Open Carry in a Traffic Stop

Mousegun said:
Before even greeting the officer, tell him or her you have a legal firearm and ask what the officer wants you to do.

Of course this begs the question, "what is the gun doing on the dash?"
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Or somewhere in the car. i.e. middle console, back seat etc. I take my gun/holster off while driving.
 
We do not have open carry in my state(at least that's what I'm lead to believe) and I was pulled at night on my way home from afternoon shift. Yea was Rollin a bit fast. Before the deputy even got out of his vehicle, I had the back windows down, all interior lights in my vehicle on, my concealed permit, DL, and proof of insurance in hand. When the deputy came to the window I informed him that I was a permit holder and was carrying my firearm, as per state law we have to declare immediately. He said ok, no problem took my paperwork back to the patrol car. He came back about 5 minutes later, handed me back my stuff, told me to slow it down and sent me on my way.
Always let them know right away, make sure they can see inside the vehicle and keep hands visible when they approach. Unless you're doing something awfully stupid or make him/her have to find out on their own, you shouldn't have a problem
 
I like hypothetical questions like this, because they make us thing about how to handle situations before they arise, so that we know how best to handle them when they do.

HOWEVER...they also allow us to better handle all the OTHER aspects as well.

For example, the proverbial "gun on the dash". That's as bad as, if not worse than, the proverbial "gun on the seat next to me".

The dash is the absolute worst place to put ANYTHING unsecured. Toss your phone up there and drive around a bit and see what I mean.

If you're going to tote a firearm around in a vehicle and it's not secured in a holster on your person, then take just a teeny, tiny amount of time out of your very busy schedule to figure out how to tote it around SECURELY.

First turn you take with a gun on your dash and it's gonna slide all the way to the opposite side and end up off the dash somewhere.

First time you have to hit the brakes hard with a gun just sitting on a seat and the car will be on the floorboards somewhere.

This isn't rocket science, and it's certainly not meant to belittle people by posting this. It's a straight up, valid concern that ought to be reasonably addressed. Use the glove box, console compartment, or perhaps some form of securely mounted holster in a convenient loction.


NOW...that said...if you're legally open carrying in South Carolina, which is no longer a "must inform" state by the way, then if you feel the need to inform an officer simply do so EXACTLY as you would have BEFORE open carry was legal and SC was still a "must inform" state.

To wit, calmly make a statement (which does NOT start off with something like "I have a gun") which cites state law on the matter.

If you happen to have a concealed carry permit (not required for open carry, but let's pretend you're like myself and have a CWP):

Hand the officer your CWP with your DL/registration/insurance and say something on the order of: "Officer, I have a concealed carry permit and I have a firearm in the vehicle."


If you don't have a CWP, something like "Officer, in accordance with state law on open carry, I have a firearm in the vehicle."


Of course, you aren't required by SC to inform at all, which means you have the leeway to decide whether or not you want to based on your specific beliefs and circumstances. If the firearm isn't visible, then maybe you will choose not to say a thing. If it is visible, you may choose either way, or to wait until the officer addresses the situation.


IF THE OFFICER ASKS IF YOU HAVE A FIREARM IN THE VEHICLE, this can open up a can of worms depending on how you choose to respond (and, of course, the officer).

If you choose to answer, THEN DO NOT LIE. If there are no firearms in the vehicle, the answer is "no, sir/ma-am". If there ARE firearms in the vehicle, the answer is something on the order of "Per state and federal law, I have a firearm located in the (name the place)." If the officer ASKS you a question and you choose to lie, the fact that you lied to the officer about this could make things worse on other matters...especially if it's something that ends up with you in court. An objectively provable lie calls your character into question on everything.

If you choose NOT to answer, then this should be clearly stated as exercising your right to remain silent and then keep your trap shut...you cannot exercise a right to remain silent only on specific issues while flapping your lips all day long on other matters. "I'm sorry, officer, I don't answer questions and I choose to exercise my right to remain silent."


EVERYBODY WILL HAVE AN OPINION ON YOUR QUESTION. Ultimately, "you do you". If you are a person who honestly believes it's in the best interest to inform LEO on a simple traffic stop that you have a firearm in the vehicle (as in the open carry scenario), then have at it. If you are a person who thinks it's none of the officer's business and you don't see any reason to inform the LEO if the question never comes up, more power to you.

Be calm, be plainly spoken, and make sure that you start off the conversation in a manner that clearly informs the LEO that what you're about to tell him is "per the laws" and then that you have a firearm in the vehicle.
 
shafter said:
Speaking as someone who has been on both ends of the encounter.
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Oddly enough, me too. Witnessed a kidnapping out late in my young years (no cell phones) and rushing to alert the police we were passed by a speeding squad car going the opposite direction, that turns out, was trying to intercept us from an undercover call on my rush. We both made a U turn towards each other, while the 3rd unit closed in to join the party. It was at that point, I realized that I needed to quickly show I was not a threat and was after help.
 
In AZ it's "if asked". I have never been asked. And usually I have a gun tucked between the seats next to me. A few officers have seen it and said nothing. I don't get stopped much though.
 
Years ago, when having a permit and a gun on me were brand new, I would hand my CHP over along with my DL. I never actually got "pulled" just stopped at a license check point or something like that. After a couple of times having the officer glance at it, hand it back with "I don't need this" I just stopped doing it at all.

I'd probably do that if I ever got stopped out of Virginia since I don't know all their laws, but I've never been stopped anywhere else.
 
GEM said:
Can't speak to OC but I've dealt with the law in TX when concealed. Three times after bad traffic accidents - not my fault. When the officers got to me, I said that I have a CHL and have a gun concealed on my left hip, What do you want me to do? In two cases, the officers said - No problem, show me with your ODL also. In case, the officer asked to disarm me and I said - Fine with me. He did and unloaded the gun. Gave it back after all the paperwork was done. In a couple of traffic stops (uh, speed limit), I took out my wallet to put next to me. Told them I had a license and a gun, they looked at it and said OK. One asked I was going to shoot him - in a semi joking mode or it could have been his style. No problem. On the speed stops - one said, go on your way - He took pity. The other gave me the ticket.

I would not want to stagger out of a bad crash with an exposed gun. Yeah - my rights, blah, blah. Bang, bang - oops.
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Follow up - at one of the accidents caused by a teenager running a stop in front of me, as I said the officer unloaded my gun and took control of it. As we were winding down, he gave at back and watched me load up and holster. At that time, the kid's dad rolls up, to help his kid. He sees me getting loaded and holstered, points that out to his kid and thanks me for not shooting his son. Wonder what participants in serious accidents, esp. some where it could be life threatening think of those involved being OC. Just thinking. Tempers get hot at such.

I was in an accident, where a drunk ran a stop light into my car. Thank God the baby was in a car seat. Also, it took place in front of park and ride stop where the local police shift change was waiting for the bus. They poured off the benches with badges yelling, YOU ARE UNDER ARREST to the driver. Then the entire force and the FD arrive with lights and sirens. Very impressive - I could have spared the show though.

When I called his insurance company to get a rental - they said they had to investigate - I said most of the entire local PD was there, saw it and arrested him. They gave me the rental. I wouldn't a load of cops watching me get out of car with a gun.
 
An officer securing a firearm for a simple traffic stop is the most ridiculous thing I've ever heard of. I get it if the stop develops into something more like field sobriety or a deeper investigation where occupants need to get out of the car, but absent that it's needless handling of a gun.

I always just leave it where it is and don't touch it. The person who informs me that they are carrying is not the person who's going to ambush me.
 
In the interest of full disclosure I haven't been involved in a traffic stop since 2008 or 2009 Maybe. In that instance the cop never bothered to ask and I didn't tell him.

I interacted with a bunch of cops at work. I was obviously always in uniform I don't think any of them ever questioned it.

I had an incident at work one night in which several cops showed up. While they were doing their thing I asked if I could get the senior officer's business card and report number for my report.

A couple of them looked at me and wanted to know why I wanted the senior officer's business card.

I told them I didn't really care but I needed somebody's business card with a report number and it seemed like the senior guy's card would be the logical choice.

They were more upset about that than the fact that I had a gun on me
 
I thought that South Carolina was a constitutional carry state after the governor, Henry McMaster, signed it into law. So there would be no permits needed as long as the person who owned the firearm was 21 and could legally own it.
 
bangswitch said:
Here is the law, as written, straight from SLED's website:

It appears that "open carry" as applied by SC law, still requires a concealed carry permit, but provides more latitude in how it can be carried in a vehicle.

In any case, when the officer approaches your vehicle, have your license, registration and carry permit in hand; keep both hands in plain view (on the steering wheel works well), and declare to the officer you have a handgun in the vehicle. He will direct you as to the next step. In NC, your CC permit is tied to your driver license; when the officer does a license check on his computer, it tells him whether or not you have a CC permit. I suppose SC would be similar.
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Prior to passage of permitless carry, open carry in SC required a CWP and you were required to inform an officer that you had a weapon. With the enactment of H3594, a permit is no longer required for carry or transport (openly or concealed) and the duty to inform was removed from the law. Unfortunately, the statute website has not yet been updated and you must consult the "Guidance" link on SLED's website. That said, I consider informing an officer a matter of common courtesy. And, no, a CWP is not linked to yourr license or registration in SC.

ETA: the age to carry in SC is now 18.
 
I live in DFW and have always had a carry license now an LTC. When I am stopped I take out DL and LTC and hold them and keep my hands on them steering wheel. When asked I hand them to the PO and do what is asked. Everytime they explain why they stopped me, thank me for cooperating and then give me a warning and send me on my way.
 
Robert said:
Well heck... Well, okay then. I completely missed that.
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So let me say this in all seriousness regardless of state law.

It's my opinion a loose firearm in the driver's compartment of any vehicle is a bad idea (I obviously wouldn't apply that to a rifle in a rack in the back window) whether it's a traffic stop or not.

The last time I got pulled over was a state trooper in Pueblo and it had to be almost 20 years ago.

He walked up to the car, he introduced himself as Trooper so and so of the Colorado State Patrol. He told me that he pulled me over for Speed. He told me that I was doing X+10 in an X zone and that he would be giving me a ticket.

The question of whether or not of I was armed never came up.

The only time I was ever asked if I was armed I didn't say anything I just handed the cop my permit.

I don't recall him making an issue of it. He did ask me if I had a way to secure the gun in my car so I showed him my safe in the backseat.
 
While I agree that disarming me might have not been necessary, I wasn't going to argue with an officer. Too many folks getting shoved into police cars yelling MUH RIGTHZ or being whacked on the side of the head. Or looking down a muzzle.

At another accident, I told the officer I had a Glock on my hip and the officer laughed and said - this isn't California. The EMTs had to help me take my jacket off to check me out, blood pressure, etc. as my shoulder was screwed - as it still is. They didn't blink.
 
Robert said:
Why would I put a gun on the dash, that's the absolute last place I'd put one. Not only would I not want it in plain view, but the best place to keep my hands is on the wheel, which would be far too close to the firearm.
My opinions on open carry aside, I want to make the interaction as smooth and stress free for all parties as possible. It pays to know, intimately, the laws and requirements of your state when it comes to carrying a firearm. Ignorance is no defense.
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Most of your post seems to be agreeing with me except for location. I did mention revolvers had the cylinder open, autos the slide locked back, thereby 99,9999% of an officer's concern would be obviated. It's saying "I got a gun, see, it's unloaded right there on the dashboard, I am concerned about officer safety" without using words.

Last place to put a gun in a traffic stop? Nope I disagree with you, sorry 'bout that. And your bolded part is EXACTLY why I do it that way. Make it all as easy and comfortable all around, say I.

However, I just remembered an old joke... Cop stops you, asks if you have any guns in the car, you reply "Sure, how many do you need?" (I heard that joke in my first CCW class.)

Terry, 230RN
 
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AmmoJo said:
Now that SC has Open Carry, I'm wondering how a traffic stop in this state would go when the officer sees a gun on the dash. Anyone experienced anything crazy in Open Carry states?
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Hopefully he issues a ticket for gross stupidity and confiscates the weapon.

A handgun on the dash is simply a ballistic missile aimed at any or all of the passengers.
 
jar said:
Hopefully he issues a ticket for gross stupidity and confiscates the weapon.

A handgun on the dash is simply a ballistic missile aimed at any or all of the passengers.
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In the 70s, we drove our pickups to high school with 3 rifles on the rack loaded, guns on the dash, some in the glove box, and a few on the seat. Man you guys are young !! :rofl:
 
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