This question is for LEOs primarily. If someone with a valid CCP is pulled over while driving, what is the proper way for that person to handle telling the LEO about his CCW? My gut is that if it's a routine stop (speeding, etc.) where I'm most likely not going to be told to get out of my car then I'll say nothing. If I am asked to get out for some reason I'd put my hands clearly on the steering wheel and tell the cop so there's no suprise. What's right? BTW, I hope I'll never need to know...
What is proper disclosure if pulled over?
- Thread starter stevetuna
- Start date
Say "I have a concealed carry permit."
This should suffice as the officer will then ask you if you are carrying (have it with you) and where it is located.
The officer will then provide you with instructions from that point on during the stop. Just follow them and you will be fine.
Just don't say "I have a gun". (my poor attempt at levity).
Check your local PF for advice on this one. They are usually pretty good about this, traffic stops being a high risk item. They want traffic stops to be as uneventful as possible also.
Another source would be any CCW, CHL instruction outfit in your area. This is typical standard instruction for them to their students.
This should suffice as the officer will then ask you if you are carrying (have it with you) and where it is located.
The officer will then provide you with instructions from that point on during the stop. Just follow them and you will be fine.
Just don't say "I have a gun". (my poor attempt at levity).
Check your local PF for advice on this one. They are usually pretty good about this, traffic stops being a high risk item. They want traffic stops to be as uneventful as possible also.
Another source would be any CCW, CHL instruction outfit in your area. This is typical standard instruction for them to their students.
It depends which state you are in. In some states, you are not required to ID yourself to the officer -- and there's some debate about whether or not you should ID under those circumstances. I do so, but understand and partially agree with the reasonings of those who don't. Your life, your call.
When pulled over:
1) Turn on your inside light if it is dark out, so the officer can see your actions as he approaches the car. He won't be as tense and that makes for a more pleasant encounter for both of you.
2) Usually, when you are pulled over, the officer will sit there for a moment or two, watching you, noting down your license, whatever. Use that time to dig out your driver's license and your CPL.
3) After getting out your license, put it on the dashboard and keep your hands on the wheel as the officer approaches.
4) When the officer asks for your driver's license, hand him both pieces of ID, keeping your hands in plain sight and placing them back on the wheel after you hand over the ID. Usually the officer will ask if you are currently armed. Without taking your hands off the wheel, let him know that you are in fact carrying: "Yes, officer, it's on my right hip." (Don't grab at your waistline and say, "Right here!" as you reach for your gun. For some reason they don't like that much.)
5) Follow any instructions the officer gives you regarding the disposition of your weapon. He may want to disarm you and retain control of the weapon, or he may tell you to leave it on your hip. Don't get snippy if he wants to hold onto the weapon for the duration of the stop, because when you are first pulled over he has no idea whether you have an outstanding warrant against you. He won't know that until he runs your ID, and it's reasonable for him to be unhappy about coming back up to your window to tell you he has to arrest you if he knows you are armed. So some officers choose to sidestep that possibility by disarming pullovers at the beginning of the stop.
6) Don't keep a gun in your glove box, and if you DO keep a gun in your glove box don't, don't, don't open that glovebox unless you have told the officer what is in there and gotten his permission and instructions to do so. If there's a gun sitting on top of your vehicle registration and insurance papers, the officer deserves to be warned in advance -- this prevents heart attacks for the LEOs and potential lead poisoning for the citizen.
Usual disclaimers apply: YMMV, FWIW, IANAL.
pax
When pulled over:
1) Turn on your inside light if it is dark out, so the officer can see your actions as he approaches the car. He won't be as tense and that makes for a more pleasant encounter for both of you.
2) Usually, when you are pulled over, the officer will sit there for a moment or two, watching you, noting down your license, whatever. Use that time to dig out your driver's license and your CPL.
3) After getting out your license, put it on the dashboard and keep your hands on the wheel as the officer approaches.
4) When the officer asks for your driver's license, hand him both pieces of ID, keeping your hands in plain sight and placing them back on the wheel after you hand over the ID. Usually the officer will ask if you are currently armed. Without taking your hands off the wheel, let him know that you are in fact carrying: "Yes, officer, it's on my right hip." (Don't grab at your waistline and say, "Right here!" as you reach for your gun. For some reason they don't like that much.)
5) Follow any instructions the officer gives you regarding the disposition of your weapon. He may want to disarm you and retain control of the weapon, or he may tell you to leave it on your hip. Don't get snippy if he wants to hold onto the weapon for the duration of the stop, because when you are first pulled over he has no idea whether you have an outstanding warrant against you. He won't know that until he runs your ID, and it's reasonable for him to be unhappy about coming back up to your window to tell you he has to arrest you if he knows you are armed. So some officers choose to sidestep that possibility by disarming pullovers at the beginning of the stop.
6) Don't keep a gun in your glove box, and if you DO keep a gun in your glove box don't, don't, don't open that glovebox unless you have told the officer what is in there and gotten his permission and instructions to do so. If there's a gun sitting on top of your vehicle registration and insurance papers, the officer deserves to be warned in advance -- this prevents heart attacks for the LEOs and potential lead poisoning for the citizen.
Usual disclaimers apply: YMMV, FWIW, IANAL.
pax
Check you state laws, in some states you must inform an officer if you are carrying.
Other than that, you are an adult. Use your best judgement and take responsibility for the consequences of your judgement.
I pulled a gentleman over for speeding one day in Texas, before the CHL days. He was carrying under the 'travelling' defense, and I would have cut him loose if he had told me he was carrying. Instead, I got my first look at his pistol and shoulder holster five minutes into the stop when he reached into his jacket pocket for rental agreement.
Don't do this.
LawDog
Other than that, you are an adult. Use your best judgement and take responsibility for the consequences of your judgement.
I pulled a gentleman over for speeding one day in Texas, before the CHL days. He was carrying under the 'travelling' defense, and I would have cut him loose if he had told me he was carrying. Instead, I got my first look at his pistol and shoulder holster five minutes into the stop when he reached into his jacket pocket for rental agreement.
Don't do this.
LawDog
P
PreserveFreedom
Guest
Many people like to carry their CHL right next to their Driver License. Just hand them both to the cop.
Here in CO we are allowed to carry a firearm in our vehicle for lawful protection while traveling. If I get pulled over I simply place both hands out the window in plain sight and state "I have a firearm to declare". They then ask where it is. I tell them. They take possession and we conclude our business.
Good guys declare their firearms. Bad guys don't. Be a good guy.
Note: If you are stopped and the officer wants to take possession of your firearm, MAKE SURE HE TELLS HIS PARTNER, WHO WILL BE STANDING BEHIND YOUR RIGHT SHOULDER, WHAT YOU ARE DOING! NO SENSE GETTING SHOT FOR POOR COMMUNICATION.
Good guys declare their firearms. Bad guys don't. Be a good guy.
Note: If you are stopped and the officer wants to take possession of your firearm, MAKE SURE HE TELLS HIS PARTNER, WHO WILL BE STANDING BEHIND YOUR RIGHT SHOULDER, WHAT YOU ARE DOING! NO SENSE GETTING SHOT FOR POOR COMMUNICATION.
I always planned on handing my license and LTC over at the same time. I got pulled over a few weeks ago for my inspection sticker. I wasn't carrying so I didn't show my LTC. I don't think the State Police, or local, have a lookup or reference to the LTC database. I only say this because they don'even ask.
The cops I've met are cool about it. I work in Lexington and one day locked my keys in my truck. I flagged down a bike cop to see if he could help me. He called a cruiser over and they started with the jimmy bar. An hour later there were two cruisers, the bike cop, and a tow truck. Finally my lock popped open. Of course, there was a lot of good natured ribbing among the cops who were there as they all took turns and couldn't get it open. One of them noticed my steel spinning target (what's left of it) in the truck bed. I completely destroyed it with my 30.06 one day.
He got a kick out of it. I asked him what he thought of his Glock 22. He liked it. That was about it.
I don't really know what the point of that story was...
Just don't wave your gun around and say "you didn't pull me over for this did you???"
The cops I've met are cool about it. I work in Lexington and one day locked my keys in my truck. I flagged down a bike cop to see if he could help me. He called a cruiser over and they started with the jimmy bar. An hour later there were two cruisers, the bike cop, and a tow truck. Finally my lock popped open. Of course, there was a lot of good natured ribbing among the cops who were there as they all took turns and couldn't get it open. One of them noticed my steel spinning target (what's left of it) in the truck bed. I completely destroyed it with my 30.06 one day.
He got a kick out of it. I asked him what he thought of his Glock 22. He liked it. That was about it.
I don't really know what the point of that story was...
Just don't wave your gun around and say "you didn't pull me over for this did you???"
I was advised to not say anything about it unless asked to get out of the car or if you have a gun. If that happens tell the officer you have a license to carry, are carrying and ask how he wants you to proceed. Seems logical to me, if there's no law in your state that requires you to announce it without being asked that is.
Why are police so scared of guns?
Why do they have the right or desire to disarm someone while writing a speeding ticket?
If _I_ see someone at the gun range that is armed, I don't draw on them and tell them to "freeze". I don't even get nervous. If I'm out hunting and see that someone else is armed, I don't get the least bit nervous. If I was at the grocery and saw the edge of a gun in a waist band, I wouldn't be scared. If I saw the same thing at a bank, I would pay a little extra attention to their actions at the window, but nothing else.
Why do they have the right or desire to disarm someone while writing a speeding ticket?
If _I_ see someone at the gun range that is armed, I don't draw on them and tell them to "freeze". I don't even get nervous. If I'm out hunting and see that someone else is armed, I don't get the least bit nervous. If I was at the grocery and saw the edge of a gun in a waist band, I wouldn't be scared. If I saw the same thing at a bank, I would pay a little extra attention to their actions at the window, but nothing else.
A certain number of citizens -- not all, not even most, but a significant percentage -- go snot-slinging, vein-popping, common-sense-destroying ballistic when they are issued a ticket.
It is a far better thing to temporarily remove the temptation of the pistol, than to have to kill the man wearing it over a traffic ticket.
LawDog
It is a far better thing to temporarily remove the temptation of the pistol, than to have to kill the man wearing it over a traffic ticket.
LawDog
If I find myself in this situation and the officer requests that I hand over my gun - regardless if it's done in a polite manner or in a way that I'd consider overly aggressive - I hope I'll remember that people in their profession don't know who they're stopping and that even a routine traffic stop is a high risk to them. I'd hold no resentment. Every time I drive on Route 3 in Plymouth, MA I pass a memorial to Mass. State Trooper Mark Charbonnaire (sorry if that's not spelled correctly...). He was killed by a BG one night after a routine stop. A local trooper here on the Island knew Mark well. It's been maybe ten years and he still talks about his friend with pain. It makes me appreciate what those guys must deal with. So, if I get pulled over, I will do what is asked. End of story. I have nothing to hide and thus nothing to fear.
David Scott
New member
Pax gives good advice.
I posed this question to our Sheriff's Dept. While Florida doesn't require you to imform the officer you're carrying, its' a prudent thing to do. If the cop spots the weapon and you haven't told him, he will act for his own safety. Most likely you'll be ordered out of the car at gunpoint and told to lie face down in the dirt while he disarms you.
The proper procedure according to the is like Pax says. Dome light on, windows down, keys out of the ignition and on the dash. Hands in plain sight on the wheel. "This is my driver's license, registration, insurance card, and this is my weapons permit. I'm armed. How would you like me to proceed?" That last is important, it tells him you recognize his control of the situation. Key factors are to be calm, polite, and cooperative as you can without surrendering your rights. (Note that being armed while you have a valid permit is not probable cause to search the whole car.)
If he calls in your license and it comes back without wants & warrants, and if you are not under the influence, the deputies here will probably just tell you to keep sitting on the weapon and keep your hands away from it. They can disarm you for the duration of the stop, and hand the weapon back unloaded before they go.
In Florida do NOT ever get caught carrying while under the influence. You will lose the permit like a shot.
I posed this question to our Sheriff's Dept. While Florida doesn't require you to imform the officer you're carrying, its' a prudent thing to do. If the cop spots the weapon and you haven't told him, he will act for his own safety. Most likely you'll be ordered out of the car at gunpoint and told to lie face down in the dirt while he disarms you.
The proper procedure according to the is like Pax says. Dome light on, windows down, keys out of the ignition and on the dash. Hands in plain sight on the wheel. "This is my driver's license, registration, insurance card, and this is my weapons permit. I'm armed. How would you like me to proceed?" That last is important, it tells him you recognize his control of the situation. Key factors are to be calm, polite, and cooperative as you can without surrendering your rights. (Note that being armed while you have a valid permit is not probable cause to search the whole car.)
If he calls in your license and it comes back without wants & warrants, and if you are not under the influence, the deputies here will probably just tell you to keep sitting on the weapon and keep your hands away from it. They can disarm you for the duration of the stop, and hand the weapon back unloaded before they go.
In Florida do NOT ever get caught carrying while under the influence. You will lose the permit like a shot.
Important note for any LEO's - though suspect you are already aware.
Most UK drivers will get out of their car upon being stopped and go to the police officer. Largely done out of respect for the uniform and being polite etc. ( and hoping to smarm your way out of a ticket! )
Often, you will then be invited to sit in the back of the patrol car - for which read, bright paint and blue light - no bars / cages etc.
Please appreciate, I have not been stopped often!
From reading this thread, the holiday 'myth' that visitors to the US come back with appears true.
I shall carefully note should I ever visit ( hope to do so ) as it would appear the 'standard' practice over here is a good way to liven up proceedings!
Most UK drivers will get out of their car upon being stopped and go to the police officer. Largely done out of respect for the uniform and being polite etc. ( and hoping to smarm your way out of a ticket! )
Often, you will then be invited to sit in the back of the patrol car - for which read, bright paint and blue light - no bars / cages etc.
Please appreciate, I have not been stopped often!
From reading this thread, the holiday 'myth' that visitors to the US come back with appears true.
I shall carefully note should I ever visit ( hope to do so ) as it would appear the 'standard' practice over here is a good way to liven up proceedings!
Smurfslayer
New member
Don't dig around for your license...
Of all places, I found this in a book written by an ex NY trooper. He asserted that when stopped, '...window down (at least a little), interior light on, hands on wheel & don't move. When approached and spoken to, speak back.' It's this opportunity you use to be nice, polite & ask officer friendly for a warning. It never hurts of ask for a warning, the worst that can happen is he says no. Anyway, he doesn't address CCW directly, but he does say that if you're not fumbling around, you're subtly putting the officer - or keeping them - at a lower state of alert. i.e.
"license & reg, please"
"Certainly. They're in my rear pocket inside my wallet. I didn't want to be fumbling around while you were approaching..."
Of all places, I found this in a book written by an ex NY trooper. He asserted that when stopped, '...window down (at least a little), interior light on, hands on wheel & don't move. When approached and spoken to, speak back.' It's this opportunity you use to be nice, polite & ask officer friendly for a warning. It never hurts of ask for a warning, the worst that can happen is he says no. Anyway, he doesn't address CCW directly, but he does say that if you're not fumbling around, you're subtly putting the officer - or keeping them - at a lower state of alert. i.e.
"license & reg, please"
"Certainly. They're in my rear pocket inside my wallet. I didn't want to be fumbling around while you were approaching..."
Kampfjaeger
New member
Well, being somewhat of a reformed leadfoot that has a CCW in both CT and FL, I can sound off on this topic. I've never been pulled over in FL, but I have in CT. And when I was pulled over in CT, two of those incidents occurred while I was packing (legally.)
The first time I got pulled over, it was a big speed trap with a bunch of Staties netting a lot of speeders. Bummer. Well the LEO that approached me was a young (read: new) trooper. And he came forward aggressive, loud, and in my mind, a bit overly forceful. He gave me a bit of a time. When he was done, I stated very politely, Sir I must inform you that I am carrying a loaded firearm on my person. My permit is here with my drivers license. At which point, that young officer visibly did a mental back-the-fu*k-up and continued with a more polite tone of voice. He then said that I should have told him right off the bat that I had a gun on me. He's right, I just couldn't interrupt him.
The second time occurred late late late at night on an empty freeway on a drizzly summer night. An unmarked police car pulled me over as I was coming home from work. I was going a bit (Read: quite a bit) over the speed limit and I was sure to be getting a ticket. I turned on my dome light, rolled down the windows on both sides and had all my paperwork in my hands (which were propped on top of the steering wheel to make the stop more police friendly.) The cop came upto my window and I promptly informed him that I was carrying a loaded firearm and presented my papers. He looked them over (never even left the window to go run my numbers) and returned them to me. He then asked me if I knew why he pulled me over. At that poin all I could do is chuckle ruefully and say, "Probably speeding?" He smiled back and asked where I was headed in such a hurry. I told him I was going home from work. He then told me to slow it down and drive safely. And have a good night. No problems.
I have never been drawn down on, or asked to procure my pistol. In both instances I was always ready with my paperwork and had my hands in plain view for the officer. I spoke in respectful tones and made sure that the officer did not feel specifically threatened by me. But then I always made sure I did that whenever I had an interaction with the police in my car whether I was packing or not.
The funny thing that I noticed was that when I did not have a gun on me, I had more instances in which the police were more aggressive and less than pleasant with me. When I DID have my CCW Permit and my gun (never one without the other) they tended to be more respectful and polite. I kind of took it to be one of two things. Either they realized that the playing field was somewhat even as far as firearms go and that made them change their tune, or (and I prefer to think of this one being the reason) they saw that I had a CCW permit and realized that it signified that more likely than not, I was not a wanted felon or some other dirtbag.
I certainly hope that nothing in my post is taken to be of the time that I felt that "I showed the pushy cops." Far from it. I have a lot of respect for them and my best friend is now a CT State Trooper. I made him promise me that if I ever come back up to visit, he doesn't pull me over. And as far as the types of violations I was pulled for, they were all highway stops. And this was back when 55mph was the universal rule for CT highways. And I tended to go about 15mph over the speed limit. Never drove like a jackass, just fast.
The first time I got pulled over, it was a big speed trap with a bunch of Staties netting a lot of speeders. Bummer. Well the LEO that approached me was a young (read: new) trooper. And he came forward aggressive, loud, and in my mind, a bit overly forceful. He gave me a bit of a time. When he was done, I stated very politely, Sir I must inform you that I am carrying a loaded firearm on my person. My permit is here with my drivers license. At which point, that young officer visibly did a mental back-the-fu*k-up and continued with a more polite tone of voice. He then said that I should have told him right off the bat that I had a gun on me. He's right, I just couldn't interrupt him.
The second time occurred late late late at night on an empty freeway on a drizzly summer night. An unmarked police car pulled me over as I was coming home from work. I was going a bit (Read: quite a bit) over the speed limit and I was sure to be getting a ticket. I turned on my dome light, rolled down the windows on both sides and had all my paperwork in my hands (which were propped on top of the steering wheel to make the stop more police friendly.) The cop came upto my window and I promptly informed him that I was carrying a loaded firearm and presented my papers. He looked them over (never even left the window to go run my numbers) and returned them to me. He then asked me if I knew why he pulled me over. At that poin all I could do is chuckle ruefully and say, "Probably speeding?" He smiled back and asked where I was headed in such a hurry. I told him I was going home from work. He then told me to slow it down and drive safely. And have a good night. No problems.
I have never been drawn down on, or asked to procure my pistol. In both instances I was always ready with my paperwork and had my hands in plain view for the officer. I spoke in respectful tones and made sure that the officer did not feel specifically threatened by me. But then I always made sure I did that whenever I had an interaction with the police in my car whether I was packing or not.
The funny thing that I noticed was that when I did not have a gun on me, I had more instances in which the police were more aggressive and less than pleasant with me. When I DID have my CCW Permit and my gun (never one without the other) they tended to be more respectful and polite. I kind of took it to be one of two things. Either they realized that the playing field was somewhat even as far as firearms go and that made them change their tune, or (and I prefer to think of this one being the reason) they saw that I had a CCW permit and realized that it signified that more likely than not, I was not a wanted felon or some other dirtbag.
I certainly hope that nothing in my post is taken to be of the time that I felt that "I showed the pushy cops." Far from it. I have a lot of respect for them and my best friend is now a CT State Trooper. I made him promise me that if I ever come back up to visit, he doesn't pull me over.
And as far as the types of violations I was pulled for, they were all highway stops. And this was back when 55mph was the universal rule for CT highways. And I tended to go about 15mph over the speed limit. Never drove like a jackass, just fast.I was just pulled over last weekend for 75 in a 55. When the officer came up to the window I simply handed him my permit and drivers license. As I was handing it to him i also told him. He simply ask If i had my gun with me and where it was. I told him on my belt and he handed me back my license and said to slow it down. As many times as I have been pulled over I have always found that if you are completely honest and respectful you will get off with a warning more times than not.
Michael Goeing
Michael Goeing
In Michigan, the new ccw law requires that you notify the officer that you are have a ccw permit. If you do not, you lose the permit, whether you are carrying or not. I ascribe to the "hand him your drivers license, proof of insurance, registration and CCW permit" ethic while saying I am carrying now while keeping hands in full view. Having said that, as an honest law abiding citizen and former LEO, I do not like the law. I see no reason to inform the officer I am carrying unless the firearm is obvious. Why jack up the deal a couple of notches. It's just a ticket, eh? If he has pulled me over for speeding etc, I just politely take my medicine; why interject the gun thing?
Well the law must be obeyed and I will knuickle under, I guess.
Grampster
Well the law must be obeyed and I will knuickle under, I guess.
Grampster
SA CHL/CCW is not a get-out-of-jail free card; however, at least in Texas, a valid CHL indicates the holder has not ever committed a serious felony.
Note that for CHL purposes, even "sealed" juvenile records are opened and evaluated. The holder also has no judgements for late payments of taxes or child support or a host of other "transgressions."
Several officers have told me they are relieved when they learn the driver has a valid CHL. Though nothing is guaranteed, the CHL increases the odds of a peaceful traffic stop.
Obviously, among officers (just as among TFLers) no opinion is universal. (Contradict that to prove my point. )
Note that for CHL purposes, even "sealed" juvenile records are opened and evaluated. The holder also has no judgements for late payments of taxes or child support or a host of other "transgressions."
Several officers have told me they are relieved when they learn the driver has a valid CHL. Though nothing is guaranteed, the CHL increases the odds of a peaceful traffic stop.
Obviously, among officers (just as among TFLers) no opinion is universal. (Contradict that to prove my point.
)