Pulled over & a passenger scenario

B

bangbangshootshoot

New member
A question has been brought up to me recently concerning being pulled over, which I didn't have an informed answer to; although I plan on calling my Sheriff to clarify.
Lets say I'm pulled over while my wife is driving & I'm in the passenger seat (I have a Concealed Handgun Permit, wifey doesn't). Am I obligated to volunteer the fact that I have a permit & whether I have my pistol on board?
(Here in NC it's mandatory for the driver to tell the officer that you've got a permit when being pulled over.)
Anyway, just curious if anyone's been in this situation.
Thanks.
 
I have no idea if you are obligated but why would you not want to? I am not obligated to as the driver where I am but if I do get pulled over I feel full disclosure is the best policy. I wouldn't want the officer to be uncomfortable if he did find out. That being said every time I have been pulled over they have asked if any drugs or weapons are in the car and at that point I am sure you have to be honest but maybe they don't ask where your from?
 
Here in MI we are obligated to inform if carrying and most say to inform if you have license.

Many, lawyers included, say that when the vehicle is detained all in it are detained and you should all inform..
 
My advice would be this... If it's a routine traffic stop, let it run it's course. Usually the officer will tell you why he stopped you, what violation he believes she may have commited. If your being stopped for any other reason I'd let the officer know that your legally carrying a firearm. If the stop is for some reason other than a possible traffic violation I'd be guided by the officers instructions reguarding my being armed.
 
State laws tend to vary on whether you have to notify an officer that you're armed. Here in New York, you don't. And while I don't have a pistol, if I did I don't think I'd volunteer that information to an officer unless they asked. No reason to complicate the situation.
 
I agree with Glenn, for just a traffic violation no real need. If you are ordered out of car I would to prevent misunderstandings.
 
I fully believe it's situational...

I'm a LCC holder but I rarely carry while doing my run of the mill stuff, and if pulled over, I sincerely believe that it's nobody's business but my own if I'm carrying or not.

I am in no way legally obligated to inform a law officer that I am a carry concealed permit holder unless I am ASKED by him, or ANYONE for that matter.

My license (sitting right in front of me) says,
"You must have your concealed pistol license with you at all times that you are required by law to have a concealed pistol license, and you must display UPON DEMAND to any police officer or to ANY OTHER PERSON when and if required by law to do so. Failure to do so is a class 1 civil infraction.
Click to expand...

If you are NOT carrying a pistol on your person or in your vehicle, then you are in no way obligated to inform the officer of your LCC status, unless asked. Not in my state of Washington you aren't. And not likely in a state of common sense... But that may not me true in your state and others...

It's exactly like a Dog license to me;

Q: If you don't have your dog with you, what legal reasons does anyone have to ask you for your dog license?

A: None.

If you are unarmed, there is no legal precedence to state that you are a card holder, as simply as the traffic judge asking you at your red light violation hearing, if you had a gun in your car when you ran that red light. It is totally irrelevant to the current situation.

That is why my license say's that I am legally compelled to show my card to ANY person that asks to see it. But a person is Never obligated to walk around announcing that they have a LCC, but if someone asks you, you are legally bound in this state to show the card, but only if you are armed. If you are NOT armed or near a concealed firearm, then you aren't required to carry a license.

Did I get into this too deeply?

Wagonman said that if you are asked to exit the vehicle, then I would possibly up with the fact that I am CW (but only if I was actively carrying or had firearms in the vehicle, whether or not I was driving....)

K
 
Follow-Up

I don't think you went too far with your answer. However, "ANY OTHER PERSON when and if required by law to do so."

The WHEN and IF required by law to do so....

This indicates, to me, that if a person is an officer (police, park, fed, state, city, et. al.), then they have the legal right to make the request. However, it does not suggest that EVERYONE is legally sanctioned to ask if a person is licensed....

Thoughts?
 
Some states link the carry permit to a driver's license...

... and license tag. So, if your car is pulled over in one of those states, there are good odds that the officer anticipates that you are carrying and have a permit, because when your plate is run it will flag your carry permit. Not sure what they'd think when you turn out not to be the driver...

Curious to see what the various LEO members here think. We've had a response from Glen Dee already. Awaiting others.
 
I dont know about other policemen/women... But way back when ... whenever I questioned anyone on foot or on a vehical stop... I'd always ask if they had any weapons, or anything else I should know about. something like this " good afternoon sir, I stopped you because you were going 33 in a 30 MPH zone... Sir?.. do you happen to have any weapons on your person or in your car?... No?.. Fine may I please have your drivers license, registration, and proof of insurance"...
 
In any armed situation, you are ethically obligated to do what is necessary to prevent an unnecessary escalation. In the case of a police officer, you would be rightfully assessed as a threat if you were observed to have an undeclared concealed weapon. The presence of a weapon in a routine traffic stop will likely result in having a weapon pointed at you, and any person in your company, regardless of whether it is legal or not. My state recognizes open carry only, and prohibits it in your vehicle, but if a police officer stops you on the street, sees that you are armed, he is within his rights to draw down, and disarm you before addressing the reason for the stop itself. Basically, if you choose to go armed, you should expect to be treated like it, and act accordingly. Your weapon does more to restrict your activity and behavior than give you any special status.
 
Interestingly...

...in previous, related threads, several LEO's have actually advocated not bringing it up unless asked. They seemed to feel that stating that you are armed, when not asked and not legally required, could effectively raise stress levels.

That's why I'm curious to see what the overall response from LEO's will be, this time around.

My CCW instructor recommended simply handing the carry permit over along with the DL, and letting the officer decide how to proceed from there, as opposed to starting off by saying, "I have a gun."

If one is in the passenger's seat, one probably won't be asked for a DL. Do LEO's recommend the passenger hand his permit to the driver, to accompany the driver's DL?

What is the LEO preference on TFL?
 
When pulled over, IMO, passengers should play the "sit still, keep hands in plain sight, and SHUT UP" game.

If directly asked for ID by the officer, then by all means inform. But unless the officer feels the need to check the identities of other people in the vehicle, the passengers are irrelevant to the traffic stop, and I can't imagine one scenario where their speaking out of turn will make things any better.
 
I cannot really speak to this because no legal CCW in Illinois. However, as I said before if you are ordered out of the car I would make the Copper aware of you CCW status and location of weapon(s). If you are just a passenger and not involved stay not involved unless and until the Copper questions you.

I would assume that a CCW is a "goodguy" card to some extent as long as you pass the hello test
 
concealed carry

Here un Connecticut you are not obligated to tell a police officer that you have a concealed carrying permit if you are pulled over. I believe they may have that information in there computers already.
 
I would assume that a CCW is a "goodguy" card to some extent as long as you pass the hello test
Click to expand...
I don't think as a CCW that you can assume anything, quite honestly. There's no way on earth to know the officer's attitude regarding CCW's at the time a stop is made. Even here in Texas, a place where one would expect a far more positive attitude toward CCW's on the part of officers, that attitude can vary dramatically.

There's really nothing to have an internal debate over if you're stopped in Texas - if you're stopped, and carrying a firearm, the first words out of your mouth should best be those advising the officer of your carrying status and the location of all firearms. If you fail to do so, and the officer finds out subsequently that you're armed, well...there's a pretty good chance you'll be cooling your heels in the pokey that night - and possibly lose your CCW in the bargain.

I have yet to see, and would like to have explained to me by those of you who advise not telling the police officer that you are carrying, what is gained by keeping your carry status a secret? Since you aren't carrying illegally and the police officer cannot charge you with a crime, exactly what do you lose by providing him/her with the information?
 
Here where i live i am in no way obligated to tell an officer i am carrying.
What i was told in the class that it makes the police nervous and if not asked no need to raise the stress level during the stop.
Plus its none of their business as far as i am concerned that i have a weapon
unless they "specifically" ask.So if they don't ask i don't volunteer.
 
Still waiting for opinions from LEO forum members...

... assuming the law doesn't require notification, would you prefer to be told? If so, how?
 
I have not been stopped for a traffic stop but have been thu many "papersplease" road blocks. I have 4 things in my hands; DL,Insurance card, registration card and CCW. Never had a problem.
 
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