I see and read about the issue of what to do if pulled over by a LEO but my question goes beyond this. My son is 16 and has had his license for a bit over a year. I ride with him frequently as I make him drive when ever we go somewhere. My question is, if he gets pulled over, how should I respond or should I as far as carrying concealed? My son knows I carry but I have been thinking about what I should do if he is pulled over while I am with him. Any help or thoughts on this issue will be appreciated.
Passenger in vehicle that gets pulled over. How to respond?
- Thread starter bcm9463
- Start date
Hope those replies answer your question. Did you really find it necessary to ask this question if you already have your CCWP? Do yourself a favor and read your state's gun laws again. As mentioned, if your state is a "must inform", the criteria, depending on the wording is that if your interaction with the police is in his official capacity you are required to inform--(that is obviously different than standing in line at a McDonalds and talking to the LEO behind you). Maybe it is a fine line between him questioning the driver and you as the passenger, but if you own the vehicle--all that is in it is your responsibility and it would be prudent to inform regardless of the additional replies from members who will state 2A and the constitution in their entirety and tell you no.
wolf_fire
New member
ID does not have a duty to inform. If you are carrying concealed, I assume you have obtained the state's "permission slip" to do so. Then you are fine without disclosing any information to the officer, and I would do just that... not tell him anything.
As a side note, if you are carrying open in a car, you do not need to have the state's permission slip in ID.
My question to you: if your son were not driving, what would you do?
Entirely different question because if his son weren’t driving the cop would be interacting with him directly. It would also be entirely different if the OP was in any other vehicle. If the son is driving on a permit the father who is riding shotgun is going to be drawn in as in "you were teaching him why did you let him speed?"
Rocketgeezer
New member
Come on guys, its not rocket science, if there's no law to inform and the dad was not driving, there should be no issue,
wolf_fire
New member
Do you find a need to argue every thing I post.
The father, regardless of whether he was driving is still in the car and he asked what sort of interaction he would have with the officer. This is why I asked my question to him. Yet for some reason you answered it for him instead. It's an extremely valid question to ask whether he would inform or not when he is the driver. I'm assuming he would do exactly the same as if he was the passenger. Why in the world would he do something different?
Regardless of his seating position, I still have the stance it is more prudent to keep your mouth shut about whether you are carrying something that is not illegal on you. It makes no one safer by telling, in fact it could make the situation a whole lot more unsafe.
I am not trying to argue everything you post, that’s what the Breakfast Club does.
I saw what you were driving at and I think I misspoke, let me clarify.
Regardless of who is driving, I see no reason for the OP to disclose his armed status unless he is directly asked “Are you armed?” by the cop; that wouldn’t change.
The point I was making though was that any interaction while the son was driving would be different from a normal interaction because as soon as the son hands over his permit the cop can be reasonably expected to bring dad into the conversation. In fact in most states a learner’s permit requires that the permitee be accompanied by a licensed driver 21 years of age or older so you could expect the cop to ask dad for his credentials at that point.
That wouldn’t change my position, don’t disclose unless legally required to do so I was just pointing out that it wouldn’t be a normal traffic stop.
For those who claim that it is "polite", "courteous" or "respectful" to the police officer to tell them about your gun and your permit...then what difference would it make if you were driving or riding as a passenger?
For those who claim to tell the officer about their gun and permit "for safety reasons", then what difference does it make? Are not passengers equally dangerous to the police officer as drivers are? In fact, are not passengers even more dangerous to police officers than the driver, because at least the officer is going to have the driver's information when he calls in the driver's license. Seems to me that those who claim to inform "because the officer just wants to go home safe at the end of their shift" would be MORE chomping at the bit to inform the officer of their permit and gun if they were a passenger, rather than driving.
For those who claim to tell the officer about their gun and permit "for safety reasons", then what difference does it make? Are not passengers equally dangerous to the police officer as drivers are? In fact, are not passengers even more dangerous to police officers than the driver, because at least the officer is going to have the driver's information when he calls in the driver's license. Seems to me that those who claim to inform "because the officer just wants to go home safe at the end of their shift" would be MORE chomping at the bit to inform the officer of their permit and gun if they were a passenger, rather than driving.
Perhaps I haven't noticed but has anyone in this discussion put forth either of those ideas?
Not yet. But in every other discussion regarding informing the officer they have. If the OP is of the opinion that he should keep his mouth shut while he is the driver, than I certainly don't understand why he would even ask about being a passenger. If the OP is of the opinion that he should inform as the driver - than why would his reasons for informing be diminished just because he was a passenger and not the driver? Perhaps the OP will come back and answer those questions.
Who said anything about a Learner's Permit? The OP clearly stated "My son is 16 and has had his license for a bit over a year".
So, basically, he should do the same thing if this happened when he was riding in the back seat while car pooling to work... Legally, nothing.. He is NOT in a "Must Inform" state. Practically...It is up to him if he wishes to inform biased on the circumstances (i.e. the LEO asks him to get out of the car, put his hands on the roof, spread his legs, and is about to get searched, that would be a good time to tell the LEO that he is armed AND that he has a permit).
jrs
New member
Look up a thread about a passenger with a CCW in Lockport NY. The passenger informed the LEO and was first placed in handcuffs, then a search ensued. As of this date, I have not heard what the disposition of the case is. He was arrested on NY SAFE Act violations for too many rounds, but the point is....he was placed in handcuffs first, against his Constitutional rights, even though he was in lawful possession of a handgun.
In addition, if you read through some of the posts, you will see references to the responses to that question by a prominent local 2A law firm on a local radio program. I won't repeat all of them, but the answer is NO! Do not inform unless necessary.
In addition, if you read through some of the posts, you will see references to the responses to that question by a prominent local 2A law firm on a local radio program. I won't repeat all of them, but the answer is NO! Do not inform unless necessary.
My bad I'm not sure why I read that as the kid has a permit. So, my argument , while correct , doesn't apply to this scenario
wolf_fire
New member
Let me rephrase for everyone in the forum... "even when I'm wrong I'm right".
Did I read that correctly?
Not surprisingly, no.
bofh
Banned
On the Lockport, NY, case, the judge dismissed the misdemeanor charge against Paul A. Wojdan as counting the rounds was an unreasonable search and seizure: Judge Tosses First SAFE Act Charge | The Truth About Guns
Stengun
New member
Howdy,
Being from Arkansas I have a "Duty to Report". Down through the years I have gotten out of numerous speeding tickets because of my CCW permit. It instantly lets the LEOs know that you are a law abiding citizen.
The last time I was stopped after showing the cop my DL, insurance, and CCW permit he asked what I was carrying and where it was located.
Me: "Glock 23 on the right hip."
Cop: "That's what I carry off duty." Said to slow down a little and said to have a "nice day".
Paul
Being from Arkansas I have a "Duty to Report". Down through the years I have gotten out of numerous speeding tickets because of my CCW permit. It instantly lets the LEOs know that you are a law abiding citizen.
The last time I was stopped after showing the cop my DL, insurance, and CCW permit he asked what I was carrying and where it was located.
Me: "Glock 23 on the right hip."
Cop: "That's what I carry off duty." Said to slow down a little and said to have a "nice day".
Paul
1. If you were "law abiding", then why did the officer stop you to begin with?
2. If an officer is convinced that you are "safe" just because you give him a piece of paper and claim that it is a valid weapons permit, that officer is a fool. Do they believe you when you hand them a plastic card and claim that it is a valid driver's license? NO. They always call in your info to ensure that it is still valid.
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