Do you have to tell police when you are carrying?

D

Doug.38PR

Moderator
Do you have to tell police you are carrying when you are NOT a CHLer?

In Texas you are allowed to carry a gun in your car when you are traveling (probably that will come to mean carry in car period) and in Louisiana you can carry in your car wherever. In these cases does a person who is NOT a CHLer required to tell the policeman that he is armed?
 
In Ohio you must inform an officer that you are armed when approached. I instruct folks to say, "I have a license to carry concealed and I am armed; how would you like me to proceed, officer?"

Each state differs and you must comply with the laws of the state you are in, not the state in which you are licensed.

-Dave
 
BluesMan,

I like your response; it's to the point and puts the officer in a position to be comfortable by making his/her choice. I think I'll adopt this as my standard if you have no objections.

Andy
 
Not required in my state, with or without a license. I don't give 'em any more information than I feel they need.
 
TheBluesMan
Thats good advice!
Here in Michigan you must disclose PDQ when an officer approaches you in the line of duty and i have ofter wondered how i would handle it.
I'll take your advice its a great idea.
 
Doug checkout packing.org they have alot of good info for all 50 states with links to each states licsensing authority. When I travel I go there and print out the rules for the states I'm traveling through.
 
Doug, as someone on the other side of the badge, let me tell you my take on it:

It is ALWAYS a good thing to inform any officer that contacts you when you are armed. Blues Man's statement is a good one to use; as it has been said, it puts us at ease, and makes the contact much more sociable--and even friendly.

In some states, you don't HAVE to let the officer know...but, here's an example of what might happen:

Officer: "Excuse me sir. May I speak with you for a second."

You: "Sure thing. What's going on?"

Officer: "It's a nice night. I don't see many people here after hours, and quite frankly, I'm a bit curious."

You: "That's OK. I took a shortcut tonight to see a friend."

Officer: "OK. May I see your ID, please? I need it for my report; every time I contact someone, I have to document it."

(You didn't bother to tell the officer that you are packing; as you reach for your wallet, your shirt tail falls away, and--guess what?)

You: "No problem, Officer. Let me get my..."

Officer: "Hold it, right there! FREEZE!"

You now find yourself staring down a gun muzzle.

Officer: "Hands on your head, RIGHT NOW! DO IT!"

You: "But--I was just..."

Officer: "DO YOU WANT TO GET SHOT?! HANDS ON YOUR HEAD! NOW, TO YOUR KNEES! FLAT ON YOUR STOMACH, NOW! HANDS OUT TO YOUR SIDES! CROSS YOUR ANKLES! DO NOT MOVE, OR YOU WILL BE SHOT!"

Officer, in radio: "Roll priority backup, I have one at gunpoint."

Now, here's the second part, after the officer asks for ID, done right:

You: "Officer, I'll give you my ID, but I want you to know that I have a permit to carry, I'm armed right now, and I'm carrying, right side. I have to reach past it to get my wallet. What do you want me to do?"

Officer: "OK. Just keep your hands in sight for me. What's your last name? First, and middle initial? OK, your birth date? Thanks. Hold on a second, I'll be right back with you."

Officer, into radio: "Dispatch, I have a name: Last of Peg, first of Tent, middle initial B, date of birth, 06-07-2009. Also, verify last four digits of SSAN, please.

The officer then asks for your last four, and asks you to hold on for a second, while he or she backs away a bit further. You see the officer speak into the radio for a second, and then return.

Officer: "OK, your CCW's current, and you are clear and current. Be careful, and I hope you make it to your destination safely. Thanks for letting me know about the permit and the gun, OK?"

You: "OK. See you later"

The officer watches you until you get out of sight, then clears and goes back on patrol.

(And, yes, I've had both scenarios!)
 
Oh crap!

I think we should walk up to, and/or flag down every cop we see and inform them that we are packin'...

How about you other cowboys? :p :p :p :p :p

There is no need to grovel... or explain why you are carrying.
No need to volunteer any info... like your mother's age and weight...
You need only present your CWP along with your DL and declare that you are carrying...
Leave the rest up to the officer...

Believe me, he's had sufficient experience telling people what to do. He will tell you what to do.

Like, "Where is your gun?"
"Leave it where it is..."

KISS :rolleyes:
 
"It's a nice night. I don't see many people here after hours, and quite frankly, I'm a bit curious."
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Quite frankly, if I'm not trespassing or breakining any laws, it's none of your d@^% business why I am LEGALLY walking around. What exactly is your probable cause for stopping me? This is a good example of why police officers get a bad name. WAY over-zealous, if you ask me. Don't even get me started about pointing a gun at someone and yelling at them for LEGALLY carrying a gun.:barf:
 
Powderman, I don't like your scenario one bit.

First, I don't think you have any business running someone's ID if you don't suspect them of violating a specific law.

Second, if you're so jumpy when you run into someone with a gun, maybe that's the problem. But then, it's easier to blame them for not disclosing, because they're subjects who are presumed guilty, especially when they're walking around not overtly breaking any laws. :rolleyes:

Oh, and I dislike threads like this, because they offer only anecdotes and the opportunity for spreading misinformation. Packing.org specifies for each state whether its ccw laws require disclosure to LEOs.
 
It's amazing that any thread that contains the word 'Cop' or LEO degenerates into either a bash-fest or some kind of negative accusations faster than the speed of thought!

Obviously Powderman was just illustrating how a situation can turn bad in spite of you being a model citizen and having a CCW for every state in the US. If you don't have to legally disclose to an LEO that you're carrying and you don't wish to, then don't. But if you want to avoid an uncomfortable situation or worse, then just tell him for crying out loud. What's the big deal? You'll probably end up trading gun stories!

A cop friend of mine once pulled over a permit-holder who denied having a gun with him. Reaching into the glove box for his registration, the driver's gun fell out - he thought it was in the console. Neither one thought it was funny when my friend had his 45 stuck in the guy's ear. He chewed him out but good and let him go, explaining that if he (the driver) had reflexively reached for the gun it could have been a very different outcome.

As for Powderman's scenario in asking why you're where you are 'after hours' - that's just a common technique in approaching someone that matches a description of a suspect or has been viewed to act in a suspicious manner. And yes, cops have that authority to make that call because we as a society have decided that they should, and can exercise it - with all due restraint. I doubt he asks everyone he contacts for their ID and reason for being where they are - it's just an illustration, guys.

Again, no big deal, just tell the LEO you're legally armed and all will end well.
 
I don't care if whether I'm required to inform the officer that I'm carrying or not, I'm going to. I agree that we should not be required by law to disclose this information in an incident as minor as a traffic stop. However, I've seen enough nervous rookie cops in my life to convince me that they don't always handle suprises well. I don't particularly feel like getting shot and am more than willing to show my permit if it avoids such a situation. If you choose not to tell the policeman this, that's fine. It's your choice, proceed at your own risk. I find it good judgement and courtesy to inform them of the fact that I am carrying, regardless of the law regarding such matters.
 
I'm really sorry for this but I think it is funny that the original topic was for a situation WITHOUT a license and there has yet to be someone with advice on this exact thing.:rolleyes: (Well OK, some have discussed the topic, sorry)
It is still legal in the state to have a weapon in the car even without the license. I would tell the officer anyway, I'd just double check the law to ensure I was right before bringing this up with LE. A lot of situations that people blame on the cops could have been prevented with a little knowledge.
 
I'm really sorry for this but I think it is funny that the original topic was for a situation WITHOUT a license and there has yet to be someone with advice on this exact thing.
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Um, yes they have. Don recommended that Doug check out packing.org because they list each states' laws. Because the laws vary state to state this is great advice.

It's amazing that any thread that contains the word 'Cop' or LEO degenerates into either a bash-fest or some kind of negative accusations faster than the speed of thought!
Click to expand...

Bash-fest or negative accusations? What exactly are you talking about?

it's just an illustration, guys.
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I think it's sad that you are so quick to defend him without comprehending his post. He clearly stated:

(And, yes, I've had both scenarios!)
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So, I think Powderman at the very least needs to explain himself further. Maybe his explanation will clear things up, but as it is, I find his post disturbing and sad.
 
The original question seems to have been if you are NOT licensed.

My practice is, first, don't carry illegally. But when I am carrying, whether in a licensed situation or not (like securely encased but without my wallet, which hasn't happened and I dont plan it, but just in case) I think it's only common sense to inform the officer in a nonthreatening way and to ask for further instructions.

You CANNOT predict where a simple traffic stop will go. Failing to warn the officer and then suddenly admitting there's a weapon if he decides to search is going to look bad. What else should he be asking about? Letting him find it is going to be even worse.

There's no need to jump in his face and announce it. Let him lead. He'll ask you for your license/registration/insurance. You hand it to him along with your CCL, mentioning it at that time. Give him a moment to SEE the CCL, and when you see he has, mention that you are armed and ask for instructions. No shock or surprise for anybody.
 
Failing to warn the officer and then suddenly admitting there's a weapon if he decides to search is going to look bad. What else should he be asking about?
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In addition to asking about guns, LEOs should ask about knives, dangerous keychain ornaments, bad breath, james bond-style watches, steel-toed boots, high-limit credit cards (indicates potential terrorist or organized-crime activity), white powder (doesn't matter whether it's flour, sugar, or part of a chem lab that's due in 6 hours, that's for forensics to decide), martial arts skills, and telekinetic powers. As a LEO, you just never know what you're up against. It's a dangerous world out there, and your first priority should be getting home safely.
 
This is my understanding of Louisiana law. I am not an attorney, nor do I play one on TV. This only my layman's understanding.

In Louisiana, if you have a CCW permit, you MUST inform an officer questioning you on official business of it, whether you are carrying or not. If you are carrying, you must inform where and how and allow yourself to be disarmed at the officer's discretion.

Date updated: Aug 12, 2005 @ 9:09 pm
RS 40:1379.3.I.2
A permittee armed with a handgun in accordance with this Section shall notify any police officer who approaches the permittee in an official manner or with an identified official purpose that he has a weapon on his person, submit to a pat down, and allow the officer to temporarily disarm him.
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In Louisiana, as far as a weapon in your automobile, that is a grey area. It is not technically a CCW. I, myself, would inform, regardless. Because Louisiana considers the car to be an extension of your home, you are not compelled to inform unless the officer specifically asks. The duty to inform only applies to weapons concealed on your person.

Date updated: Aug 12, 2005 @ 9:09 pm
LRS 14:95.2 (C) (5)
Implies that a firearm contained entirely within a motor vehicle is in a constitutionally protected area and can not be regulated by the state. Our State Constitution only specifically gives the Legislature the power to regulate the concealed carry of weapons. (So anyone can carry a loaded firearm inside a motor vehicle in LA.
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I am unsure of Texas law. Packing.org is a great resource.

I will say that I have never been treated with anything less than respect after informing an officer that was armed. I do it by handing him the permit with my driver's license. I keep my hands visible at all times. If my car is pulled over, I remove my wallet from my pocket and place it on the dash BEFORE I pull over. Most officers have simply handed the permit back and said thank you and then discreetly moved on to the business at hand.
 
Where I live there are so many people who are licensed to carry that it is only prudent for any cop to assume that just about everybody is armed. Unless the reason the contact takes place is because you have committed some transgression, the cop doesn't need to verify whether, or not you are carrying. He, or she is just a police officer--not a master. He, or she works for me and they should respect me as they would their superior.
 
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