Passenger CCW have to inform

This is a discussion on Passenger CCW have to inform within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; This past week-end I was carrying, and Sunday night we went with some friends in their vehicle, so last minute I chose to let my ...

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Thread: Passenger CCW have to inform

  1. #1
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    Passenger CCW have to inform

    This past week-end I was carrying, and Sunday night we went with some friends in their vehicle, so last minute I chose to let my weapon at home. They do not know that I carry, and I was not sure if we were to get stopped being just a passenger if I had to inform LEO.

    Monday morning I contacted State Patrol to get the proper answer. He tells me that I would need to inform LEO if I was carrying. So now I turn to you the know-all of everything relating to firearms and CCW . If the friend were to get stopped the LEO would approach on the drivers side, so at what point do I inform him? Can't blurt out "HEY I CARRY" so come over to my side first. If I hand the driver my license and ccw permit to give to LEO the driver won't know whats going on, and may confuse LEO as to who is carrying. If I wait til LEO is done with the driver, at that point it seems like a non issue. So anyone have any experience or suggestions to make the compliance as smooth as possible and maybe somewhat discrete.

    As I will comply with the law, so please none of the "don't tell" responses.


    Thanks SleepingZ

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  3. #2
    Distinguished Member Array fotomaker57's Avatar
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    In my area it is pretty routine that the officer will ask the driver if there are any weapons in the vehicle. Seems like that would be a good time to let him know.
    mike
    The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.
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    In Ky we don't have to inform, but I would if I were driving anyway. If I were a passenger I would'nt say anything ( in my state ).
    If I were you, I'd inform as soon as possible. Could be kinda akward if you're with a car load of friends that don't know or a carload of young kids, to blurt out " Oh I carry a gun".. Guess it's just part of carrying. We don't want everyone to know, but the issue may be forced to the front at some point.

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    Member Array Geo2020's Avatar
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    I was told "don't speak unless spoken to".

    If the cop asks for your drivers license or identification, that's the time to inform. Otherwise just sit there quietly.

  6. #5
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    Quote Originally Posted by Geo2020 View Post
    I was told "don't speak unless spoken to".

    If the cop asks for your drivers license or identification, that's the time to inform. Otherwise just sit there quietly.
    +1!
    ALWAYS carry! - NEVER tell!

    "A superior Operator is best defined as someone who uses his superior
    judgement to keep himself out of situations that would require a display of his
    superior skills."

  7. #6
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    This is kind of a sticky situation as to when to inform the LEO when you are a mere passenger in a vehicle being stopped for some sort of offense.

    I assume you do not travel with people who routinely break the laws or drive under the influence of drugs or alcohol. So if that is the case, the person being stopped should only be stopped for a minor traffic offense like speeding, stop sign/light or possibly a tail or break light is out.

    Usually the person the LEO is dealing with during a traffic stop is the operator of the vehicle. Therefore, unless the LEO proceeds to want to ID all the other occupants of the vehicle I wouldn't say anything until and unless he addresses you personally. At that point Nebraska state law states you must inform the LEO that you are carrying and produce your license.

    Below is the section of Nebraska state statutes that pertain to interacting with LEO's. Pay particular attention to the last section: section 4

    Section 69-2440
    Permitholder; duties; contact with peace officer or emergency services personnel; procedures for securing handgun.

    (1) A permitholder shall carry his or her permit to carry a concealed handgun and his or her Nebraska driver's license, Nebraska-issued state identification card, or military identification card any time he or she carries a concealed handgun. The permitholder shall display both the permit to carry a concealed handgun and his or her Nebraska motor vehicle operator's license, Nebraska-issued state identification card, or military identification card when asked to do so by a peace officer or by emergency services personnel.

    (2) Whenever a permitholder who is carrying a concealed handgun is contacted by a peace officer or by emergency services personnel, the permitholder shall immediately inform the peace officer or emergency services personnel that the permitholder is carrying a concealed handgun.

    (3)(a) During contact with a permitholder, a peace officer or emergency services personnel may secure the handgun or direct that it be secured during the duration of the contact if the peace officer or emergency services personnel determines that it is necessary for the safety of any person present, including the peace officer or emergency services personnel. The permitholder shall submit to the order to secure the handgun.

    (b)(i) When the peace officer has determined that the permitholder is not a threat to the safety of any person present, including the peace officer, and the permitholder has not committed any other violation that would result in his or her arrest or the suspension or revocation of his or her permit, the peace officer shall return the handgun to the permitholder before releasing the permitholder from the scene and breaking contact.

    (ii) When emergency services personnel have determined that the permitholder is not a threat to the safety of any person present, including emergency services personnel, and if the permitholder is physically and mentally capable of possessing the handgun, the emergency services personnel shall return the handgun to the permitholder before releasing the permitholder from the scene and breaking contact. If the permitholder is transported for treatment to another location, the handgun shall be turned over to any peace officer. The peace officer shall provide a receipt which includes the make, model, caliber, and serial number of the handgun.

    (4) For purposes of this section, contact with a peace officer means any time a peace officer personally stops, detains, questions, or addresses a permitholder for an official purpose or in the course of his or her official duties, and contact with emergency services personnel means any time emergency services personnel provide treatment to a permitholder in the course of their official duties.

    Source:
    Laws 2006, LB 454, § 14.

    ~Revised Statutes Cumulative Supplement, 2006

    If you are not operating the vehicle, I would think that YOU are not the one being stopped. Therefore, until he directly interacts with you, you should not be required to reveal.

    I would strongly suggest you seek the direct advice from an attorney or contact the Attorney Generals Office directly for clarification. When you contact the Attorney Generals Office, be sure you speak to one of his/her attorney's in the office and not just some secretary or clerk. Let them know you are wanting a "legal" interpretation of the concealed handgun statutes. It may also be best if you do that in writing, then if you get a written response, I would keep a copy of that letter in your wallet. (Most copy machines can do size reductions to make it smaller but still readable.)

    Be sure to explain your situation that not every one of your friends knows you are a ccw holder and you prefer to keep it that way if possible.

    I would not just take for gospel what any person who answered the phone at the State Troopers office to be reliable as to just what the law means.

    I hope this helps!

    We are lucky in Missouri in that we are not required to reveal "unless directly asked by an LEO." That makes it easy if you are in the company of other people who you may not want to know your ccw status, and still not get hung up with a technicality in the law.
    -Bark'n
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

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    Ex Member Array BikerRN's Avatar
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    If you are not the driver, and not the subject of the stop, I fail to see why you need to disclose your carry status.
    I am not a lawyer and I didn't stay in a Holiday Inn last night, but I wouldn't do anything unless addressed personally by the LEO. Why "muddy the waters" of an already "tense" situation?

    Biker

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    Wether to tell or not depends on state law.. In ohio you must tell the cop first thing that you have a CCW licence and are packing. In Georgia you are not required by state law to inform the officer. I usually do though just out of common courtesy. Be sure to check the state laws.
    Praise the Lord....Pass the ammunition

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  10. #9
    Member Array seedoubleyou's Avatar
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    I was passenger in my car, being driven by my wife. We were pulled over by Geauga County deputy. Since we were in my car, he should have known that I was licensed to carry. He walked up to drivers window, greated my wife, and looked at me. At that point I told him that I do have a license to carry and I have a loded weapon in the compartment between the seats. He looked kind of surprised, So i assume my license plate did not come up in his computer and inform him I had CCW license. He went to his car, came back and then asked me if I was Mister W.... Very easy going situation. Just because you're pulled over doesn't make it a tense situation. But if the officer suspects you're hiding something (lke a loaded firearm) that could cause lots of tension.... Also got out of the ticket, because my wife has a badge that says she's the daughter of a detective.
    CW

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    Quote Originally Posted by Joejoe View Post
    Wether to tell or not depends on state law.. In ohio you must tell the cop first thing that you have a CCW licence and are packing. In Georgia you are not required by state law to inform the officer. I usually do though just out of common courtesy. Be sure to check the state laws.
    As he said State Law--- state law. Abide by it, my actions based on NC law do not matter.

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    Texas law is a bit clearer in that it states if you are asked to provide identification. So if your mearly in the vehicle as a passenger and the driver is the only one asked to provide id, then you sit quietly. If the officer asks for id, not just how are you today, then you give him your id and your chl. At that time he will determine what he wants you to do. There is a good chance that you will never be asked where the weapon is or to disarm, and your friend will probably never know that you even had a weapon on you.

    I like the way Texas law is written. You simply don't pull out your chl every time you say hi to an officer at the store or whereever. It must be an official request to present identification.

    Follow the law in whatever state your in at the time.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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    Senior Member Array Fragman's Avatar
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    Quote Originally Posted by BikerRN View Post
    I am not a lawyer and I didn't stay in a Holiday Inn last night.....
    Biker
    Now thats funny right there.

    Seriously though, its a tough one. I think, out of simple courtesy to the officer, I would be inclined to inform, but thats easy to say sitting here. And how to do it is another matter also.

    Wasn't there a story just recently about a cop shot by the passenger of a car he had detained? In fact, he had told the driver it was clear to leave?

    My own philosophy is if in doubt about whether or not you should inform, then inform.

    Now, thats just my opinion. I dont expect everyone to agree, but I won't lose any sleep over it.

  14. #13
    Distinguished Member Array AKsrule's Avatar
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    From the NE State Police Website....

    http://www.nsp.state.ne.us/FindFile.asp?ID2=256
    -----------
    Do I have to tell people I have a concealed handgun?

    If you are a permit holder carrying a concealed handgun and are officially contacted by any peace officer or emergency services personnel, you must immediately inform the peace officer or emergency service personnel of the concealed handgun unless you are physically unable to do so. These individuals have the right to determine whether it is necessary to secure the handgun during the contact for the safety of any person.
    --------------------------
    -------
    -SIG , it's What's for Dinner-

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    VIP Member Array jwhite75's Avatar
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    If you are just a passenger, stay quiet. If the LEO actively engages you directly, and/or asks you to step out of the vehicle then I definitely would inform the LEO. IMHO
    Friends don't let friends be MALL NINJAS.


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  16. #15
    Member Array Ipack's Avatar
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    If it is a minor traffic offense, which I assume is what your talking about, I wouldn't risk my concealment amongst your friends unless directly contacted by officer.
    "Remember the first rule of gunfighting..."have a gun""

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