Traffic stop while carrying

[sgtsandman]

My point is that I've had a cop try to get me to notify when NOT armed, which is completely extra-legal. I've had non-cops do likewise. In every instance, my response has been "no".

I don't like Ohio's notification requirement, but I'll obey it. I obey the law. Arbitrary whim on the other hand, I don't waste my time with.

Ok, now I get where you are coming from. That makes about as much sense as wiping before you poop...

 

[Don 73]

You missed the part where I said that that's EXACTLY what one Rocky River cop asked me to do. I politely declined. Others have had identical experiences... or worse.

I've also had a number of non-LEOs tell me that I need to "notify" when not armed.

For some LEOs, it's ignorance on their part. For others it's a manifestation of a desire to "push the envelope".

A NON-LEO, unless they are versed in the subject, is really just guessing as to when you should inform. To set the record straight: IF YOU ARE NOT ARMED THERE IS NOT NEED TO INFORM OF ANYTHING. If asked, you can say I'm licensed, but not carrying, or simply say "No."

*I* usually ask before the person I've stopped has a chance to inform, it gets the BS out of the way so we can get down to the real business behind the stop.

As for the LEO "Pushing the Envelope," I personally think it's more out of ignorance than animosity.

We recently had a department memo put out about open carry in public and how UNLESS <they> are doing something illegal, there is no justification in stopping a person JUST for having a weapon on their person including a slung rifle. Now if you're waving it around..., well that's another story.

I actually got into a "disagreement" with another officer about open carry ... he was uncomfortable with it & didn't really like the idea, but I think I got through to him.

 

[Don 73]

I agree 100%

I’m not saying that anyone absolutely shouldn’t inform during a traffic stop, nor am I saying they absolutely should. It just bothers me when someone gets on the internet and insists that I must inform. That’s what I was responding to.

The only thing you have to listen to is the law of your state, if it says 'inform,' then you inform, if it doesn't say to inform, then it's your discretion (unless asked directly).

 

[Seneca]

When I go to work every day, I don't have to wear a bullet proof vest or carry a handgun, handcuffs, mace, billyclub, etc. as part of my work attire. And, I am reasonably certain that no harm will befall me from unhappy customers other than the loss of future business. To those of you in law enforcement who have to put up with the dregs of society daily and still be polite to the taxpayers ( you know who we are because we will certainly tell you ), my sincere thanks. If I can do anything to make your job a teeny bit easier, I will. If you stop me I will, without the slightest bit of concern for my rights, inform you that I am carrying and show my permit because it's the law in Michigan and because you are a fellow human being and I want to make things as easy on you as I can. I don't understand the attitudes of those on this forum who seem to have a problem with that.

 

[CajunBass]

The couple of times I've had contact with LE since I got my CHP I just haned them the drivers license and CHP at the same time. Both times they handed the CHP back, once with no comment, the other time with "I don't need that." No mention was made of guns.

 

[cmort666]

The couple of times I've had contact with LE since I got my CHP I just haned them the drivers license and CHP at the same time.

In Ohio, that wouldn't be considered proper notification.

It ESPECIALLY wouldn't be considered proper notification if there were multiple ARMED CHL holders in the vehicle. THEY must verbally notify, individually as well. AND every time a previously unnotified cop makes contact with any of the occupants, the process must be repeated.

 

[Kanewpadle]

I worked part time at a gun shop with an indoor range for a couple years. We had LEO contracts and I got to know several officers from different agencies.

I took a poll and asked 10 officers if they would like to know up front early in the stop if I was carrying concealed. All but one said yes. Most said they would be suspicious if you didn't.

Several went on to say that even though it isn't required under state law, it could and probably would prevent problems or awkward situations during the stop.

I'm a law abiding citizen. I got nothing to hide. Three times I was pulled over and three times I handed the officer my permit and drivers license. All three times the officer was extremely thankful and let me off with a warning.

An officer is no different than the rest of us. They do their job and go home. If I can make them feel a little at ease in a potentially dangerous situation so be it. Don't hurt me none.

Frankly, I don't understand the "militant" attitude that some people display with cops. State law or no, respect the person behind the badge until they give a reason to do otherwise. And even then, tread carefully.

 

[AirForceShooter]

I'm in Florida too.
This conduct is totally outrageous.
I'd file a complaint with internal affairs.
Once he passed the blow test the stop should be over.

AFS

Notification is NOT required in Florida, but a friend of mine (a local youth minister) got stopped in a DUI roadblock one night in the wee hours. He does not drink, and had not been drinking. He had been out with his airsoft group and had his airsoft M-4 on the back dash of his Challenger... no tint, in plain view....

The officer asked about the gun and he explained that it was airsoft. He asked the officer if he wanted to check it out, and the officer said no. He explained that he had been playing airsoft, and had consumed no alcohol. The officer asked for his ID, and he provided both his DL and CCW. Officer DID NOT ask if he was armed, and he did nto volunteer this information at this time (he had a full size 45 on his right hip).

The officer asked him to step out of the vehicle, and continued a line of questioning indicating that he was suspicious of DUI.... My friend, upon being asked to step out informed the officer that he was armed with a 45 on his right hip...,, no response from the police....

He got out and performed the field sobriety tests, answered their questions, and interrupted the cop and his partner TWICE to inform them that he was armed.... again, no comments from either officer on the fact that he was armed..... (three ignored notifications, and they had his ccw in their possesion).

At that time, they decided to search him, had him put his hands on the hood of the car, and he for the forth time (with his hands on the hood and back to the officers) informed them that he was armed with a 45 on the right hip (this gentleman is tall and skinny... hard for him to hide a 5" 45). Again no response.... as the original officer started to pat him down, and reached around the belt, he acted surprised to find the gun, pinned my friend on the hood, and berated him for carrying a loaded gun, while he struggled to get the gun out of the IWB holster. The verbal assault continued as the officer could not figure out how to clear the 1911, and had to have his partner show him the safety lever. Verbal assaults continued after the gun was cleared, and the preacher was placed into handcuffs and told he was going to be arrested. (second officer was running the gun for stolen).

Of course the gun came back clean, and when the partner returned he removed the cuffs, gave the gun, round, and magazine back, and told him he was free to go.

Now this fellow is young looking for his age, and has a nice car, nice job, and is a very mild mannered individual. He had never had something like this happen, and we all are still amazed that it could happen to this guy... the best we can figure the offending cop was a younger trainee, or having a bad night ect.... It just really was a pain in the butt for him, all for no reason.....


Reason I post all this is thats what I believe gfy1960 officer was saying.... if you act like an ***, it is an attention getter.... you can always calm down and apologize for being a jerk, but the LEO needs to get the fact that you are armed before things go downhill..... I doubt any cop would hold it against you when all is said and done..... it is just information that needs to be clearly communicated efficiently....

 

[CajunBass]

In Ohio, that wouldn't be considered proper notification.

I'm not in Ohio. <shrugs>

 

[5BeansintheWheel]

I worked part time at a gun shop with an indoor range for a couple years. We had LEO contracts and I got to know several officers from different agencies.

I took a poll and asked 10 officers if they would like to know up front early in the stop if I was carrying concealed. All but one said yes. Most said they would be suspicious if you didn't.

Several went on to say that even though it isn't required under state law, it could and probably would prevent problems or awkward situations during the stop.

I'm a law abiding citizen. I got nothing to hide. Three times I was pulled over and three times I handed the officer my permit and drivers license. All three times the officer was extremely thankful and let me off with a warning.

An officer is no different than the rest of us. They do their job and go home. If I can make them feel a little at ease in a potentially dangerous situation so be it. Don't hurt me none.

Frankly, I don't understand the "militant" attitude that some people display with cops. State law or no, respect the person behind the badge until they give a reason to do otherwise. And even then, tread carefully.

You say you are a law abiding citizen, but you have been pulled over 3 times. Did they pull you over because you were abiding the law?

You despise open carry even where legal and carrying in bars is a "bad idea" again even where legal. I don't understand the " militant" attitude that some gun owning people have against what is legal. If you don't like it then don't do it. I will make my own choices based on the law.

I have not been pulled over in 20 plus years, and hope that I never do. But if it happens, I do not legally have to notify in Pa. The reasons I won't are simple and not "militant" at all.

I don't care to take the chance of getting shot by my own gun while being disarmed for one.

I don't want some passerby shot with my gun while an LEO who may not be familiar with it is trying to unload it on the side of the road, for his safety.

I don't need the LEO to tell me I don't own the gun because it is not in Pennsylvania's illegal sales data base under my name. Never mind it was a legal gift from my grandfather and now have to jump through hoops to get it back. Read my link for more insight on the illegal sales data base http://smith-wessonforum.com/lounge/363726-members-pa.html#post137773297

About 4 years ago on the 4th of July the girl friend and I decided to harass some trout in the only cold water in our area. It was the dam release at a popular reservoir and there was a dui check point.

We had her truck and I was open carrying in the passenger seat. I told her to not say a thing about the gun and I got closer to my door. With the truck basically surrounded by LEO, I kept my mouth shut and my hands on my knees. I did not want to sound "militant" so did not offer my opinion on check points either. Nothing was said about weapons and we went on our way.

If the LEO did not make it home safely that night, it was not because of
me.

Now, if I were to get pulled over while carrying in a state that requires me to notify, I will.


Patrick

 

[cmort666]

Frankly, I don't understand the "militant" attitude that some people display with cops. State law or no, respect the person behind the badge until they give a reason to do otherwise. And even then, tread carefully.

I respect the LAW, at least to the extent that I obey it.

Nobody has a duty to do more, and I certainly won't.

 

[Kanewpadle]

I respect the LAW, at least to the extent that I obey it.

Nobody has a duty to do more, and I certainly won't.

You've made that abundantly obvious.

 

[DR505]

Traffic stop while carrying? Every time!

I've never conducted a traffic stop while I wasn't carrying.

 

[BobC357]

Respectfully inform the officer that you have a concealed carry license, that there is a gun in the car, and where in the vehicle or on your person it can be found. Keep your hands on the steering wheel and obey instructions to the letter.

Understandably, LEO's don't like surprises. I wouldn't in their situation.

A LEO friend suggested that you never use the term "Gun." You can say firearm or other terms but if there are two LEOs, one may only hear "Gun" and not all which can cause an immediate escalation of events.

 

[PR24]

Common sense goes a long way.

A bit late but....
Here in AZ there is a 'declaration clause' in ARS if one is asked by an LEO whether or not they are carrying a deadly weapon (in or out of the car) they MUST notify the officer of it. Now, a bit of common sense is good. Simply telling the officer straightaway is smart & will generally make the contact go much easier. I can't speak for the other 49 states but coppers in AZ don't get hinked up about guns. This is the wild west after all. Besides the scuzzlebutt felons don't generally tell us they're packing. Honest Joe or Jane aren't the problem & we appreciate their candor.

I've had many conversations with folks open carrying & I don't remove their weapons unless they're the subject of the incident & it's done for everyone's safety. I'm referring to the person who has a question about whatever & it's not an 'official contact'. The conversation invariably turns to what each of us are packing.

It does amaze me have many times myself & my colleagues are approached by "concerned citizens" about someone has a gun on their person. We politely inform them that this is AZ & welcome to the Wild Wild west. Usually the concerned are from the NE U.S., the left coast or Canada. Its culture shock.

 

[Cal44]

About 40 years ago in california, I had a friend that wanted to obey the law. He had been out shooting with his .45 auto. His bad was driving a van. At that time and probley yet if you have a gun in your vehicle it has to be unloaded and the ammo stored in a separate compartment, normally, the trunk. Rick didnt have a trunk in his van. He had the pistol laying on the passenger seat unloaded. He stopped to a drive in for eats. The window girl seen the gun and called the SD. Rick got stopped down the road, arrested and spent a few days in the hoosegow as he had no bail money.
I am not sure of all the details but know he had guns after that as we went out shooting.

These days, in California, for a non-ccw holder the unloaded handgun needs to be in a locked case that fully encloses the gun. The trunk counts as a locked case -- assuming it has a lock. Glove compartments are explicitly excluded. If you drive a SUV with no trunk, then put the case way in the back cargo area.

Ammo does not need to be locked and can be carried inside the vehicle. Don't put the ammo in the case with the gun. I generally put the ammo under the seat or in some kind of bag out of sight.

If you have a CCW, you can be carrying on your person or concealed in passenger areas of the vehicle and the handgun can be loaded. But, only the guns listed on your permit. The rest need to be in a locked case in the back and unloaded.

BTW, CCW holders in my county need to inform any officer they interact with (like at a traffic stop). Don't know if that is a state law, or a requirement of our county sheriff.

I wouldn't be surprised if the CCW license is listed in info the LEO pulls up when running your license, but I don't know.

In CA less the 0.1% of private citizens have a CCW license, so I suspect most LEOs rarely encounter anyone with one.

 

[John R]

In Michigan the person who owns the vehicle their license plate will tell the LEO when him/her runs the plate that you are a CPL/CCW holder before they stop you. When they do pull you over you MUST tell them that you are a CPL/CCW holder and where your hardware is if on you. I think all states should do this for not only your safe being but also the LEO.

In Michigan we are required to inform if we're are carrying, if there is no gun nothing has to be said.
The in car MDT's no longer tell by the plate number.

Personally I don't like the inform law, the licensed people are not the ones I fear.

 

[raylan007]

I'm surprised at the amount of hard case responses, I like the adage that if you want respect you have to show respect, oh and a little common courtesy goes a long way in averting a situation of unneeded escalation in the case of a cop noticing a undeclared firearm. In Oregon it is state law that you declare you are CC or otherwise. My opinion is it is a benefit to both parties and have no issues with complying. Sometimes you gotta give an inch.

 

[lethe]

Unless the officer asks me i wouldn't say anything.

 

[Tzuriel]

in the state of Missouri we have a database in place to let LEOs know after scanning our plates,which I think is bull**** considering they leaked that information a while back. Luckily a lot of heads rolled and a lot of people got fired and it's been tightened up (God bless Missouri!).

I don't have to tell them I have a gun unless directly asked but I usually after most will try and "hold your weapon" till after the encounter. I personally refuse this regardless of their hollow threats about arresting me or trying to find a reason to search my car. Lot of officers here are laid back but there are becoming more jackboots the last few years and I wont allow them to violate my rights unchecked.

Beware if you do this they will very possibly become very hostile to you...be cool and know your laws and exercise them in a calm matter. Way to many officers anymore have the "I'm god of the road" syndrome and wont like having to follow the law they were sworn to protect if it goes against what they desire.