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Traffic Stops and CC

3K views 30 replies 25 participants last post by  jose45 
#1 ·
I applied for my CCW a few weeks ago and I’m waiting the eternal wait. In the meantime, I’m trying to make sure I’m 100% clear on all the situations that may arise when carrying concealed.

I know that CC laws vary from state to state, but from what I’ve found from research, there is one law that is pretty consistent across the country. That is, if you are pulled over by a LEO for a routine traffic violation, you are to keep your hands on the steering wheel, advise the LEO that you have a concealed carry license and indicate whether or not you are carrying. I’m curious about the passengers that are in my car. Common sense would dictate that you advise your passengers to keep their hands in plain sight as well, so as not to at any time make the LEO nervous.

I’m not at all concerned about notifying my friends and family of this practice. What I’m more concerned about are my coworkers. I travel a great deal for a living, both in my home state as well as across the country. Since I make a lousy passenger, I often find myself in the driver’s seat with a host of different coworkers depending on where I’m traveling. Should I ever get pulled over, what’s the best approach whether I’m carrying or not? I don’t want to be over cautious by having any of my passengers “assume the position” if it’s not necessary. But, I also don’t want them to be subjected to the working end of an LEO’s firearm.

When I posed this question at my local sheriff’s office, to my surprise, no one could give me a straight answer.

I would greatly appreciate any advice, insight or experiences regarding this topic.
 
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#2 ·
I'd recommend, if you get pulled over, having your friends assume a non-threatening position. I'd put it to them that way, then hand over your credentials to the LEO along with your license and registration. You'd like to think your co-workers would assume a non-threatening posture on their own, but, by directing them to do so, you're hopefully gaining a little peace of mind for you and for the officer. Just my $.02
 
#3 ·
LEOs

That is actually not consistant state to state. Some require you to notify the LEO with any contact, others don't require you to notify at all. In some places your CCW is linked to your DL info and the officer gets it instantly, other places the officer may have no idea. Some states are somewhere in between. You've got to know your state's laws.

Opinions vary wether or not to notify if you are not required and some folks have strong opinions for and against. I believe in notifying personally, even though I'm not required to. If you are not required to, and you have passengers, I'd shut up unless they know or have a need to know that you carry.
 
#14 ·
That is actually not consistant state to state. Some require you to notify the LEO with any contact, others don't require you to notify at all. In some places your CCW is linked to your DL info and the officer gets it instantly, other places the officer may have no idea. Some states are somewhere in between. You've got to know your state's laws.

Opinions vary wether or not to notify if you are not required and some folks have strong opinions for and against. I believe in notifying personally, even though I'm not required to. If you are not required to, and you have passengers, I'd shut up unless they know or have a need to know that you carry.

Here in Michigan we are required to inform, yet talking to a fellow CCW holder a few weeks ago he mentioned that the last time he was stopped for a traffic violation (or maybe it was involved in an accident, because he said there were several sherrif deputies present) he told the one he was interacting with that he had a CCW, but was not carrying. The other officers heard part of this and asked "What did he just say?" and when told asked "Why is he telling us this?" apparently they did not know the law or felt that the situation did not require disclosure.
 
#6 ·
I've been pulled over twice and the leo's have been very uninterested in my weapon but unlike obxned i got a ticket twice.:twak:
 
#7 ·
I've had a couple of encounters with LEO over problems in the neighborhood (car thefts). In FL one does not have to inform...I do.
It's never been a problem...they didn't seem to care, but I was not being investigated, ticketed, or anything else...perhaps that made a difference.
I was simply thanked for offering the info.
 
#8 ·
Of the 32 States that I have reciprocity with only 9 require informing an officer that you have a weapon. Of course if you are asked you must inform.

If your wallet and info is handy (without digging around and possibly exposing your pistol ) I see no need to mention it. But that is up to you. I have only been stopped 3 times and informed only once since my pistol was in a crossdraw and might have been seen as I dug for my wallet.

Know the laws of the States you visit.
bosco
 
#9 ·
Colo is a Not Required To Inform state but, the majority of the county sheriffs enter our CCWs into a database of persons of interest which contains mostly suspicious characters. e.g. Criminals, Persons w/ TROs etc. I'm told that LEOs are also in that database.

The thing that makes it bad is that no indication is given to the LEO who runs your info as to just why you are in the persons of interest database in the first place. If I were a LEO and somebody came back marked as being in the that database, I would prepare for the worst.

Therefore, I will give any Colo LEO my CHL along w/my DL, Reg & Ins Proof, just so they don't get antsy when my name cames back highlighted in RED.
 
#11 ·
there is one law that is pretty consistent across the country. That is, if you are pulled over by a LEO for a routine traffic violation, you are to keep your hands on the steering wheel, advise the LEO that you have a concealed carry license and indicate whether or not you are carrying.
There is no law that states you have to place your hands on the steering wheel. However you should keep your hands visible and assume a non provocative position so as not to escalate the situation. You should also fol ow all of the officer's instructions - do as he tells you. You want to keep yourself safe and not appear as a threat to the officer.

As for telling the officer that varies form state to state.l
 
#16 ·
I have posted this before. The first and only time I was pulled over by a LEO after getting my permit, was early afternoon on a Thursday, and I was from a town about 25 miles down the freeway. I had no idea why I got stopped. I am driving a full size van and have a old college friend with me in the front seat and wife in the back seat. The officer asked if I knew why he stopped me and I said no. Plates had expired 3 days earlier. I handed him my DL and permit when asked for my DL. He had been very stiff and rigid, now he relaxed and starting talking to me as friends. He told my to get the new sticker for the tag and have a good day. Not once did he say anything about me being armed and, anyone in the van at the time would not have known. Most officers will not say anything in front of other people if nothing else is going on.
 
#18 ·
Simple Courtesy

I'll take it a step further. Pull over to the right as far as possible. If it is dark out, put on your interior light. Keep your hands on the wheel and advise all passengers to simply place their hands flat on their knees. If you have a concealed weapon on your person advise the officer when they ask for Lic & Reg. This simple courtesy can prevent many problems. Most times officers will look at your LTC and be fine with that. This removes any uncertainty about you. (You are assumed to have a weapon anyway)
 
#26 ·
I'll take it a step further. Pull over to the right as far as possible. If it is dark out, put on your interior light. Keep your hands on the wheel and advise all passengers to simply place their hands flat on their knees. If you have a concealed weapon on your person advise the officer when they ask for Lic & Reg. This simple courtesy can prevent many problems. Most times officers will look at your LTC and be fine with that. This removes any uncertainty about you. (You are assumed to have a weapon anyway)
That pretty much says it all,concise and to the point.Say what you will,no matter the state you are in its better to always err on the side of caution.
 
#19 ·
I want to thank everyone for sharing your responses. All were very informative.

I am an ex-firefighter and, during that stage of my life, I worked closely with many LEO’s. In my experience, I knew a VERY SMALL HANDFULL of them that were a bit overzealous and nervous, mostly while in the rookie stages of their career. I can’t say that I blame them considering the BG population.

If I ever get pulled over by a LEO, regardless of which state I’m in or whether my passengers are friends, family or coworkers, I think that I will elect to err on the side of caution. I figure it can’t hurt since most of you stated that most LEO’s barely even register a reaction. It’s the nervous ones that I worry about.
 
#20 ·
The one time ,I did get stopped it was for an accident where someone hit me.
Maine you don't have to report it but I told the officer anyway as she was
walking around the vehicle looking at the damage.She thanked me asked me
why I carried ? I told her because I can!She said your one off the good guys and she favored CCW.
 
#21 ·
From the research I have done here in VA, we dont have to tell unless asked. But, from what I read, if you disclose your ssn on CHP permit, it will be put into VCIN, so that the permits existence and current status will be made known to LE personnel accessing the network for investigative purposes. I dont remember if I disclosed my ssn or not, if it said optional, I probably didnt. I should call my leo friend here and ask if it shows up when DL is ran, usefull information to have if pulled.
 
#22 ·
I know in NC that you are supposed to do what you said to do, not everywhere is like that. And after talking with a few people, the sheriff deputy at the CCW office and my instructor the common consensus is that though it is not a "law" to keep your hands on the steering wheel it is the best place for your hands as the officer can see them and knows that you are not holding anything other than the steering wheel.

When it comes to passengers, just let them know to act normal. They should know to do that anyways, but just to be safe, let them know to keep hands in plain sight and don't reach for anything out of the sight of the officer or make any sudden movements.

Also be careful with where you conceal your handgun as if it is in say the glove compartment your passenger could get in trouble as if they don't have a CCW and the handgun is in their "bubble." This is also up to the LEO that pulls you over, I have not heard of anyone actually getting in trouble, my instructor just beat that into our heads to make sure we were aware.

enfd250 said:
I want to thank everyone for sharing your responses. All were very informative.

I am an ex-firefighter and, during that stage of my life, I worked closely with many LEO’s. In my experience, I knew a VERY SMALL HANDFULL of them that were a bit overzealous and nervous, mostly while in the rookie stages of their career. I can’t say that I blame them considering the BG population.

If I ever get pulled over by a LEO, regardless of which state I’m in or whether my passengers are friends, family or coworkers, I think that I will elect to err on the side of caution. I figure it can’t hurt since most of you stated that most LEO’s barely even register a reaction. It’s the nervous ones that I worry about.
This is what I plan to do when pulled over, its just better that way IMO.
 
#23 ·
I have been stopped twice since I got my SDA card. Both times were at night. I pulled as for tothe right as I could, turned on the interior lights, and had my hands on the steering wheel, holding my DL, SDA card, and insurance. OK is a required to notify state and I did notify them. Neither one turned a hair. However, on BOTH stops there were several more units nearby when it was over (both warnings). The first one wanted to know if it was on my person or in the car and the second one wanted to know what I was carrying and we ended up chatting like old friends about ammo and methods of concealed carry.

My plan is to ALWAYS inform and anyone who rides with me knows I carry and are briefed on how to act. However, I figured out that if I stay within the law I don't get stopped! DOH!
 
#24 · (Edited by Moderator)
I posted this on another forum web site but it is valid here.

I'm a retired police sergeant from a big city, and also a retired military policemen (active duty and guard).

I was a CCW holder prior to appointment as a police officer and also after retirement.

As a police officer I conducted over a thousand car stops per year (no exaggeration).

I expected that EVERYONE I came into contact with was armed with some type of weapon. When I would pull over a person that would voluntarily admit that they had a CCW, I would just say "no problem, thanks" or "ok".

As a POLICE OFFICER when you are on-duty in civlian clothes, or off-duty, you are told that if you are involved in any incident, the UNIFORMED officers are in charge and you WILL comply with their instructions. I would suggest the same for anyone else.

Cops are like anyone else in your work place, you have smart ones, funny ones, quiet ones, etc., then you have the [Edited] Expect that someday you'll run into the [Edited]. I have.

I have had the chance to travel to many different parts of the U.S. and I know in certain parts especially small rural areas, that there is dissention between neighboring departments, and the police in these areas treat other police they encounter in a very unfriendly manner.

My advice if stopped by the polce, would be to pull over in a safe area so the cop won't get hit by a passing car (even if that means using the highway exit if there is no shoulder), roll all your windows down, turn on your dome light at night, keep your hands on the top of the steering wheel, say "Hi officer" and then wait for him/her to talk. Do not argue with him/her. Do not mention your CCW unless specifically asked.

If you were speeding or doing something wrong ADMIT IT (with genuine remorse). The handful of people that admitted what they had actually done (and I don't mean saying "well I thought I was only going 10mph over the limit" when in reality you were doing 24mph over) I let off with a warning. Why, because when the officer tells you he saw you do something and you tell him you didn't, you are calling him a liar. How does it make you feel when your kids do that to you?

I would recommend the admittance of guilt only for non-criminal (ie., traffic violations) incidents.

If you have any problems with an officer be kind to him/her, remember as much info as possible and then go to the police station and make a report, or write a letter to the chief.

If you are having a severe problem with an officer comply with his/her instructions and politely ask for their supervisor to respond. Call 911 if neccessary. Cooperate and let your lawyer handle any civil rights violations later.

Just remember never to lose your cool, because it is much harder to de-escalate a situation. :nono:

Be safe.

--------------------------------------------------------------------------------
 
#28 ·
My advice if stopped by the polce, would be to pull over in a safe area so the cop won't get hit by a passing car (even if that means using the highway exit if there is no shoulder), roll all your windows down, turn on your dome light at night, keep your hands on the top of the steering wheel, say "Hi officer" and then wait for him/her to talk. Do not argue with him/her. Do not mention your CCW unless specifically asked.
I'm always glad to see comments from cops or former cops about whether or not to voluntarily inform a cop on a traffic stop about CWP status. Previously, I had always come down on the side of "It's not relevant, so don't bring it up". But recently, I read some comments by cops on another forum that said they ALWAYS inform, when they are off-duty (or retired), and are pulled over. I figured they would be in a position to know what's best.

Chroode, could you (and/or any other cops or ex-cops) on this forum elaborate about how and why you reached your decision on whether to inform or not?
 
#30 · (Edited)
Well obvoiously if it is the law in your area to say so, then do.

If you know that your drivers license has it on there, or that it will come up on a computer check, then say so.

If these don't apply I would not mention it and risk causing a situation.

Every police department is just like your own work place, everyone has different opinions. Unfortunately there are no visible signs on peoples foreheads on what they stand for and what they don't.

Does this help?
 
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