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Member
I get a weekly newsletter from MCRGO, and in it they have a lawyer answer a few questions. I read through the Q&A this morning, and found something I disagree with, and would like to see what everyone else thought. Here's what the newsletter said:
Here's the part I have an issue with:
Now this obviously depends on the situation, but if my wife was pulled over for speeding, why am I "being stopped"? I didn't speed, I'm the passenger.
Now if we were pulled over for something other than a traffic violation, say robbery or something, I assume that the officer would in fact tell me that we were both in suspect of committing a crime, and both were being detained. At that point I'd have to disclose that I am carrying.
So what says THR? If I'm a passenger in a vehicle that is being pulled over, am I being detained as well as the driver?
If I am a passenger in a car that is pulled over and I am carrying my pistol, do I have to disclose to the officer who comes up to the driver's window that I am carrying?
A: Yes. MCL 28.425f states: " (3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle." If the vehicle you are riding in has stopped, you have been stopped, and must disclose immediately to the officer that you are armed. Obviously, you want to state this fact in a businesslike and calm manner. Have some sympathy for the position of the law enforcement officer, and let him or her know that you are disclosing as required by law. Some officers recommend that you hand over your CPL and Driver's License together as your method of disclosing. Remember that you must carry your CPL at all times that you are carrying a concealed pistol, as well as your Driver's License or state-issued ID card.
Here's the part I have an issue with:
If the vehicle you are riding in has stopped, you have been stopped, and must disclose immediately to the officer that you are armed.
Now this obviously depends on the situation, but if my wife was pulled over for speeding, why am I "being stopped"? I didn't speed, I'm the passenger.
Now if we were pulled over for something other than a traffic violation, say robbery or something, I assume that the officer would in fact tell me that we were both in suspect of committing a crime, and both were being detained. At that point I'd have to disclose that I am carrying.
So what says THR? If I'm a passenger in a vehicle that is being pulled over, am I being detained as well as the driver?