"Must inform a peace officer" - Page 2

"Must inform a peace officer"

This is a discussion on "Must inform a peace officer" within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So, if you get stopped by the law out of state and not sure about the notify requirement, would it be best to immediately notify ...

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Thread: "Must inform a peace officer"

  1. #16
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    So, if you get stopped by the law out of state and not sure about the notify requirement, would it be best to immediately notify the LEO?
    When in doubt just present it.
    You wont get in trouble if it is not required, but if it is and you didnt tell, it could get ugly.
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  2. #17
    Member Array Vinixd's Avatar
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    If I were the passenger and the car got pulled over I would simply get out my ID and CPL... and when I was able say something like...Officer you might want to look at this info as well and hand over my info. Keeping things calm and cool as just as a matter fact. No big deal! Either you have a LEO with common sense or a jerk.
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  3. #18
    Ex Member Array walleye's Avatar
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    My Experience:

    Quote Originally Posted by SpringXDsub View Post
    Hey all,
    So I know there have been several threads about being pulled over and having to inform that you are concealed. And I know that several states don't have to inform, but! This is a different post.

    In Nebraska, we have to inform a police officer even if we are the passenger in a traffic stop. So I was curious to see how you guys would go about this? What if you are in a car with several of your friends(or family). You get pulled over and have to inform the officer... but doing that will also make all of your friends aware of you carrying. So how would you go about it?

    Or if you are with your family and they already know you are carrying.. What is a good way to get the attention of the officer in the passenger seat. I just wouldn't want to create a scene and make the officer nervous because i'm trying to tell him something.

    Thanks all
    -Nick
    I was alone but I'll go through my procedure: I got stopped recently at night - I don't have to tell but I do, why risk reaching for something and exposing a gun you never mentioned; you'll have a really nervous police officer with his own gun -- anyway, I put my hands on top of steering wheel and did not move them until his light was on me and them and he knocked on the window. I slowly moved to open it, his light followed my hand. As soon as the window was open I said: "Officer I have weapon permit and there is a weapon in my glove compartment" (I had left it there to put on at home, before I went to the store). He just said, "Well, let's just save that for now- and went into the reason for the traffic-stop and then asked for license (driver's), car registration and insurance card.

    I gave him the first two, and VERY slowly moved my hand towards the glove compartment where the ins. card was along with the gun. He immediately said "Is it in the glove compartment?". When I said yes he just said, "OK, skip that one".

    That was it. He was satisfied with my explanation of the driving problem (I was going too slow! - told him I thought he wanted me to slow down when he was following.). I asked him if he now wanted to see my pistol permit. He said "No, you're all set, have a good one, goodnight."

    Keep your hands very visible and say your piece - no time to concern yourself with who knows what. The LEO doesn't know what, that's all you have to think about.

    PS: Say "weapon", not "gun"; "I have a gun" can sound like a threat made and produce instant adrenalin rush in the Officer, you don't want that.

  4. #19
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    Quote Originally Posted by Dennis1209 View Post
    Interesting points guys. While I do not travel to other states as much as I use to, I still visit other states on occasion. It's easy to find and remember the states with reciprocity agreements, but not so easy to find and remember "must notify" states, and the laws are constantly modified. So, if you get stopped by the law out of state and not sure about the notify requirement, would it be best to immediately notify the LEO?
    I know which surrounding states are "must inform", but when in doubt, I just check this site prior to traveling: Handgunlaw.us
    Just click the states being checked, and the status is loudly displayed in the upper right.

  5. #20
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    Hand him your permit along with ID, thus he's informed. He'll take it from there. No need to say anything to anyone else.
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  6. #21
    Senior Member Array Gaius's Avatar
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    From a previous post.

    Try this story...

    Michigan Coalition For Responsible Gun Owners
    Michigan - -(AmmoLand.com)- MCRGO Frequently Asked Questions:

    MCL 28.425f(3) states: “An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.” The penalty for a first offense includes a $100 fine, and a CPL suspension of up to six months.

    Q: If I get pulled over by the police while I am lawfully carrying a concealed pistol, is it considered sufficient notice to hand over my Concealed Pistol License (CPL) with my Driver’s License?

    A: Maybe not.

    In one recent case, the driver handed his CPL over to the officer who stopped him. He did this because he had been told by a reliable source (an experienced police officer from another jurisdiction) that it is considered dangerous to use the word “gun” when talking to an officer on the road side since officers yell, “Gun!” to one another when a dangerous person displays a firearm. The driver was ticketed for the non-disclosure. In subsequent trial, the dashboard video camera record showed that it was approximately 40 seconds after the officer arrived at the driver’s window that the driver verbally disclosed his concealed pistol.

    The court found that the simple act of handing over the CPL was not adequate disclosure and that the 40-second delay before verbally disclosing was not “immediate disclosure.”
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  7. #22
    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by OldVet View Post
    Hand him your permit along with ID, thus he's informed. He'll take it from there. No need to say anything to anyone else.
    This is not a good idea since many people hand officers insurance, registration cards, and etc with their ID and many times the officer will not look at them till he gets back to his car. Notification is normally considered verbal.

  8. #23
    Senior Member Array MotorCityGun's Avatar
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    Here's what MI CPL-er's are mandated to do if stopped by LEO: MSP - Proper Conduct During Encounters with Police

    An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle.

    - Keep your hands where an officer can see them.
    - Cooperate fully with the police officer.
    - If you have a gun with you, tell the police officer as soon as possible.
    - Do not make any quick movements, especially toward the weapon.
    - If in a vehicle at night, turn on your vehicle's dome light.

    In certain circumstances, a law enforcement officer may take temporary possession of the weapon during interaction with the individual to ensure the safety of the officer and others. The police officer will return the pistol at the end of the stop unless the individual is being charged with a violation of the act or any other law that allows for the weapon to be seized.
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  9. #24
    Senior Member Array MotorCityGun's Avatar
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    Quote Originally Posted by Harryball View Post
    Me: Officer I have my CPL
    Officer: are you armed
    Me: Yes, how would you like to proceed
    Officer Were is it
    Me: Right hip
    Officer: Dont reach for it.
    You may want to re-think your approach, if you're ever stopped. When you are stopped, s/he already knows that you have a CPL. They just don't know if you're armed. I've been stopped, and the first thing out of my mouth as I rolled down my window and handed over my documents was, "Officer, I have my sidearm on me." Just follow his/her lead from there.
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  10. #25
    Ex Member Array walleye's Avatar
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    Quote Originally Posted by MotorCityGun View Post
    Here's what MI CPL-er's are mandated to do if stopped by LEO: MSP - Proper Conduct During Encounters with Police

    An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle.

    - Keep your hands where an officer can see them.
    - Cooperate fully with the police officer.
    - If you have a gun with you, tell the police officer as soon as possible.
    - Do not make any quick movements, especially toward the weapon.
    - If in a vehicle at night, turn on your vehicle's dome light.

    In certain circumstances, a law enforcement officer may take temporary possession of the weapon during interaction with the individual to ensure the safety of the officer and others. The police officer will return the pistol at the end of the stop unless the individual is being charged with a violation of the act or any other law that allows for the weapon to be seized.
    These are a great guide to behaving for anyone telling an officer. I left out the turning on of the dome light.

    I'd ad one other thing: verbally tell the officer if you are about to make a movement with your hands or ask him if it is OK. Like, getting your permit - better, let him tell you. If you announce you have weapon and a permit don't just go your wallet to get it! - think what that looks like! Let him have the initiative.

    I forgot one thing that I said when relating my experience of the traffic stop: with my hands on top of the steering wheel, right after I told him I had a pistol permit and there was weapon in the vehicle, I said: "You tell me how you would like me to handle this" Then sat still with my hands still on the wheel until he did.

    If I had had a passenger in the vehicle, before the officer moved to my car, I would have told them to be silent, answer any questions simply if asked, and keep their hands visible also. Impress on them that a very serious situation is about to begin. This not the time for your buddy to get "cute" or play around.

    In general, ALWAYS think of this from the Officer's perspective: all he knows is that you have a weapon and you SAY you have a permit. Respect his state of mind - he is now on alert and knows he could be in danger until he verifies that he is safe. Make it easy for him - like you would want if the shoe was on the other foot. It's also much better for you. You are also in danger until he verifies. He may be a very nervous rookie.

  11. #26
    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by MotorCityGun View Post
    You may want to re-think your approach, if you're ever stopped. When you are stopped, s/he already knows that you have a CPL. They just don't know if you're armed. I've been stopped, and the first thing out of my mouth as I rolled down my window and handed over my documents was, "Officer, I have my sidearm on me." Just follow his/her lead from there.
    This is incorrect. He may know the registered owner of the vehicle has a permit but he doesn't know that the driver is the registered owner. It also depends on what information is provided to him prior to the approach. Some departments don't get permit info on the first page of info on their terminal, they have to page through and it's not uncommon for them to not know.

    The first thing you say better be that you have a permit, THEN that you are currently carrying.

  12. #27
    Senior Member Array MotorCityGun's Avatar
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    Quote Originally Posted by NC Bullseye View Post
    This is incorrect. He may know the registered owner of the vehicle has a permit but he doesn't know that the driver is the registered owner. It also depends on what information is provided to him prior to the approach. Some departments don't get permit info on the first page of info on their terminal, they have to page through and it's not uncommon for them to not know.

    The first thing you say better be that you have a permit, THEN that you are currently carrying.
    Re-read the MI laws that I posted earlier. It states, in part, "An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose (their bold font, not mine) to the police officer that he or she is carrying a concealed pistol..." It does NOT say that you shall immediately disclose that you have a CPL.
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  13. #28
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    Quote Originally Posted by MotorCityGun View Post
    You may want to re-think your approach, if you're ever stopped. When you are stopped, s/he already knows that you have a CPL. They just don't know if you're armed. I've been stopped, and the first thing out of my mouth as I rolled down my window and handed over my documents was, "Officer, I have my sidearm on me." Just follow his/her lead from there.
    Nope, I have had encounters with Local PD and State PD. I use the same for both. I think LEOs get a little jumpy when you say that you are armed. I always let them ask, and always ask how they would like to proceed. Its there show, and I will let them dictate that. I also inform them if Im not carrying. It makes sense to me to let them know.
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  14. #29
    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by MotorCityGun View Post
    Re-read the MI laws that I posted earlier. It states, in part, "An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose (their bold font, not mine) to the police officer that he or she is carrying a concealed pistol..." It does NOT say that you shall immediately disclose that you have a CPL.
    I was primarily talking about the part of the officer knowing you have a carry permit. Which is not always the case.

    As to announcing "Officer, I have my sidearm on me." I'm saying to first advise of the carry permit AND IN THE SAME SENTENCE notify that you are currently carrying. Then ask how they would like to proceed. That eliminates the word gun or sidearm and first lets the officer know you are legally permitted and then also currently armed. The last part let's the officer know you are awaiting his instructions on how they want to proceed.

    If the first words out of you are "I have a gun" you will most likely encounter a much more anxious officer.
    Harryball likes this.

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