Stopped by police
This is a discussion on Stopped by police within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Like anyone else with a CHL (as they are called here in Texas), I know the laws here and have thought out how I planned ...
April 4th, 2007 09:19 PM
Like anyone else with a CHL (as they are called here in Texas), I know the laws here and have thought out how I planned to act if pulled over for speeding (very likely, as I drive fast). We are required to hand over our CHL any time we are asked for identifcation by a recognized official (police officer, judge, constable, etc), even if you are not carrying. If I have a weapon on me, I will inform the officer at that time that I am carrying and where my weapon is. Then I will leave it up to him to determine what he/she wants to do next. If they want to see it, I will ask them how they want me to show it to them. No surprises. Keeping your hands where they can see them is a good idea. My concern is that when I am going to get my wallet out (which has my ID and CHL), how will they interpret that action? I plan to have it out before the officer gets to my car, with everything in plain view (to include my hands). And of course, follow any orders the police officer gives to a tee. I just put myself in his/her position, and the more comfortable he/she is, the more comfortable we all are!
It's good that you think this out in advance. Know what you are doing before you do it!
April 4th, 2007 09:19 PM
April 4th, 2007 09:23 PM
In Pennsylvania I am NOT required to declare that I am armed
or show my License UNLESS ASKED.
If an LEO doesn't like that , he can Find a Job in another State.
-SIG , it's What's for Dinner-
know your rights!
"If I walk in the woods, I feel much more comfortable carrying a gun. What if you meet a bear in the woods that's going to attack you? You shoot it."
April 4th, 2007 09:26 PM
...aw jeez...is it THAT big of a hassle to tell the cop you got a gun! Lighten up, man! You think doing MY job is easy!? Puh-leese!
Originally Posted by AKsrule
April 4th, 2007 09:44 PM
This is a really tricky situation and has been covered numerous times. In the past I have always been an advocate of "informing out of courtesy" regardless of state law. This happened when I was in NH and I was stopped for a light out.
Originally Posted by Glock 'em down
Dome light on, map lights on, officer walks up, I hand him my permit and my license and ask him how he would like to take it from there.
However, after moving to NY and seeing some of the things I've seen here, general attitudes, hearing that some officers want to know and some don't want to know about CCW holders, etc, etc. I have changed my mind. I am now a firm believer that this decision (to inform an officer when it is not legally required) should not always be one way or the other, but should depend on many factors such as: local attitudes about guns, what you have heard from the locals, etc, etc.
Now I'm not saying that I still won't inform an officer that has pulled me over out of courtesy, but what I am saying is that I don't think it should be as easy as trying to come up with a "correct" answer to this question. Many factors will play into people's decisions when they are pulled over and what is right for one person may very well not be what is right for another person.
April 4th, 2007 10:00 PM
Slightly wrong, Title 37 6.43 states that if a license holder is carrying on or about his person a handgun he must provide his drivers license and his CHL.
Originally Posted by M2
If you don't have a handgun with you, your not required to show your CHL.
Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
Texas CHL Instructor
Texas Hunter Education Instructor
April 4th, 2007 10:09 PM
Nobody said anything about lying. If the officer doesn't ask, I don't have to tell. It's the law, and LEO's are (supposed to be) all about upholding the law, correct? Or perhaps it's only the laws they like & agree with. In any case, nobody's ever impersonated an officer before and the raped a motorist, or kicked in the door of a house yelling "FBI, FBI!", or served a warrant at the wrong house and killed the homeownder who believed (rightfully, IMO) that he was defending his home against invasion.
In most states the laws re: the use of deadly force apply (supposedly) equally to LEOs and private citizens; ie: Use only to defend your life or the life of another.
Therefore, if it is reasonable for ONE person to assume that the gun ON the belt IN the HOLSTER of another person is a deadly threat justifying the brandishing of a weapon, then it is reasonable for me to assume the same. It's called the "reasonable man" standard. If it is reasonable for one person to act in a particular way under a set of circumstances, then it is reasonable for another man to act the same way under the same circumstances.
Note well that I'm not ADVOCATING actually doing this, I'm not completely stupid... but I do find it interesting that LEOs (who are supposed to be all about impartial enforcement of the law, etc ,etc) aparently can get away with acts that would send a private person to jail, even tho the law doesn't differentiate. I guess some people are more equal than others.
Sorry, this is a real pet peeve for me right now... I'll explain in another thread, in the 2A folder.
Originally Posted by NY27
Why would the citationmention that? How is it revevant to a speeding ticket? Did the ticket mention his pants size, his favorite color or that he wears a hat, too?
Originally Posted by poperb
Last edited by tanksoldier; April 4th, 2007 at 10:15 PM.
"I am a Soldier. I fight where I am told, and I win where I fight." GEN George S. Patton, Jr.
April 4th, 2007 10:12 PM
Here's the thing guys. Are you gonna get in trouble if you DO tell a LEO you are packing REGARDLESS of what your State law says? What's the big deal? Is it a "My cold, dead hands!" kinda thing with you? If it is...you are taking the whole "armed citizen" thing the wrong way! If you are a law abiding ARMED citizen, you should have no problem letting the LEO that you are packing.
The bottom line is - what in the hell is the problem with telling a cop you have a gun on? Does this infringe on your 2nd Ammendment rights? It says the right to keep and bare arms, right? Does it say keep it a secret to the police anywhere in there? Like I said, what harm is there in telling an officer you have a gun.
Just think about if YOU were the cop. How would YOU like it to be handled?
April 4th, 2007 10:49 PM
I'm not required to inform an officer of carrying , but I certainly will out of courtesy and to prevent a possible "freak out" if the officer notices it . I really dont see the big deal .
I dont understand why all states dont require ccw holders to inform the leo while carrying. Whats the advantage of not telling?
But if the state you live in made the law and doesnt require it, I'm not gonna bash ya for it...
April 4th, 2007 10:56 PM
Okay, you're obviously not one of them. Maybe there aren't any of "them" in your city, Glock 'em down. But the fact is that I know people who have gotten the full-bore, you-must-want-to-kill-me! treatment from cops after politely informing them that they were legally carrying a gun. What YOU do in that situation is not what EVERY cop does in that situation! THAT is why some people figure that they won't say anything unless they have to. I don't agree with it, but that's the reason.
To answer the original question, first and foremost you MUST know the laws in your area! There are places where you are REQUIRED to inform the cop, and there are places where you are not. Secondly, if there is even the slightest chance that the cop is going to find out that I am carrying (and, pretty much, there's always a chance!) then I want him to find out from me, voluntarily, right up front. I'm going to hand him my CCW along with my driver's license, keep my hands on the wheel, and wait for him to ask questions.
I think that just about the STUPIDEST thing that you could do in a situation like that would be to lie to the cop about whether or not you are carrying. If you say you're not, and later on he finds out that you are, you can pretty much count on a ride in the backseat of his car with your hands cuffed behind your back!
April 4th, 2007 11:05 PM
Just be friendly and honest!!!!
"You can say 'stop' or 'alto' or use any other word you think will work but I've found that a large bore muzzle pointed at someone's head is pretty much the universal language."
April 4th, 2007 11:05 PM
I have a friend who is a LEO in Miami and I have asked this exact question of him. He told me LEO's generaly respect and think highly of those who carry lawfully and support that right unless they; have a poor attitude or do something stupid.
I think we are all on the same team and need to be respectful of each other. Tanksoldier... you know the deal. You've been part of a tight team inside that 63 ton M1 Abrams right? If you have a run in with a LEO that sits wrong with you report it and get it ironed out or the team will fall apart and make the anti gun freaks happy.
April 4th, 2007 11:07 PM
Speaking From Experience...
I have had two contacts with local SO over a burlglary and another incident of which I was not involved personally...
On each ocassion, a patrol car arrived, and the offiicer left his car and approached me, I just calmly said, "Officer, you would probably like to know that I am legally armed."
Each time the officer smiled and replied, "Thanks for telling me, I appreciate that!" Neither asked me for a permit, and we went on with business.
I have found FL cops to be very reasonable about weapon and CCW'ers.
Stay armed...stay safe!
"That I cannot do."
"Give this to, uh, Clemenza. I want reliable people, people who aren't going to be carried away. After all we're not murderers in spite of what this undertaker thinks."
Certified Glock Armorer
NRA Life Member
April 4th, 2007 11:23 PM
In Texas you have to inform anytime a LEO asks you for ID.
That being said I will always tell because i think it give you a better chance of not getting a ticket since I don't have big breasts and pretty blue eyes that I can bat and make tears come out of.
If it is not in the US Constitution then the Federal Government should not be doing it.
"Carrying a gun is a social responsibility."
April 4th, 2007 11:41 PM
Sheesh...what's the problem with not mentioning it at all? I'm a law-abiding citizen doing nothing unlawful, so what's the point in announcing that I am legally carrying--no point at all, that's what.
Originally Posted by Glock 'em down
In my state I need to tell if asked, and I will be forthright, polite and honest. So, ask, OK!
Please don't go into the "...I want to go home at the end of my shift..." drama. I'm a law-abiding citizen, legally carrying, and there's nothing to fear should you pull me over, so that is not even remotely a risk.
"It's a big gun when I carry it, it is also a big gun when I take it out” – Clint Smith
April 4th, 2007 11:50 PM
i would say it depends where you are. i personally would feel more comfortable telling LEO, but my local LEO make me just a bit too uncomfortable to do so, because of their profiling habits. so in the case of the local PD, i say don't ask, don't tell. state troopers seem to be more level headed about most things, so i would just hand them my license and CCP, and see where it goes from there.
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