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Declaring CCW on a Routine Traffic Stop?

14K views 60 replies 53 participants last post by  sigpack 
#1 ·
I briefly search on this topic and didn't see it, sorry if it has already been discussed on this forum.

I was recently debating with a friend on whether to declare that you're "legally in possesion of a load firearm" imediately when pulled over for a routine trafic stop, or whether to not say anything unless asked or told to step out of the car by the officer.

On one hand declaring might delay the traffic stop, and get the officers blood pumping for no reason.

On the other hand the LEO's that I have talked to say they would rather know upfront, than find it later. They might appreciate you acknowledgment for their safety any give you a warning on for speeding.

We both carry, but neither of us have been pulled over while carrying.

What is the general consensus for getting pulled over: immediately declaring, or only if asked?
 
#4 ·
It's a requirement to notify here in Ohio. You might be able to squeeze by if it truly is just a routine stop and you don't have to leave the car, but I wouldn't chance it.
 
#15 ·
In Ohio I wouldn't count on possibly squeezing by on any stop initiated by LE whether you leave the car or not. It clearly states "The person SHALL inform".
 
#6 ·
In KY you are required to inform the LEO of your CCDW and your weapon. Officers in states that have CCLs are aware of how to handle these things. I asked a LEO friend how he handles these things and he will ask where it is and tell the driver to leave it alone. He will ask for the driver's license and registration and the CCDW permit. Once these are checked he will go about the reason for the stop and that is usually it, as long as the paperwork checks out.
 
#7 ·
Obviously if you live in a "must inform" state, do so. If you do not have to inform by law, you are usually listed as a CC in the DMV database. My thinking is that I will notify in either situation, just to be covered. I know that many here will say that concealed means CONCEALED! However, unless you know the LEO already, you don't know which way they lean regarding CC. If they are PRO they won't care. If they are ANTI they will already know in most cases. So, inform and be done with it.
 
#9 ·
You're wrong pal. Sorry. Since handgun registry is illegal per the US constitution and then reaffirmed by most states respective constitutions, the DMV should not and likely doesn't maintain a list of who has a carrying permit/license. Therefore if you're going about your business and are pulled over for a traffic violation of some sort, there is no need to add a firearm to the fray and significantly increasing the chances of having your rights trampled.

If you live in a "must inform state" then I urge you to follow the law and inform the officer immediatly. Otherwise don't give more information then necessary. If the officer asks you if you have a firearm in the vehicle, inform him you are licensed to do carry and do infact have a firearm, then relay to him the location of said firearm.

Otherwise deal with the traffic stop, be polite, and shut up.
 
#10 ·
For the record: my state does not require that I inform an LEO if I am carrying.

My approach to this will be not to offer the information unless I'm asked or unless the gun is going to become obvious during the course of the traffic stop. I'm not under any obligation to tell an LEO about a concealed weapon. If they ask, I will not lie (you cannot lie, in fact). I would answer the question if they did ask with "I have a CWP and a legally concealed firearm" then proceed however I am directed.

I disagree with the point that LEOs in CWP states "know how to handle" those situations. Some cops (usually the ones uncomfortable with concealed carry) will be all jittery while others (usually the ones who support right to carry) will be totally cool with it and will proceed like normal. This is why I wouldn't offer the information... because obviously I can't tell from "License and registration, please." whether this guy is going to freak out or not. Now of course if the gun is in my waist band and it's going to peak when I shift to get my wallet for my license, I'm going to be up-front. If it's in my glove compartment and it's going to practically fall into my hand when I get my registration, I'm going to be up-front.

During my CWP training class the deputy that taught it had the best story about this exact scenario. He said his approach was always to, if he was informed that someone he pulled over had a concealed weapon, was just to ask for their permit and tell them to keep clear of where he was told the weapon was. He stays relaxed and might even ask about what sort of gun the individual carries. Since he's teaching the class, he's obviously comfortable. He warned us that not all cops are so cool...

He told me a story of his days as a cop in Miami. A less experienced officer in his department, who was jumpy and uncomfortable with concealed weapons, made a routine traffic stop. The guy he pulled over informed the officer he had a CWP and a legally concealed weapon. The officer got very nervous and he and his partner both drew their weapons and got the man out of his car. The partner held the man at the front of the vehicle while the first officer retrieved the weapon from the glove compartment. The officer then proceeded to try and unload the weapon. He dropped the clip out, but failed to catch it. The clip hit the ground and the spring popped out, startling the officer so much that he pulled the trigger on the gun in his hand which discharged the round in the chamber... skipping off the pavement and hitting the man's car.

There was nothing wrong or illegal about what the officer did. He's within his right to remove the gun from the car, unload it, and lock it in his cruiser until the traffic stop is over. On the other hand... if he hadn't been so flippin' nervous and jumpy he wouldn't have put a bullet hole in a citizen's car and nearly shot himself in the process.
 
#20 ·
My approach to this will be not to offer the information unless I'm asked or unless the gun is going to become obvious during the course of the traffic stop.
I'm not required to inform in Virginia, either, but when I reach over to the glove box to get my registration, if the cop is standing there, he is going to see my sidearm (I'm a lefty - it'll be right in front of his nose). So I would tell him before reaching over like that.

Now if I have a passenger in the car who gets the registration out for me, negating my need to lean over, then I probably won't inform unless asked or unless it's clearly visible.
 
#11 ·
I was pulled over once while carrying and while it is not a requirement that I inform the officer I did. He thanked me and let me go with a warning. He also said that I had to inform him and that it was written on the back of my CC permit, which is not true. I didn't argue the point, I was just thankful that I didn't get a ticket.
 
#13 ·
Since your in Washington state and notification is not required, it is simply a judgment call. I know there are those on here that do not agree with me, but I personally opt to inform.
 
#16 ·
I would let them know, even though its not required here in AZ, you may have missed something if some law has been changed and now you are not compliant.
 
#17 ·
In FL there is no requirement to inform...I would politely mention it, but if treated like a 'bottom feeder', or my gun mishandled, dropped, or placed into the trunk, I may have to brush up on my typing skills.:yup:

For the OP...I guess it would also depend upon the situation, sort of play it by ears.
 
#18 ·
Not required to notify in Tennessee, but it is moot point. Your HCP is tied directly to your DL (issued by same office)and thus to your vehicle registration. It is normal SOP in TN is for officer to run your plate before approaching car. He already knows you have an HCP before he starts talking to you. I give them what they ask for: if he wants DL and Registration that's what he gets. If he asks for HCP and whether I am carrying I show HCP and I state weapon and where located.
 
#19 ·
No requirement to inform in my state, and I don't see any point in doing so! By law we do have to furnish accurate information if asked, which I would do if the officer inquires.

Was rear-ended (minor impact) two years ago. Police came to the scene, I said nothing, they didn't ask. The fact that I was carrying had nothing to do with the whole transaction, so I didn't have any reason to inform.

There are numerous stories in threads on various forums advocating that one inform regardless of law, often hinting that they avoided a ticket by doing so...BS.
 
#21 ·
While I understand the idea of not complicating the stop any, Since I always carry on my right hip, and my wallet is in my right hip pocket, I figure notice is the bnest policy, since I don't want the oficer glimpsing a gun and I try to dig out my wallet.

Just my $.02
 
#22 ·
Not required to notify in Idaho but they absolutely do know if the owner of the car has his CCW when they run the plates. My decision (not had to do it yet) is to provide my CCW permit with my driver's license and then follow his directions. To each his own though.
 
#28 ·
It's purely a state matter. It's REQUIRED in Ohio. In other places where it's not required, I wouldn't. A guy from North Carolina notified in Fairfax County, Virginia and was falsely arrested for a bunch of nonexistent "crimes", including "carrying a loaded gun across state lines", "having hollowpoints", and "carrying a concealed weapon (with a credential RECOGNIZED by VA). When the guy was brought in, he was immediately released by a magistrate who explicitly said that he'd been falsely arrested. Supposedly, they even tried to keep his gun after the magistrate dismissed the imaginary "charges". Word is that the guy declined to sue, although he definitely should have. Nobody seems to know why, although the basics of the story were confirmed. The story is available on the Virginia Citizens Defense League (VCDL) website.

If you obey the law regarding notification, you should be fine. Nobody has a right to demand more than that.
 
#30 ·
Not required in MN either.

Massad Ayoob has a video for "what to do when you are carrying and pulled over." He recommends handing over your license and permit together with your hands in view. He also says to say "I am carrying" and never use "gun" because a backup officer may not hear anything but that.

I don't want the officer to have any suprises.
 
#32 ·
I've asked every LEO I know (about a half dozen). Every one of them appreciate knowing you are carrying BUT don't use the word "GUN".

As you hand them your License, registration & CCW permit, tell them something like: "Good morning/afternoon/evening officer, for your safety, I would like you to know that I am legally armed"... then tell them the exact location of your handgun.

Leos really like it when you have all your windows rolled down & your hands on the steering wheel as they approach your vehicle.

handgunlaw.us shows whether or not this is a requirement for every state.
 
#39 ·
+1

Especially at night. The traffic stop is one of the more dangerous duties an officer has to perform. He/she has to approach a total stranger's vehicle, not knowing if the driver and/or passengers are armed, on drugs, just stole the vehicle, ready to blast the officer when he/she walks up to the window, etc, etc.
 
#33 ·
I'm in Missouri and our statute does not require that we disclose. However, as a former MP I suggest that everyone disclose, not only as a courtesy to the Officer, but for your own safety. Violent crime rates (as well as others) are going up, so it's understandable if LEO's are jumpy when they hear "gun".

Sure you might have that head-strong Officer that wants to yank you out of your vehicle and treat you like a criminal by disclosing your CCW, but if you phrase it properly there should never be a problem if you're following the laws of your State.

First and foremost, everyone should understand that everything you say can be used against you in a court of law to hurt you in the legal process, but anything said by you that could help your case in the legal process is generally deemed hearsay by the courts. Absolutely never surrender your firearm under any conditions without a property receipt accurately recording and depicting your firearm, to include the condition. It's been my experience that if it's seized or surrendered, you'll likely get it back damaged in some manner, if you get it back at all...your word against theirs at that point if you don't have an accurate property receipt.

Phrasing that works (for me): (greeting of the time of day), Officer. Before we start the process of this stop, for my piece of mind and yours, I would like to inform you that I am a current concealed carry permit holder and do have my carry tool in the vehicle with me.
It's important to be courteous and professional, even if you have no respect for the specific officer, it illustrates that your safety as well as the Officer's concerns you.

At that point, comply with all instructions. Us military folks would say: take all instructions from the tower and follow them.

Almost forgot, if an Officer asks/requests if he/she can remove your carry firearm from the vehicle, be sure to ask if the Officer is familiar with how your specific firearm functions in its current state...it could place you and/or the officer in harms way if you don't. I had an officer request to remove my 1911 from my vehicle recently and the officer had no idea how to handle a cocked-and-locked 1911...made me glad I asked as the officer decided it was best to leave it.
 
#34 ·
In Kansas we DO NOT have to inform, UNLESS ASKED.

In one situation I advised, and I quickly found out I was in the presence of nervous pervous Barney in Mayberry. In one, I didn't, because I was not carrying at that moment. After running a check on me (which would tell him I had a CCL), he seemed to be looking and wanting to ask... but never did.

However, if the occassion would occur where they asked me for my DL, I would inform... because my wallet is right next to my gun. None of us need any misunderstandings. When out of state, I would not take any chance and inform.
 
#36 ·
I also live in Kansas and the instructor of my CCW class was a ex LEO and he suggested that if ever stopped it would be better to declare to the officer that I was carrying even if I wasn't asked. His theory was that the officer would run my license and see that I had a CCW permit and then could be suspicious/angry that i was not forth coming at first with that info. He said that the situation could turn bad for me because the officer could then scrutinize everything to try and find something illegal to ruin your day.
 
#35 ·
In Colorado, after I received my CCW, I called the State Police and asked how they preferred traffic stops to be handled. The Trooper stated he appreciated my call and that they like to be told up front if you have a valid CCW and are carrying your firearm. They said all agencies of law enforcement would appreciate knowing up front.

I don't mind letting them know, especially since they'll likely know as soon as they run my plate or my license anyway. I've got nothing to hide so no reason to hand over my license, CCW, and fire department I.D. right away.
 
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