Having a CCW and getting pulled over by the police


PDA






TheOtherOne
August 16, 2003, 09:10 AM
I've been pulled over a few times while I've been carrying and we are required here to tell the officer that we have CCW.

The most recent time (yesterday) was probably the strangest one of all. After I told her I had a concealed firearm permit she asked if I had the gun, I said "Yes". She said, "Where is it". Me, "On my right side". Her, "Lift up your shirt". I wasn't really taking time to think about any of it and really didn't want a ticket, so I went ahead and complied. I don't know why she even wanted to see the gun?! Maybe she just wanted to cop a look at my boxers! :) I didn't get a ticket or even a written warning, she let me go quick and I wouldn't say she was really being a jerk or anything... but afterwards I was thinking why I volunteered any of that information. The law says I have to tell them I have a CCW but nothing about telling them whether I even have the gun or not. I think from now on I'm going to nicely not offer up anything I don't have to.

If you enjoyed reading about "Having a CCW and getting pulled over by the police" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
stevelyn
August 16, 2003, 09:44 AM
If you are carrying and get pulled over the first words should be "Officer I have a concealed handgun license and I'm armed. What are your instructions?" It is better for you to tell them up front, than for them to find out on their own if for any reason you have to get out of the vehicle and the officer finds it in a pat down.
In Alaska, CHL holders are required to produce their CHL along with their license for the officer to see as he approaches your vehicle. All the police officers and troopers I know don't have a problem with AK CHL holders. CHL holders are more or less the best of the good citizens of the state/community and we understand that.
Just remember when an officer stops a vehicle for a traffic violation in most cases we have no idea who we are pulling over until after the stop and a wants/warrants check on your license/vehicle comes back. For all they know, you could be a triple-axe murderer that hasn't been reported or discovered yet. Remember Tim McVeigh?
Your honesty up front helps in identifying you as a good citizen who only committed a minor traffic infraction.
Not all police support or agree with citizens carrying. Those that don't are going to act rather strangely or immature when informed you are armed. Just follow their instructions carefully, they could be more dangerous than you because they may be irrationally afraid. Be aware that it's going to happen sometimes.

chadintex
August 16, 2003, 11:37 AM
Got pulled over once for a faulty taillight, Texas law requires notification of CHL if armed,

Officer: Did you know you have a taillight out?
Me: No
Officer: License and Insurance.
Me: Gotta tell you I have a CHL and a handgun on me.
Officer: have a good night.

:)

Norm357
August 16, 2003, 11:44 AM
Never been pulled over. My CCW is taped to the back of my DL.


Norm

Flashpoint
August 16, 2003, 12:30 PM
Not all police support or agree with citizens carrying. Those that don't are going to act rather strangely or immature when informed you are armed.

I have seen some of that first hand. I was out at the gravel pits doing some target practice with a little .22 (that I had to sell:( ) when an officer of the law pulls up. I was in the middle of a reload when he did so I just lay my pistol on my toolbox and walk to the end of my truck and wait on him. He gets out and walks up to me and ask what I'm doing, I tell him, and he proceeds to tell me that I'm still in city limits and that I'm not suppose to be shooting out here. During the initial conversation a second officer pulls up and joins him. Still talking to the first officer about how I was told it was OK to shoot out there he says "Yah, we are always running people off" At this point the second officer slides over and lifts the end of my shirt up, like one would if they were lifting a lid on box to see if a poisonous snake was in it, to see if I had a gun in my holster. I can see why he did this since he came in a little late, officer 1 just told him it was on my truck and then proceeds to ask me if I had seen any kids out there fighting. I told him no and he asked for my ID and starts to run a check. All things come back clear :D, he tells me to have a nice day and not to be target practicing out there anymore and turns to leave. At this point officer 2 gets a real harsh tone and starts telling me how he wants me to get in my truck and set there until he leaves because he didn't want me shooting him in the back of the head. I comply, thinking to myself "he must be a rookie"

KC
August 16, 2003, 03:02 PM
"...thinking to myself "he must be a rookie""

Or on a power trip the likes of which only truly petty people can have.

Ironbarr
August 16, 2003, 03:19 PM
http://bci.utah.gov/CFP/CFPFAQ/FAQLE.html

Concealed Firearms in the State of Utah

To learn more about obtaining a Concealed Firearm Permit click here.

If I get stopped by a police officer, do I, as a permit holder, have to tell the officer I have a gun in my possession?

Absolutely! The requirement to identify yourself to a police officer as a permit holder in possession of a handgun is covered in Public Safety Rule R724-4-13.

If an officer finds or sees a gun on your person during their contact with you, and you have not identified yourself as a permit holder in legal possession of a firearm, the officer must assume you are carrying the gun illegally and will take defensive action. For the safety of all involved, it is better to immediately identify yourself to the officer as a permit holder in possession of a handgun. This action gives the officer some assurance they are most likely dealing with a law abiding citizen.

Sounds like you HAVE to declare the arms if in possession.

-Andy

Standing Wolf
August 16, 2003, 04:52 PM
My understanding is that I'm not legally required to report I'm carrying a concealed hand gun in Colorado, but it's generally considered courteous. I'm sure I'd mention it, anyway, and hand the officer my driver's licence and permit to carry concealed hand guns.

That said™, I find I've been driving very conservatively this past ten months. I used to average about a speeding ticket a year when I lived in the People's Republic of California, but now rarely find myself going more than a mile or two over the posted limit, and often under by two or three or four miles per hour.

Art Eatman
August 16, 2003, 05:35 PM
A fair number of Texas CHL folks have commented on either "Have a nice day." type comments, or a bit of a bull session about what handguns are preferred. Sounds good to me! :)

Art

Roadkill Coyote
August 16, 2003, 06:14 PM
on a number of things. In order for someone to know you have a CCW from your tag, they would have to go through a rather involved process, which could go off track in a couple of places, and is ultimately dependent on whether your Sheriff is even putting holders into the computer to begin with. A few are, and its certainly not making people happy.

Just running a plate will not pull up anything but the registered owner, unless the plate has been specifically entered into CCIC as stolen, or associated with some other entry. Since your tag number, or information on vehicles owned, is not on the new statewide CCW application, in order for someone who was already entering holders into the computer to attach your vehicle to that entry, they would have to find the registration, make certain that they had the right vehicle, and then attach it to the entry manually. Since DOR is always screwed up, it would be an very time intensive, error prone, and IMHO rather high liability process. I haven't heard of any agency even discussing such a thing. :cool:

Edited to add: This explanation pertains to Colorado only.

Hkmp5sd
August 16, 2003, 06:32 PM
Florida does not require a CCW holder to inform the LEO he is armed during a traffic stop. I, on the other hand, do inform the LEO I have a CCW and am armed. My DL and CCW are kept together in my wallet and come out together. When stopped, I don't even reach for my wallet until the LEO has approached and I have informed him I am armed.

In most cases, the LEO doesn't really care that I'm armed. Several have thanked me for informing them up front to prevent any misunderstandings should they see my firearm.

Unfortunately, I rarely manage to get out of a ticket. :(

Matt1911
August 16, 2003, 08:00 PM
I have scanned,enlarged,and laminated my permit,drivers license,and insurance cards,and keep them on my visor.I hand him/her these when they approch,explaining i don't like reaching for my wallet till they know i'm armed.So far,they seem to like this.

Ironbarr
August 16, 2003, 08:01 PM
VA has no requirement to tell Leo. Personally I believe it to be a courtesy to do so. VA Leo (and maybe others), however, has the CCH status available from his computer.

Since my son lives in NC and NC has just recognized VA permits (as we have theirs), I found this on NC web page. Following is excerpt - full text at link:

http://www.jus.state.nc.us/cle/Concealedhandgun.htm

To possess a concealed handgun in North Carolina, you must:
· Carry your permit and a valid form of identification with you at all times
· Disclose the fact that you have a valid concealed handgun permit when you are approached or addressed by any law enforcement officer in North Carolina
· Inform the officer that you are in possession of a concealed handgun.
· Present both the permit and valid identification at the request of an officer
NOTE: You should not attempt to display either your weapon or your permit unless directed to by an officer.Emphasis mine.

glockten
August 16, 2003, 10:12 PM
I consider it courtesy and common sense to inform an officer, during a traffic stop, that I am armed. When he runs my DL number he'll find out anyway. In Tennessee it's the same as your HCP number, and both are issued by the same agency. I would rather not "surprise" the officer.

I've only been stopped twice while carrying, and each time it was a non-issue with the patrolman.

P95Carry
August 16, 2003, 10:36 PM
Not mandatory here and AFAIK ..... no direct link if D/L info pulled up.

However .... I am one of many I think who consider it a sensible courtesy to declare, up front.

For whatever moans I might make about cops I am more than appreciative of their job risks ..... and approaching a vehicle will always present the possibility of a weapon ... before knowing the I/D and sanity of the occupant!

Once the subject has been broached then the LEO can decide what course to follow ..... and I think it only fair to accede to his requests ..... considering that his a$$ is maybe on the line as he sees it. My only concern is for a stop from a nervous rookie who sees any armed vehicle occupant as a threat and gets ''over cautious'' .....

Circumstances dicate events somewhat .. but generally erring on side of caution seems sensible.

Byron Quick
August 17, 2003, 08:07 AM
In Georgia there is no requirement to inform an officer of being armed with bureaucratic permission. Sometimes I do and sometimes I don't. It really depends on the officer's attitude. Of the one's I do inform I personally have never had a problem. I have had problems with informing officers that yes, there are indeed weapons in the vehicle(outside of my home county). To date, none have seemed to understand the four rules of firearms safety and I have yet to see one who knows how to safely clear a 1911 or a M1 Garand. I've been covered by the muzzle each and every time they attempted to check that the weapon was unloaded.

Another moderator on THR, JShirley, is a very good friend of mine. A few years ago he was stopped on his way home from a part time security guard job. He courteously informed them that he was legally armed. For some unknown reason, the officer felt compelled to disarm him, unload his weapon and unload his magazines and search his minivan. Guess the fact that he was wearing black BDU's and had his head shaved set off warning sirens or something.:rolleyes:

So, here in Georgia, it really depends on the officer's demeanour to me. If he's courteous and professional then I do so. On the other hand, if he walks up like a bantam rooster then I keep my mouth shut. In my home county it's unnecessary, they know I'm armed and most likely heavily. It doesn't seem to concern them.

As far as keeping the officer from getting nervous during the stop: If I see him turn around behind me and I'm speeding...I begin to pull over before he turns the blue lights on. I pull my wallet out while I'm doing so. I lower my window and place both of my hands in plain view on the window sill. One hand is holding my license and insurance. I keep my hands motionless as he approaches. Any cop who cannot tell that I am going out of my way to reassure them of harmlessness does not even rate the rank of "rookie." Total incompetent is more accurate.

Double Naught Spy
August 17, 2003, 08:49 AM
After reading of a couple of incidents of confusion, I am careful how I word things to the officer who stops me. Phrases that start of wrong are

I have a concealed handgun.....license
I have a concealed weapon.....permit
I have a concealed firearm....license

etc.

Change the word order for the same meaning, but without the shock and awe of the statement to the officer

I have a license for a concealed handgun ...
I have a permit for a concealed weapon...
I have a license for a concealed firearm...

----

Once you have declared that you have a firearm, at least in some states, it is at the descretion of the officer to inquire as to where it is, to see it, and to take possession of it during the stop.

Here in Texas, 7 stops for me and nobody wanted to see my guns, about half wanted to know where they were, and the others just said, "Okay, thank you. The reason I pulled you over...." and didn't seem concerned at all. Here in Texas, a CHL sort of vouches for you that you are a good guy.

AZLibertarian
August 17, 2003, 10:58 AM
Matt1911--that's a good suggestion.

The only two times I've been armed and had direct contact with a LEO, I was armed at my house. Both times, I let the LEO know...neither one wanted to see a permit. One asked me to put it away in the house (which I did), the other appeared to not really care much.

One suggestion I've heard, which I will use in the future, is that if a LEO asks to see your weapon, that you allow him to take it out of your holster. I can't imagine why he might want to actually handle your weapon, but handling it myself in front of the LEO might prompt action that neither of us would want.

About a year ago, I was in the passenger seat when Mrs. AZLib was driving, and she was pulled over (speeding, of course). I was carrying and didn't say anything to the LEO. My question for the LEOs and other legal-types here is: What do you expect out of passengers, beyond keeping their hands clearly visible? I really ought to know the answer to this, but I don't. My initial approach is that, if the LEOs conversation came to me at all, the first thing out of my mouth would be the "I have a license for a concealed weapon, and I'm armed". Other opinions?

QB
August 17, 2003, 11:18 AM
Well I sure wish I would hear the words "Have a good day".....got stopped in Plano, TX for speeding, declared I was a CHL holder and when asked told them I was armed. The office could have cared less and proceeded to give me one of what turned out to be the biggest $$ tickets I've ever had. Bummer!!!! Of course giving speeding tickets is what Plano does best and everyone knows it....it's a BIG money maker for them (and I contribute my fair share) :(

gunhound
August 17, 2003, 12:55 PM
As far as Colorado goes, my permit issued from uh,(cough) Denver has this on the back side:
____________________________________________________________
DOB ******
HEIGHT*** HAIR***
WEIGHT*** EYES***

1. After the officer has advised you why you were contacted, advise them
that you are in possession of a CCW permit and a firearm.

2. Advise the officer where the firearm is:
DO NOT REACH FOR THE WEAPON
DO NOT remove your clothing to show the weapon.

3. If the officer determines he must temporarily relieve you of your weapon, comply with their request.
DO NOT become involved in an argument with the officer.
____________________________________________________________

I especially like the last line. (people from or know of Denver, probably know what I mean)

Anyone with a CCW issued from another county have similar instructions??




"It's what people know about themselves inside, that makes them afraid."

- High Plains Drifter

Erik
August 17, 2003, 01:13 PM
That is good advise on that card. (Actually, it is no longer technically advise at that point.)

---

My Adams County card, which is not in front of me at the moment, states something along the lines of "a LEO may relieve you of this if it is determined that a firearms related violation has occurred." (I'll have to check for the exact wording and update this later.)

Jesse H
August 17, 2003, 01:39 PM
Never been pulled over. My CCW is taped to the back of my DL.

Considering how often I get carded for everything, I keep mine separate from the DL.

Ironbarr
August 17, 2003, 02:44 PM
I keep mine separate from the DL. Me too, Jesse, (but not necessarily for same reason ;) ).

Nailing a permit to a DL allows those who "need to see" identification to learn something they didn't need to know; that is, if you hand it to them and not hold on to it while they peer at it. Most folks I see just toss their ID on the counter/table, etc.

I feel that the less people know re my carry (or not) the better. Example: My credit union seems to be the training branch for newcomer tellers. They also have uniformed off-duty city police on site during heavy business days and I'd hate to have a newbie teller go sterile at the sight of a gun permit. While I try to wait for those tellers who know me, I sometimes have to pop the DL for a newbie.

For a while I wore both DL and permit on a neck chain so I didn't have to reach for wallet if stopped. I stopped for the reason above.

-Andy

Hkmp5sd
August 17, 2003, 03:27 PM
Don't attach them to each other, but stick them in the same pocket of your wallet so you can pull either or both without a bunch of digging.

DigMe
August 17, 2003, 03:47 PM
Of course giving speeding tickets is what Plano does best and everyone knows it....

They aren't ALL like that at least. I have a friend who's a beat cop in Plano and he gives zero tickets for seat belts and very RARELY gives tickets for speeding unless it's just outrageous. He's more of a "gov't should have less involvement in your personal decisions" kinda guy and a supporter of CHL. Good guy to be pulled over by if you gotta be pulled over.

brad cook

RVSinOK
August 17, 2003, 06:44 PM
This thread is great info, and good to see many different points of view. My personal opinion is that it is a good idea to tell LEO's that you are licensed (or "permitted" or whatever!) and that you are armed, whether you are required to do so by law or not.

That being said, it sounds like there are a lot of people here who seem to get pulled over pretty regularly! Am I just a more cautious driver, or do I happen to live in an area where the police aren't quite so, um, agressive in pulling people over? I have been driving now for (yikes!) 25 years, and have been pulled over exactly once.....and that was for an expired inspection sticker. Am I just "lucky", or am I just missing out on all the fun? ;) Just curious.....

ChickenHawk
August 18, 2003, 12:19 AM
I love these Texas stories where the LEO sees the CHL and then lets the driver go. Why didn't I get one of those?? :confused:

I have gotten 2 tickets in the past 5 years. Both for minor offenses and in both cases I (stupidly) didn't realize I was breaking the law.

1. Made RIGHT turn onto a street with a NO RIGHT TURN between certain hours sign I should have seen (to keep the traffic down during rush hour I guess).

2. Going 40 in a 30 (which I thought WAS a 40 and was actually being careful not to speed because my 16 year-old new driver daughter was in the car with me).

I sound like a pretty treacherous guy don't I?

In both cases I was very respectful. In both cases I handed over my DL along with my CHL and told the officer where my gun was before he could ask.

Got a ticket BOTH times. :banghead: Go figure.

Cheers,
ChickenHawk

scbair
August 18, 2003, 10:39 AM
My brother & I both hold CWPs in SC. I was recently stopped at a DUI checkpoint, and asked for my DL & vehicle registration. By SC law, when carrying the weapon I am required to provide the officer my CWP. He asked if I were armed. I replied that I was. I was wearing a t-shirt and jean shorts (it's pretty hot down here, folks), and had my Kimber in a fanny pack. The officer eyed me and said, "Must be in the fanny pack; that's the best idea in years, isn't it?" He thanked me, returned my paperwork, and waved me through.

My brother was stopped for speeding last week, in a fairly notorious "speed trap" small town. The officer noted his CWP, told my brother he (my brother) was obviously not a "problem" sort of person, asked him to slow down in that area, and sent him on his way (no citation!).

The Southern LEOs are, by & large, supportive of the CWP process, and appreciate knowing up front they're dealing with law-abiding citizens rather than a violent criminal type.

BrokenPaw
August 18, 2003, 10:41 AM
I sound like a pretty treacherous guy don't I? ChickenHawk,
Not as treacherous as I. I've been pulled over twice in one night, you see. The first was legitimate; I was going 65 in a 45 zone[0]. Took the ticket, and was driving as absolutely carefully as I could for the rest of the way home. So carefully was I watching my speed, in fact, that I missed the sign that dropped the limit from 45 to 35. So I was going exactly 45 when I got pulled over. Again.[1] I explained to LEO #2, and I must have looked scared enough, because he let me go with a verbal warning.

Now, so as to stay on topic: Now that I'm old enough and I carry concealed, I always tell an officer who has specifically pulled me over that I have a permit, and I'm carrying. (I say "specifically", because I generally don't tell the officer anything at a sobriety checkpoint, unless it progresses beyond the "had anything to drink tonight, sir?", "No, officer, I don't drink.", "Have a nice evening, sir" point).

Usually when I tell the officer, he or she thanks me, and doesn't seem to mind. Once, it went very badly, and I'm not entirely sure why. Probably that particular officer was either having a bad day or felt like private citizens shouldn't have guns or something. ::shrug::

I've had more trouble with LEO when I wasn't carrying, than when I was. Maybe it's because I'm more...circumspect and self-effacing when I know I'm carrying deadly force on my hip. Or maybe it's because I don't drive the 380ci Camaro IROC any more, and have graduated to an SUV, so I can go get lattes and espressos from even the most off-road Starbucks establishments. :rolleyes:

-BP

[0] With the tenuous excuse of "there was a guy in a big SUV tailgating me with his brights on" combined with the inconvenient adjustment "and I, being 16, was too stupid to pull over to let him pass, so instead I sped up and did so right in front of you, officer."
[1] "Ever gotten a ticket before, kid?" "Yes, officer, about 10 mintues ago."

Partisan Ranger
August 18, 2003, 12:14 PM
In Va., your DMV record is flagged if you have a CCW, so the LEO sees it when he runs your plate on a stop. You aren't required to notify the LEO when he pulls you over, but I think I would politely tell him/her that I have a CCW and am/am not armed. I have found when I've been stopped in the past that being extremely polite and helpful tends to get one off the hook w/o a ticket.

I once got pulled over on the Pa. turnpike doing about 80 in a 55 contruction zone. The LEO could have cleaned out my savings account, but I pulled over IMMEDIATELY after he nailed me, like 200 yards down the road. He was initially suspicious of why I pulled over so quick. But after he sized me up, he let me go without even a written warning.:D

Oh, I imagine having my wife and son in the car kinda helped too.:)

spacemanspiff
August 18, 2003, 12:24 PM
my plan is to have my DL and CHL in my hand when the officer approaches the vehicle, give them to him/her, and then say "I am required to show this to you, and tell you I am carrying."

my office building has a view of a busy intersection (minnesota & benson for you fellow alaskans) and i usually see between one to six traffic stops per day who pull over into our parking lot. not once have i seen any driver get disarmed. since the estimates were reduced on how many CHLs have been issued here in Anchorage, at 17000, about 1 in 15 or so have been issued a CHL. that figure isnt too accurate, as the number of residents under the age of 21 havent been removed from my calculations.

ChickenHawk
August 18, 2003, 02:24 PM
BrokenPaw,

That's a great story!

I'll tell you. I don't get pulled over often, but I can't remember a time I was pulled over that I didn't get a ticket (about 5 in my lifetime).

I drive newish cars in well maintained shape. I'm a decent looking guy, and I treat the officers with respect. I've just never gotten a break ... even since getting my CHL.

Of course, that's not the reason I got my CHL, so it's fine as far as that goes.

When I think about it, it always bugs me though because -here in Austin- you don't have to drive very far before you see someone run a red light or drive WAY too aggressively for traffic conditions. I consider myself to be a careful, considerate driver, and I want to know why some cop took the time to pull me over for missing that sign and making a friggin RIGHT turn onto a two-way public street when he could have been stopping someone who runs red lights every day.

I'm sure the officer doesn't know me from Adam, but he can see my record.

Enough of that! I'll stop whining now. :rolleyes:

Regards,
ChickenHawk

If you enjoyed reading about "Having a CCW and getting pulled over by the police" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!