Inform the officer or not when concealed carry?

[torontogunguy]

This is not a simple subject - I know what I would do and what Mas Ayoob suggests doing as a LEO. But perhaps some good training is called for here. And practice. The last thing we want is for you to be fumbling around when stopped. Best your hands be on the steering wheel in plain sight, motor turned off, etc. Put the window down when you see the LEO exit his vehicle. AND DO NOT attempt to reveal or present the handgun when the officer is with you. As you can see a complex matter and one that requires some solid training?

If I am asked to present my firearm or put it away my response is going to be to ask the officer if he would mind removing it from me rather than me removing it.

And I of the opinion that I will always tell that I have a permit and am carrying. It may get me held up but it won't get me shot.

 

[rom]

Now that Texas has no penalty for not informing an officer that one is carrying a gun, I wouldn't inform them now. Unlicensed individuals may have a handgun anywhere in their vehicle (including on their person) as long as its concealed, and are NOT required to inform an officer that they have a handgun. So why should a CHL holder inform them?

 

[torontogunguy]

Now that Texas has no penalty for not informing an officer that one is carrying a gun, I wouldn't inform them now. Unlicensed individuals may have a handgun anywhere in their vehicle (including on their person) as long as its concealed, and are NOT required to inform an officer that they have a handgun. So why should a CHL holder inform them?

As a matter of courtesy. To prevent kissing the pavement if your carry is spotted or comes up on a license check. Etc. Most (not all) LEO's appreciate the courtesy according to Ayoob and (my opinion) it might even save you a ticket for a busted tail light.

If you decide NOT to tell, remember that the right to search requires good cause or a warrant. Once you agree to "may I have a peek?" you cannot retract it. You have given your permission to search and have relinquished your rights. If they think you have a bag of whatever in your privates, that too is included in "may I have a peek for myself?". Just remember that.

The classes I have taken in CWP and lethal force encounters, etc., have covered off much of this sort of material and were worth every penny paid for them. I am due for some refresher courses at some point... it pays to be sharp and knowledgable on your rights and how to act when in an unfamiliar situation.

 

[rom]

As a matter of courtesy. To prevent kissing the pavement if your carry is spotted or comes up on a license check. Etc. Most (not all) LEO's appreciate the courtesy according to Ayoob and (my opinion) it might even save you a ticket for a busted tail light. ...

You have a valid point. Technically, its still required here in Texas, but there is no penalty. So the more I think about this, its probably a good idea to inform the officer in most if not all circumstances.

 

[torontogunguy]

All I can tell you is that I have always taken the stand of telling especially when crossing the border where it is required by law to declare such things and I have yet to even have the vehicle searched... the most is "open the tailgaite", which I did and when they saw my two minisafes, one for the gun(s) and one for the ammo, I was good to go. I was amazed as I had asked if they wanted the safes opened and the response was 'no - have a nice day' and a wave.

I have always taken the tact of simply including my CWP/CHL when handing over my drivers license, etc., have always made sure that my wallet was in hand before the LEO approached, my hands were in plain sight, never fumbled for anything during the approach, turned off the engine, opened the window as soon as the LEO got out of his car, etc. All of this was, I have no doubt, appreciated by those that stopped me and interestingly, I have never received a ticket for any infraction, likely as a result.

Just some food for thought and not necessarily an opinion or suggestion.

 

[Daugherty16]

Another way of looking at it - someone carrying illegally will certainly not inform the officer. By notifying up front and presenting your CCW, you automatically move into a different category of citizen - someone who obeys the law (hence the CCW) and respects the LEO's difficult job. You can't prevent a rough time if you've been stopped by an officer who for whatever reason simply doesn't like citizens to have guns, but i think the vast majority will (whether they outright acknowledge it to you or not) greatly appreciate the courtesy of your giving them that information and allowing them to "control" the encounter.

The flip side - having them discover your CCW by running your DL, or worse, having them find your pistol by visual or physical search - is sure to be a much more difficult encounter and i can't think of a single way that you could turn it back to a positive experience for either of you. Even though we all know that we legal CCW's present no danger to the LEO whatsoever whether we notify or not.

 

[mrjam2jab]

Another way of looking at it - someone carrying illegally will certainly not inform the officer. By notifying up front and presenting your CCW, you automatically move into a different category of citizen - someone who obeys the law (hence the CCW) and respects the LEO's difficult job. You can't prevent a rough time if you've been stopped by an officer who for whatever reason simply doesn't like citizens to have guns, but i think the vast majority will (whether they outright acknowledge it to you or not) greatly appreciate the courtesy of your giving them that information and allowing them to "control" the encounter.

The flip side - having them discover your CCW by running your DL, or worse, having them find your pistol by visual or physical search - is sure to be a much more difficult encounter and i can't think of a single way that you could turn it back to a positive experience for either of you. Even though we all know that we legal CCW's present no danger to the LEO whatsoever whether we notify or not.

the way i read this....and might not be the way you meant it...but it seems to me you're saying you are a better person than I because you would inform the LEO and i would choose not to....

 

[AvidshooterTX]

Here in TX one is required to give both DL and CC to the officer (if carrying). Actually this usually relaxes the LEO because they then know they're dealing with someone with a squeaky clean record. I have been stopped on several occasions. Each time I was carrying and complied with the law, of course. None of the officers ever asked for my firearm and on the last occasion I had a nice chat with him about my Camaro, among other things. Interestingly, they recently changed the law so that anyone can have a concealed weapon in their vehicle. In a strange twist of the legislative process those with carry permits still have to disclose while those without have no obligation to let the officer know. Weird, huh? When I lived in PA there was no requirement and I never said anything because I didn't see any need to alarm the officer (since in PA they are not used to being told). However, if any stop had ever escallated to the point where I was asked to leave the vehicle, which never happened, then I would have told the officer for my own safety.

 

[ga.glockdog63]

I'm not a LEO, but I have to agree totally with Deputy Dave. Great read sir.........

 

[Daugherty16]

Definitely not what i meant

the way i read this....and might not be the way you meant it...but it seems to me you're saying you are a better person than I because you would inform the LEO and i would choose not to....

Nothing of the kind. I wrote it badly if that's what you took away from it. I'm simply saying that, in my little world, the way i personally see things, it makes sense to notify. I respect and also agree with many, if not all, of the reasons folks give when they take the opposite approach. Here's one of my prior posts:

I think this thread has gone as far as it is going to go. There are clearly different opinions about this, and i very clearly understand and support - despite my last post - your right NOT to inform where that is legal. I simply choose to do inform, as the best course for me. Someone asked, what about anything else i'm carrying in my pocket. Well, all i can say is your Bic lighter isn't a firearm. People, even LEOs, maybe especially LEOs, get nervous or worse around OPF (other people's firearms).

I agree that it is illogical for a LEO to be more concerned about lawful carry than about the hoodlums who carry illegally. So, the last thing to say is, obey the law, and keep carrying.

Overarching this entire discussion is the sad fact that we law-abiding folks, who believe in self-sufficiency and empowerment, are misunderstood and even mistrusted by many LEOs and a great many fellow citizens.

 

[Bobwithoneo]

I have a CCW In Nevada and Oklahoma. Nevada to answer the Off. questions. In Oklahoma you must notify the Off. you have a CCW license and if you are carring or not

 

[Montducati]

I'm new to this forum (first post) and have just submitted my application for a CCW in the state of Connecticut. I had a range permit when I was a NY resident about 10 years ago but never was in a situation where I needed to inform a LEO that I had a permit.

Does anyone know what the CT requirements are during a traffic stop? I was told in training that you should keep both hands on the wheel and inform the LEO that you have a CCW; however, it wasn't stated if it is required or just good practice.

 

[ALUCARD]

to me,imho.weather or not i have to , i definitely would.i taught the family if they r ever driving with guns to the range ,give the officer your drivers license & foid card & tell them u have a weapon & ammo in the car.it's just the right thing to do

 

[utimmer43]

I'm new to this forum (first post) and have just submitted my application for a CCW in the state of Connecticut. I had a range permit when I was a NY resident about 10 years ago but never was in a situation where I needed to inform a LEO that I had a permit.

Does anyone know what the CT requirements are during a traffic stop? I was told in training that you should keep both hands on the wheel and inform the LEO that you have a CCW; however, it wasn't stated if it is required or just good practice.

It is not required by law in CT.

 

[Daugherty16]

Montducati - welcome to the forums and to CT gun ownership.

CT law does not require you to notify the officer. That is the central point being discussed here - whether or not notification is a good idea. There are many valid points on both sides of the discussion.

CT law requires that you obtain the permit in order to take a pistol anywhere except to your home or your place of business directly from the point of purchase. And just to obtain that certificate you have to go 90% of the way through the permit process; for another few bucks i strongly recommend getting the permit. At least then you can take your pistol to a range and learn how (or practice) to shoot it. And heavens - you might want to buy another. What a ridiculous law that would allow you to buy a handgun but forbid you to actually practice with it - but that's what we have until we get it changed.

Of course, under Federal law you are allowed to transport your unloaded, cased pistol out of state to a place you are legally entitled to possess it.

 

[osmosis]

If its not required - dont do it!

Just remember that you were trying to be "friendly" while they have you face down on the pavement in cuffs trying to sort things out...

 

[joelevi]

Officer comes to the door and asks for your license and registration... Do you inform him that you are in possession of a concealed handgun or not?

I am not a lawyer. The following is my opinion.

First, find out the law in your area. If the law required you to notify, abide by the law.

There are two schools of thought on what comes next.

One says don't tell the officer anything more than what you're legally required to and exercise your right to remain silent.

The other says to be open and cooperative.

It's up to you to decide how to proceed.

If you are in a state that requires a permit to carry a firearm, when the officer asks you for your license and registration also pass him/her your carry permit. If they then ask you if you are carrying a firearm you can reply that you have a permit and are legally allowed to do so. It's not answering their question per se, but it is notifying them that you are legally allowed to do so.

If they ask again, you can either respond by asking "am I legally required to answer that?" or answer specifically in a manner such as "my sidearm is on my right hip".

Remember, when you answer, you are required to answer truthfully; HOWEVER, LEOs are under no such requirement to be truthful to you. Furthermore, anything you say WILL be used against you. So unless you're asked specifically, it's best not to answer; in other words, don't volunteer information.

- JoeLevi.com, Link Removed

 

[mrjam2jab]

I am not a lawyer. The following is my opinion.

First, find out the law in your area. If the law required you to notify, abide by the law.

There are two schools of thought on what comes next.

One says don't tell the officer anything more than what you're legally required to and exercise your right to remain silent.

The other says to be open and cooperative.

It's up to you to decide how to proceed.

If you are in a state that requires a permit to carry a firearm, when the officer asks you for your license and registration also pass him/her your carry permit. If they then ask you if you are carrying a firearm you can reply that you have a permit and are legally allowed to do so. It's not answering their question per se, but it is notifying them that you are legally allowed to do so.

If they ask again, you can either respond by asking "am I legally required to answer that?" or answer specifically in a manner such as "my sidearm is on my right hip".

Remember, when you answer, you are required to answer truthfully; HOWEVER, LEOs are under no such requirement to be truthful to you. Furthermore, anything you say WILL be used against you. So unless you're asked specifically, it's best not to answer; in other words, don't volunteer information.

- JoeLevi.com, Link Removed

My problem with bolded...is that you are saying anybody who does not inform is not be cooperative...

 

[torontogunguy]

CT law does not require you to notify the officer. That is the central point being discussed here - whether or not notification is a good idea. There are many valid points on both sides of the discussion.

CT law requires that you obtain the permit in order to take a pistol anywhere except to your home or your place of business directly from the point of purchase. And just to obtain that certificate you have to go 90% of the way through the permit process; for another few bucks i strongly recommend getting the permit. At least then you can take your pistol to a range and learn how (or practice) to shoot it. And heavens - you might want to buy another. What a ridiculous law that would allow you to buy a handgun but forbid you to actually practice with it - but that's what we have until we get it changed.

Of course, under Federal law you are allowed to transport your unloaded, cased pistol out of state to a place you are legally entitled to possess it.

Check out that Federal Law again.... my understanding is that it entitles you to transport from a place where you are legally entitled to possess same to another place where you are legally entitled to possess same, and that there is plenty of dark grey spots inasmuch as it does not address, for example, long trips where you are going to stay in a hotel or motel overnight. Personally, I have two Harbour Freight minisafes in the back of my Ford Flex; one for unloaded handguns and the other for magazines and ammunition stored seperately. They are pushbutton locks and I carry the backup keys on my car keychain and never hand them out to anyone I don't want to have access to my firearms. I have never had a problem except once when I was inspected after advising how I was transporting - asked to open the backhatch - LEO took a look, shook his head and waved me on. THAT is why I always hand over my permit with my D/L and registration. It is a common courtesy and I have yet to speak to or meet a LEO that does not appreciate the courtesy.

Just my opinion and there are obviously many - most of which are correct in their own right. This is just the way I do it... and it works for me. And I do a heck of a lot of driving from state to state (probably more than 98 percent of the population).

 

[Daugherty16]

Any shorthand is going to omit certain factors

but rather than cite the entire statute, i'll just provide the citation and folks can look it up at their leisure.
The Firearms Owners Protection Act of 1986 (FOPA)can be found at:18 USC Section 921 et seq. or public law 99-308 : http://uscode.house.gov/download/pls/18C44.txt

Here's a link to the NRA-ILA summary guide for interstate transportation of firearms: Link Removed

And here is an excellent detailed review of the FOPA: THE FIREARMS OWNERS' PROTECTION ACT: A HISTORICAL AND LEGAL PERSPECTIVE

This email doesn't puport to provide legal advice. Consult an attorney for that.