Pulled over by police

mike52876

New member
So I was wondering if I was stopped for speeding or a tail light out and a cop asked me if I have a gun in my vehicle because as soon as they run my plates they know that I have a concealed weapons license, do I have to answer. This may sound kinda like a stupid question but a friend of mine has told me that when he gets pulled over and a cop asks him if he has a gun in the vehicle he tells the cop it's none of their business. He said once he told a cop he had a gun in the vehicle they wanted to see it, he was pulled over for a tail light out, the cop insisted that he show the cop his gun he said you want to see it get a warrant. He usually tells the truth but this one I'm just not sure on. Thanks in advance

Sent from my SCH-R530X using USA Carry mobile app
 
Go to Handgunlaw.us and check for the laws in your state. Specifically, look for the "Must Inform Officer by Law" part. Even if you are not required by law to inform the officer, it is a good idea to inform the officer by saying "Officer, I have a carry permit and I am carrying today.": 1) if you are carrying a gun on your body and (2) when the officer asks you to step out of the vehicle. Otherwise:

 
Virginia doesn't require you notify of your license and carry status. I'll take your word that the license status comes up when they run your plate. I'm not from Virginia. I don't see anything specific about surrendering your firearm, but again I'm not from Virginia and I'm not overly familiar with their statutes. Section 18.2-308 does require you to produce your carry license upon demand though. Specific statutes aside, there are numerous varying court rulings on what officers are or are not allowed to do in the interest of their own safety during a traffic stop. Most of those center around the concept of what's within arms reach, and a firearm on your person could be deemed to fit that description. I'm not saying I would or that any specific jurisdiction would. I'm saying that the possibility exists based on past cases. It's quite possible that if you refuse to answer the question the officer will ask you to step out of the vehicle. If you have a firearm on you at that time, legally or not, the general legal consensus is that the officer can take it from you for the sake of his own safety and for yours as well. An officer who is nervous about you being armed also poses a potential threat to you as well. He doesn't need a warrant because this isn't a search, per se. Now having said all that, there's lots of debate on this practice, and not all courts are in 100% agreement. Either way, in my mind it really doesn't necessarily have to be a case of what's right. If you want to argue what's right, and you're willing to fall on your sword for it, then by all means argue with a stubborn cop, go to jail and fight it out in court. If the cop is being a real douche bag about it, then maybe he's looking for that fight (the legal fight I mean). But if I'm just wanting to go about my day, the cop is asking nicely, and he's asking in the interest of mutual safety, I don't really have a whole lot of problem with it. Well, maybe a teensy weensy bit, but not enough to make life difficult for both of us. Quite frankly, most of the cops around here just want to admire my gun and talk about guns in general (I've never had a traffic stop).
 
Go to Handgunlaw.us and check for the laws in your state. Specifically, look for the "Must Inform Officer by Law" part. Even if you are not required by law to inform the officer, it is a good idea to inform the officer by saying "Officer, I have a carry permit and I am carrying today.": 1) if you are carrying a gun on your body and (2) when the officer asks you to step out of the vehicle. Otherwise:


Really?!?

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I've been pulled over twice since I have had my CHL. Required to or not, I hand my CHL card to the officer at the same time as my driver's license. By doing that I am revealing to him that I am licensed to carry and have it with me. If I happen to not be carrying (which is extremely rare) I would just hand over my driver's license. The first time I was pulled over, I had others in the vehicle. I handed the CHL card as mentioned above and the officer didn't say a word. He gave it back to me when he gave me back my driver's license and the speeding citation.:sad: The second occasion, the officer asked where it was and I told him on my right hip. He said keep it there and we'll be alright. No citation and all was good.
I know many on this site will say keep your mouth shut unless it is mandatory to notify. Although there are those officers out there that are just itching for an excuse to jack someone up, I feel most are doing an honest job and just want to go home safe at the end of the day. I believe there are many more of those so I choose to be respectful and discretely let them know that I am carrying legally.
 
Please elaborate on your comment. Are you saying that you shouldn't notify the officer at all, or is your comment directed toward the video?


I do not speak to PIGS!
I am astonished that you advocate for handing over your gun to the pigs, so as not to upset the dipshits and cop gods!!!

You sir have failed. You sir....

Are wrong.


Link Removed
 
So I was wondering if I was stopped for speeding or a tail light out and a cop asked me if I have a gun in my vehicle because as soon as they run my plates they know that I have a concealed weapons license, do I have to answer. This may sound kinda like a stupid question but a friend of mine has told me that when he gets pulled over and a cop asks him if he has a gun in the vehicle he tells the cop it's none of their business. He said once he told a cop he had a gun in the vehicle they wanted to see it, he was pulled over for a tail light out, the cop insisted that he show the cop his gun he said you want to see it get a warrant. He usually tells the truth but this one I'm just not sure on. Thanks in advance

Sent from my SCH-R530X using USA Carry mobile app
While laws vary state to state if a LEO asks to see the gun and you refuse you're getting arrested. He's not going away.
 
I know many on this site will say keep your mouth shut unless it is mandatory to notify. Although there are those officers out there that are just itching for an excuse to jack someone up, I feel most are doing an honest job and just want to go home safe at the end of the day. I believe there are many more of those so I choose to be respectful and discretely let them know that I am carrying legally.
Famous last words. The best advice I ever got from my lawyer was to keep my mouth shut around police regardless of the subject matter.
 
I've been pulled over twice since I have had my CHL. Required to or not, I hand my CHL card to the officer at the same time as my driver's license. By doing that I am revealing to him that I am licensed to carry and have it with me. If I happen to not be carrying (which is extremely rare) I would just hand over my driver's license. The first time I was pulled over, I had others in the vehicle. I handed the CHL card as mentioned above and the officer didn't say a word. He gave it back to me when he gave me back my driver's license and the speeding citation.:sad: The second occasion, the officer asked where it was and I told him on my right hip. He said keep it there and we'll be alright. No citation and all was good.
I know many on this site will say keep your mouth shut unless it is mandatory to notify. Although there are those officers out there that are just itching for an excuse to jack someone up, I feel most are doing an honest job and just want to go home safe at the end of the day. I believe there are many more of those so I choose to be respectful and discretely let them know that I am carrying legally.
I do not have any license to carry my guns openly or concealed.
I moved to this state for the very gun freedoms that most other states can only dream of!
I do not owe any allegiance to the tin gods in blue.
I also do not require permission from our corrupt deuchebag self anointed hollow god polaticians.
I am not compelled to tell the PIG anything.
Period.
You want to take my gun, you'll get the bullets first....
Try me..
 
I do not speak to PIGS!
I am astonished that you advocate for handing over your gun to the pigs, so as not to upset the dipshits and cop gods!!!

You sir have failed. You sir....

Are wrong.

Link Removed

While I understand your sentiment, you set yourself up for a lot of pain and some jail time. You do understand that you do have to talk to LEOs in order assert your rights and to avoid charges, right? Ever heard of "failure to comply with a lawful order" or "implied consent"?

What I have been talking about is a personal risk assessment. As long as I am staying in my car, I will not inform the officer. However, if I get asked to step out of the vehicle, then the situation changes as the officer will see that I am carrying. Therefore, I will inform him before he sees the gun.
 
I know many on this site will say keep your mouth shut unless it is mandatory to notify. Although there are those officers out there that are just itching for an excuse to jack someone up, I feel most are doing an honest job and just want to go home safe at the end of the day. I believe there are many more of those so I choose to be respectful and discretely let them know that I am carrying legally.

What percentage of the general population that you pass every day is "just itching for an excuse to jack someone up" by way of committing a violent crime? Yet you, presumably, carry a concealed firearm every day to protect yourself from the minute percentage of the general population that might be inclined to commit a crime against you, right? So why not take the simple step to protect yourself by keeping your mouth shut about your gun and permit around a LEO when you are not required to tell them by law? I would be willing to bet that there are about the same odds of meeting a LEO itching to jack you up over your gun as there are meeting a violent criminal that you need a gun to defend yourself against so why not protect yourself from them when it is so easy to do so?
 
I'll take your word that the license status comes up when they run your plate. Specific statutes aside, there are numerous varying court rulings on what officers are or are not allowed to do in the interest of their own safety during a traffic stop. Most of those center around the concept of what's within arms reach, and a firearm on your person could be deemed to fit that description. I'm not saying I would or that any specific jurisdiction would. I'm saying that the possibility exists based on past cases. It's quite possible that if you refuse to answer the question the officer will ask you to step out of the vehicle. If you have a firearm on you at that time, legally or not, the general legal consensus is that the officer can take it from you for the sake of his own safety and for yours as well. An officer who is nervous about you being armed also poses a potential threat to you as well. He doesn't need a warrant because this isn't a search, per se. Now having said all that, there's lots of debate on this practice, and not all courts are in 100% agreement. Either way, in my mind it really doesn't necessarily have to be a case of what's right. If you want to argue what's right, and you're willing to fall on your sword for it, then by all means argue with a stubborn cop, go to jail and fight it out in court. If the cop is being a real douche bag about it, then maybe he's looking for that fight (the legal fight I mean). But if I'm just wanting to go about my day, the cop is asking nicely, and he's asking in the interest of mutual safety, I don't really have a whole lot of problem with it. Well, maybe a teensy weensy bit, but not enough to make life difficult for both of us. Quite frankly, most of the cops around here just want to admire my gun and talk about guns in general (I've never had a traffic stop).

Once the officer learns from the issuing authority that you have a valid permit to carry a gun, his legal authority to seize that firearm for "officer safety" under the rules of Terry v. Ohio has been removed:

Terry v. Ohio | LII / Legal Information Institute

We merely hold today that, where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, where, in the course of investigating this behavior, he identifies himself as a policeman and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him.

What is the whole, entire purpose behind weapons permits? Don't they claim it to be so that only safe, non-criminals are carrying guns? Therefore the official verification that such a license or permit is held and valid for the person stopped should dispel reasonable fear for the officer's and others' safety and remove the authority to search for and seize the properly licensed firearm. If the cop is looking for a legal fight I will gladly fulfill his desire. Of course one needs to absolutely be certain that the officer knows - from an official source - that your permit/license is valid before banking on this defense. Merely showing the permit to the officer does not verify it is valid - which is why I won't show my CPL and admit to being armed unless I am legally required to, because when I do, I have actually CREATED the reasonable suspicion that I am armed and presently dangerous until such time as the officer can verify the piece of paper I am showing him is valid.
 
Wow CharlesMorrison, wow! You sound like someone lacking in the common sense department.

Nothing more than keyboard bravado, or a candidate for another manhunt on the evening news. Either way he does not represent any responsible gun owner.
 
Either way he does not represent any responsible gun owner.

He does represent the definition of citizen found in the Declaration of Independence. I suppose our founding fathers who overthrew their government by force didn't represent responsible gun owners of their time?
 

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