Procedure if Pulled Over

[Geezer1]

I would like to know what the proper procedure would be if one is pulled over for a traffic violation and you have a CCW license? Do you show your drivers license and CCW license at the same time, advise the officer you have a CCW license or just sit back and wait for your ticket.

 

[Cobra]

Michigan law requires CCW permit holders when carrying concealed and during an encounter with a police officer to notify the officer forthwith. I would be handing my license, CCW permit, registration and proof of insurance to the officer the same time while verbally notifying him that I am indeed carrying before he asks.

 

[Cobra]

I would use the aforementioned procedure in any situation involving a police officer, not just a traffic stop.

 

[mrjam2jab]

It does vary by state....some states require the notification by law...others do not. In the states where it is not required there is usually so pretty good debates as whether one should notify anyway.

I am of the camp where if there is no reason for the cop to know..not getting out of the car.. then I am not going to bring it up. There are too many stories of cops that do not know how to handle the situation...

 

[Geezer1]

I am of the camp where if there is no reason for the cop to know..not getting out of the car.. then I am not going to bring it up. There are too many stories of cops that do not know how to handle the situation...

That is exactly what I am concerned about. My instintcs tell me that so many CCW permits have been issued that LEOs are welll aware the odds of stopping someone with a weapon (legally licensed) are high. I do not think it would be the seasoned State Trooper that would be perplexed on what to do, I would be more concerned about the part time deputies etc... Does that make sense????l

 

[Glock Fan]

Regardless of state law requiring notification or not, I advise my students to inform the LEO whenever involved in an official encounter initiated by LEO (traffic stop, etc.). From talking to various LEO in various jurisdictions, you will be a lot better off if you inform the LEO that you're armed rather than them finding out and being "surprised".

Specifically in a traffic stop, turn on all interior lights when appropriate (so the officer can see what you're doing in the vehicle). Keep your hands on the wheel, and don't fumble for paperwork or anything else. Open the window approached by the officer a few inches (some officers approach from the passenger side if it's safer to do so). If your windows are heavily tinted, you may want to roll them down a little more. Communicate with the officer and get permission before retrieving paperwork or making any movements. For example, when the officer asks for your license, registration, and proof of insurance, tell the officer where they are located and get permission before retrieving the documents. I keep my CC permits with my driver's license. The officer will get the appropriate CC permit/license along with my driver's license. When retrieving the paperwork, let the officer know wehre it's located and use slow but deliberate movements when retrieving them. Be respectful with the officer and do your best to comply with their instructions.

I've been through at least 2 traffic stops while armed, followed procedure as described above and had no problems with the officers I encountered. Some may argue that the officer will "freak out" and give you more grief than necessary for informing them. From my experience and talking to others who have gone through a traffic stop while armed, it's unlikely that the officer will freak out. If you do get an officer that freaks out, stay calm and comply as best you can. The officer would probably have freaked out for something if you hadn't informed them. Document the facts of the incident as best you can, then follow up with appropriate action AFTER the encounter is over.

Most importantly, DO NOT leave the scene until the officer informs you that you are "free to go". If in doubt, ask the officer "Excuse me officer, am I free to go". Better to be safe than sorry!

Good luck!




gf

 

[Geezer1]

Regardless of state law requiring notification or not, I advise my students to inform the LEO whenever involved in an official encounter initiated by LEO (traffic stop, etc.). From talking to various LEO in various jurisdictions, you will be a lot better off if you inform the LEO that you're armed rather than them finding out and being "surprised".

Specifically in a traffic stop, turn on all interior lights when appropriate (so the officer can see what you're doing in the vehicle). Keep your hands on the wheel, and don't fumble for paperwork or anything else. Open the window approached by the officer a few inches (some officers approach from the passenger side if it's safer to do so). If your windows are heavily tinted, you may want to roll them down a little more. Communicate with the officer and get permission before retrieving paperwork or making any movements. For example, when the officer asks for your license, registration, and proof of insurance, tell the officer where they are located and get permission before retrieving the documents. I keep my CC permits with my driver's license. The officer will get the appropriate CC permit/license along with my driver's license. When retrieving the paperwork, let the officer know wehre it's located and use slow but deliberate movements when retrieving them. Be respectful with the officer and do your best to comply with their instructions.

I've been through at least 2 traffic stops while armed, followed procedure as described above and had no problems with the officers I encountered. Some may argue that the officer will "freak out" and give you more grief than necessary for informing them. From my experience and talking to others who have gone through a traffic stop while armed, it's unlikely that the officer will freak out. If you do get an officer that freaks out, stay calm and comply as best you can. The officer would probably have freaked out for something if you hadn't informed them. Document the facts of the incident as best you can, then follow up with appropriate action AFTER the encounter is over.

Most importantly, DO NOT leave the scene until the officer informs you that you are "free to go". If in doubt, ask the officer "Excuse me officer, am I free to go". Better to be safe than sorry!

Good luck!

That is some good common sense advice. Personally, I prefer to be respectful, obey and polite. Turing on the interior lights (assuming at low light or nite) and keeping your hands on the wheel make perfect sense until asked for your license. Slow deliberate moves are also good common sense. Appreciate you taking the time to reply. Ya know, I have heard from reputable sources BGs being drawn on by LEOs and instructed to keep their hands on thier head, but they still make a move for a weapon. God Lord what is this society coming to. Thats one reason I have a CCW license, albeit newly issued.

 

[AvidshooterTX]

I second everything Glock Fan said.
Here in Texas we are still required to notify if we are carrying when stopped. Through a strange twist in a new law that allows concealed guns in autos without a permit those without permits are NOT required to notify the officer. Figure that one out.
However, I would add that it is a good idea to let the officer know you have a permit because they are often a little more at ease when they realize they are dealing with someone who has a clean record.

 

[Geezer1]

Through a strange twist in a new law that allows concealed guns in autos without a permit those without permits are NOT required to notify the officer. Figure that one out.

I would surely like to know the rationale behind that move of legislation. Must have something to do with someone carrying back and forth to a range, hunting etc.....

 

[mrjam2jab]

I second everything Glock Fan said.
Here in Texas we are still required to notify if we are carrying when stopped. Through a strange twist in a new law that allows concealed guns in autos without a permit those without permits are NOT required to notify the officer. Figure that one out.

I thought that the new TX law merely removed the penalty for not informing...?

 

[AvidshooterTX]

I thought that the new TX law merely removed the penalty for not informing...?

You're talking about something different. Three things happened over time in this order:

1. Texas became a shall-issue state and the law was made that you had to show your permit when stopped or you would lose your CHL and be fined.
2. Automobile concealed carry without a permit was passed with no requirement to inform the LEO, however the requirement for permit holders was not rescinded (by oversight).
3. In order to rectify #2 they removed much of the teeth from the penalty for permit holders but I believe it is still considered an offense. However, they can't lift your CHL for it. Someone may correct me on that.

 

[Glock Fan]

Changes to UT law in May 2009 allow for loaded handguns in the vehicle without a permit as long as it's not on your person. This has put many officers on edge. Along with the fact that laws are constantly changing, I find it a lot less complicating to be up front with the LEO and let them know you have a permit (if you have one). Specific to UT, I advise students that if they choose to have a loaded gun in the car until (not on their person) while they are waiting for their CFP, it would be good practice to keep their license, registration and proof of insurance in a place that is seperate from where they keep their firearm (as in don't put your loaded gun in the glove box with your documents). You're not required to inform LEO that you have a loaded gun in the car, but follow the same procedures as I stated earlier (except providing the CFP for obvious reasons). If the LEO asks a question, be polite about it. I've heard from students who were asked "do you have any weapons in the vehicle". They politely responded and informed the officer where the handgun was located, AND advised the officer as to the location of their documents. In both cases, the officer was pleased that they were up front and honest and let them off with a simple warning. I'm not making any represntations as to what will happen in any particular situation, only saying that in what I've heard, it turned out better that they were up front about having a firearm in the vehicle and didn't get any hassles because of it.



gf

 

[AvidshooterTX]

You're talking about something different. Three things happened over time in this order:

1. Texas became a shall-issue state and the law was made that you had to show your permit when stopped or you would lose your CHL and be fined.
2. Automobile concealed carry without a permit was passed with no requirement to inform the LEO, however the requirement for permit holders was not rescinded (by oversight).
3. In order to rectify #2 they removed much of the teeth from the penalty for permit holders but I believe it is still considered an offense. However, they can't lift your CHL for it. Someone may correct me on that.

With regard to item 3, I got this from the TX DPS website:

HB 410 Failure to Display
Repeals (in part) the provisions relating to the requirement of license holders to display the license upon demand for identification by a peace officer (§§411.187(a),(c), and 411.205). Failure to display the license upon demand for identification by peace officer will no longer be grounds for suspension of license (currently 90 day suspension). The offense itself remains, albeit without penalty. HB 2730 Article 12A

 

[edge289]

As far as I know, I am 39 and when I was 23 in Indiana you used to
be required by law to inform the LEO's. But now I dint believe you do.
And they won't let you get a renewal for a lifetime before 180 days of experation

 

[Chief_Engineer]

In Oregon, there is no requirement to notify, but it is highly recommended. Many traffic stops will have a primary officer and a backup. Many times that backup / rider will be a reserve. Many times, for training, the primary officer will have the reserve officer do the stop. The reserve office is not a full time officer and his knowledge of laws can be limited. In either case, the second officer will "inspect" the vehicle through the windows. I highly recommend letting the officer know you have a CHL and that you are carrying (or a loaded gun is in the vehicle) and ask how they would like to proceed. I highly recommend not using the word "GUN" in the conversation, the backup or a second vehicle that just pulled up, may not hear the conversation correctly.

On the not so funny side, I even dropped my drivers license along side my drivers seat during one stop. I had to get out of the vehicle and reach under the seat to get the license. Since he already had my CHL there was no issue with me out of the car, back to him, and hand under the seat retreiving my license.:no:

No, not all officers like the idea of armed citizens, but most respect the law. Just trying to minimize the unexpected for them.

Just some opinions and recommendations.

 

[Islander]

In SC you are required to provide your CCW and inform the officer if you are carrying. If you are not carrying concealed (weapon in glove box), no need to inform officer, and I do not. I keep my weapon in the console, insurance info in the glove. I conceal carry in my pocket, so carrying in the console is more convenient in the truck.

 

[drjavelina]

I always give the leo my drivers license and chl. In Texas they know if you have a chl when they run your license plate number, at least severl leo's told me that story. Hell, I'm proud of my chl and will show it to anyone that wants to see it. I feel that being open and giving it to the leo shows I'm not trying to hide anything.

 

[Geezer1]

I always give the leo my drivers license and chl. In Texas they know if you have a chl when they run your license plate number, at least severl leo's told me that story. Hell, I'm proud of my chl and will show it to anyone that wants to see it. I feel that being open and giving it to the leo shows I'm not trying to hide anything.

Providing your CC license "up front" with your drivers license makes perfect sense to me, especially if you have a weapon on your person. I started this thread cause I seen a video of a LEO pullling over an auto and as he approached the drivers window the driver shot him. Ya know, if he asked you to step out of the vehicle and something flashed where he seen a weapon and he was unaware we can legally carry, to my mind that could start a tense situation. Anyway I appreciate all the inputs. I for one will make slow deliberate respectable moves as instructed and proivde my license up front.

 

[williemartin]

I have not had the pleasure to have been pulled over while carringleasantry:, but I think that I would not hesitate to tell the officer. Heck, aren't we on the same side? I see it as common respect. He/she are doing thier job in attempting to enforce traffic laws. No need to make a thankless job more difficult. Who knows, you might get into a conversation about shooting and walk away with just a warning.

 

[kelcarry]

Hey Geezer1: These forums have discussed this time and time again and for every answer one way, there is always an answer the other way. In many states it is easy--ie. in SC, where I live, you must present your CCWP if you are CC--period end of story. In other states there is no clear direction; personally I agree with Glock Fan---I see no reason to "surprise" an LEO--but others will argue that you are opening a "pandora's box" by telling an LEO something "dangerous" that he did not ask about, thus putting you at risk before an LEO who may not even know what the rules for CC are in his state. Some states are beginning to have info on CCWPs in their data base that will appear on an LEO's screen when he prompts for your car info--if you have not told him anything, he could find that somewhat suspicious thus causing you more problems.