himself in prison for a very long time!

Hmmm, I don't know... Why would officers shoot into a truck with two women inside when they are looking for a black man? Are you trying to say that because a cop is a cop, that he/she should be trusted to not get scared or overreact? Their actions may land them in prison, but the question is, am I alive or dead when that happens??

You follow the law and don't notify them, sounds good to me. I choose to notify them always, it is what it is and there really isn't a wrong way unless it is against the law, correct?

Do they have x-ray vision? I mean if I should notify them for my safety then people who don't have one should notify the officer they don't have a gun so that they don't accidentally get shot also. The only way he would find out is if he searched. That can't happen without probable cause, so unless they give me a damn good reason or produce a warrant they will never be allowed to search my truck.

 

[NavyLCDR]

Hmmm, I don't know... Why would officers shoot into a truck with two women inside when they are looking for a black man?

And that happened because the two women failed to notify the officers?

it is what it is and there really isn't a wrong way unless it is against the law, correct?

I tend to think there is something inherently wrong when private citizens fear what police action will be in response to perfectly legal behavior.

 

[LMmarine86]

Do they have x-ray vision? I mean if I should notify them for my safety then people who don't have one should notify the officer they don't have a gun so that they don't accidentally get shot also. The only way he would find out is if he searched. That can't happen without probable cause, so unless they give me a damn good reason or produce a warrant they will never be allowed to search my truck.

I'm not debating what you do... All I said was what I DO. You can do what you please, and I can do what I please. Just because we do things differently does not mean either of us is wrong. I only originally responded to back up your post. The woman at SLED was wrong - there is no law that states that you need to notify an officer if you don't have a CWP and have a loaded firearm in the car.

 

[LMmarine86]

And that happened because the two women failed to notify the officers?



I tend to think there is something inherently wrong when private citizens fear what police action will be in response to perfectly legal behavior.

I wasn't saying that is why it happened. AndeyHall asked why would they pull their gun or even pull the trigger. My point in that comment was to show that there is no way of knowing what is going to spook the officer. It may be that he hears you have a loaded gun, it may be because you had your cell phone in your hand and he thought it was a gun. There is no telling.

You might think there is something inherently wrong with it, but wake up. It's the world we live in today.

 

[r1derbike]

Please read your state laws regarding this. Then decide what avenue you will follow. If they are vague or you don't understand them, get clarification.

If something does go awry, a weapons charge is not taken lightly by the courts, and may cost personal freedoms.

Really? Is a case where unfortunate ignorance of the law worth the consequences? Rambo LEOs aside, there is a journey clause in the AR laws that allow transport of a weapon with no CHCL with certain stipulations that must be met. Remember the old Boy Scout motto; Be Prepared?

There is no excuse not to be informed of your states' laws regarding sidearms and long guns.

 

[AndeyHall]

Please read your state laws regarding this. Then decide what avenue you will follow. If they are vague or you don't understand them, get clarification.

If something does go awry, a weapons charge is not taken lightly by the courts, and may cost personal freedoms.

Really? Is a case where unfortunate ignorance of the law worth the consequences? Rambo LEOs aside, there is a journey clause in the AR laws that allow transport of a weapon with no CHCL with certain stipulations that must be met. Remember the old Boy Scout motto; Be Prepared?

There is no excuse not to be informed of your states' laws regarding sidearms and long guns.

No the laws are perfectly clear and I understand and have read up on them 100%. But I was just curious because this is what someone at SLED told me. Someone who should definitely know better.

 

[AndeyHall]

But my idea on the whole notification is that it just seems so pointless because if you consider yourself law-abiding enough to tell him with no worries, then you probably are not doing anything enough to constitute a lawful search. Therefore, unless they searched your vehicle, which you should never let them do if they do not have probable cause, there's no reason they should ever know. I think gun ownership is a private matter. I mean the officer no harm therefore the gun is not relevant in the traffic stop.

 

[NavyLCDR]

But my idea on the whole notification is that it just seems so pointless because if you consider yourself law-abiding enough to tell him with no worries, then you probably are not doing anything enough to constitute a lawful search. Therefore, unless they searched your vehicle, which you should never let them do if they do not have probable cause, there's no reason they should ever know. I think gun ownership is a private matter. I mean the officer no harm therefore the gun is not relevant in the traffic stop.

And, if you do inform them, you have just given them lawful authority, under Terry v. Ohio, to remove you from the vehicle, frisk you, and search the immediate area of the vehicle from which you can obtain another weapon, all without your consent.

 

[kelcarry]

and here we go into the notify or don't argument when not required by law....

Guess what NavyLCDR? I am just as argumentative as you are and I have an opinion that happens to agree with those you disagree with. Don't want a part of it? Fine. We will always agree to disagree, but when you make comments with that "here we go again" attitude, you are not doing anyone any favors. The "here we go" pertains to you, as well. If the "again" is too boring for you, go to the next thread and comment. I surely understand your point of view and I would hope you can appreciate the fact that many have a very different view of what the police are all about and what they do and they do not feel they are abdicating their "constitutional rights", even though you do. Personally, the way things are going in this country right now, my suspicions are such that I am developing a more skeptical attitude about law enforcement, not so much by local police who I happen to know and respect (that goes for the Chief and the Sheriff and their officers), but by state or out of state police who I do not know, as this country hurdles down the road to fascism/communism/socialism (pick a word, I am tired of trying to figure them out--they all stink) and a potential narcissistic, moslem dictator.

 

[NavyLCDR]

Guess what NavyLCDR? I am just as argumentative as you are and I have an opinion that happens to agree with those you disagree with. Don't want a part of it? Fine. We will always agree to disagree, but when you make comments with that "here we go again" attitude, you are not doing anyone any favors. The "here we go" pertains to you, as well. If the "again" is too boring for you, go to the next thread and comment. I surely understand your point of view and I would hope you can appreciate the fact that many have a very different view of what the police are all about and what they do and they do not feel they are abdicating their "constitutional rights", even though you do. Personally, the way things are going in this country right now, my suspicions are such that I am developing a more skeptical attitude about law enforcement, not so much by local police who I happen to know and respect (that goes for the Chief and the Sheriff and their officers), but by state or out of state police who I do not know, as this country hurdles down the road to fascism/communism/socialism (pick a word, I am tired of trying to figure them out--they all stink) and a potential narcissistic, moslem dictator.

My point was this. What the OP asked for was strictly what the law requires and nothing more:

I called SLED yesterday to make sure that if you have you CWP, the duty to inform law only applies when you are carrying. However she then stated that if you do not have your CWP and you have a gun in the car, you MUST notify the officer of that. I then pulled up all the gun laws on SLED's website and it makes absolutely no mention of that on the entire page. Any LEO's on here know for sure? And I don't mean what you think you know (not bashing, that just tends to be the case a lot of the time), but what you can actually prove by citing the law itself.

But, some people cannot resist the urge to express their personal opinion:

LMarine86 is absolutely correct. Personally, and there are those who feel otherwise, regardless of the location of my firearm, I am going to inform an LEO that I am armed as required (CCWP and firearm on me) or not required (no CCWP and firearm located in my closed console, glove compartment or trunk).

Which then just opens the door wide to start the same argument all over again.

 

[LMmarine86]

My point was this. What the OP asked for was strictly what the law requires and nothing more:



But, some people cannot resist the urge to express their personal opinion:



Which then just opens the door wide to start the same argument all over again.

I guess I would understand that, If I hadn't provided the law. This is a forum, FILLED with personal opinion. The OP was actually trying to find a law that lines up with what the SLED individual stated. There is none.

I think the OP stating what you underlined was meant as a, don't come on here and try to say that I have to notify a cop and not bring proof. He wanted to see it in writing that he has to. I gave the law and said there is no law stating that it is required unless you are concealed carrying with your CWP. I then stated my common practice. So what? You have been stating your opinion this entire thread.