Traffic Stop: Will "Are You Armed?" Question Become SOP?

[HorseSoldier]

There are a ton of ways to get pulled over, even if you drive very safely.

An instructor in my police academy was of the opinion that if you really know your traffic code, if you follow a vehicle for a half mile in city traffic you will invariably observe some violation that is valid PC for a stop. On the street -- while I was not in the habit of just randomly following citizens to test the hypothesis -- I generally found this to be true. Partly because most citizens don't know the traffic code, and partly because as written you can violate various statutes routinely while safely and responsibly operating your vehicle.

 

[Bubba613]

If asked respond truthfully.

But you aren't required to be helpful.
"I really couldn't say" would be my response. That's true in a number of ways. I couldn't say because it is against my convictions to volunteer information to an LEO.
I couldn't say because I don't know what defines "weapon". In the right circumstances a marshmallow is a weapon.
No is required to answer that question, to my knowledge. Even states with shall inform laws only require informing about the permit. Just having a permit doesn't mean you have a gun on you. Just ask my wife.

 

[bhk]

Yeah. I get seat belt tickets a lot too. It's so nice to have the Govt. working so hard to "protect" you ain't it?

Lets see, you carry a gun in your vehicle because it might save your life but don't wear a seat belt! Those belts save thousands more lives each year than vehicular guns do. That is kind of like the guys who keep guns in the bedroom for defense but won't lock the house doors at night. I don't get it!!! Or maybe you don't wear your seat belt just because the gov't told you to? Would you wear it if there was not seatbelt law?

As for the original question, in my state we don't have a duty to inform but I certainly would if asked (and possibly before). My wife got stopped and informed the deputy that she had her permit but no gun at the time. His only answer was 'Why not?'

 

[2WheelsGood]

Lets see, you carry a gun in your vehicle because it might save your life but don't wear a seat belt!

That surprised me too, and I'm old enough to remember when not all cars had seat belts. In fact, I often use the seatbelt analogy when explaining why I carry a gun. You may never need it, but you sure as heck better hope it's there if you do. And the comfort argument is also lost on me. Wearing a seatbelt is no more uncomfortable than wearing a holstered gun on your hip.

Having said that, I also agree that it shouldn't be required by law.

 

[janedoedad]

Georgia does not have a "Duty to Inform" law. There is no central database for weapons license holders. If a LEO asks if I am armed or if there is a gun in the car, I will answer truthfully. Lying or misleading a LEO in Georgia can get you arrested.

In 33+ years of driving and several roadside reminders about my driving behavior the issue has never come up.

 

[ny32182]

I have a long commute, am not a big fan of speed limits, and drive through several small towns every day that seem to get a lot of their revenue from tickets. So basically I get to speak with the friendly local police and/or highway patrol on the side of the road a lot more often than I would like. Most recently, this morning actually.

I can remember five times being pulled over with a pistol, and per SC law, have notified the officer. Four times it has been a complete non-issue as it should be. During the "exception" stop, the officer was nice and "professional", but took possession of the gun, unloaded it behind my back, and ran the s/n through some database to see if it was stolen I assume, which I consider an unconstitutional search, and a potentially dangerous situation especially if the officer is not familiar with the gun in question. If I did not have to inform I would not. It makes no one "safer", and only invites unneccessary things of all sorts.

In the times I've been pulled over without a pistol, I've NEVER been asked if I am armed.

I know to some extent it depends on the individual cop, and maybe the general culture in the area, but if I was constantly being asked by the local constabulary if I was armed I would evaluate what sort of "vibes" I am projecting to those around me.

Also, a seatbelt saved me serious injury or worse when I was 16 y/o in a wreck... I'd take one over a gun if the choice was either/or, 100% of the time.

 

[CajunBass]

I always thought the question was pretty much routine. At least from what I've seen on "COPs" and other such shows. It's been a long time since I've been stopped, and to tell you the truth, I don't remember if they did or not.

 

[ny32182]

The people on "COPS" give off the kind of vibes I referenced.

 

[mljdeckard]

I am not required to disclose. But I do anyway because it gets me out of tickets. Understand, every time a cop pulls you over, he is HOPING for more than a routine traffic stop. Smell of booze on you, outstanding warrant, etc. As soon as he knows you are a permit holder, those odds are very small, you become a fish to throw back quickly so that he can move on to the next one.

I think I've been pulled over about three times in the last ten years, no tickets. I have become a lot safer since I've been married. It doesn't seem so critical to get everywhere so dang fast anymore.

 

[Carl N. Brown]

In Tennessee the Handgun Carry Permit is given the same number as your Drivers License, and a routine traffic stop check of the TDL# will show that you have a THCP, so there is no point in you lying or the officer even asking.

Anymore, they don't ask or they don't care. THCP holders know not to make furtive moves, to keep both hands in the open, etc. The last traffic stop I had (my fault too), the officer made no mention of it.

 

[David904]

You know... By and large, the Police truly are there to try and perform a public good under what can occasionally be really crappy circumstances at significant personal risk. Rest assured that I have met some real pieces of excrement wearing a badge; but I feel that these are the exception rather than the norm.

If I ever come to feel that the police have travelled down Gestapo Lane as an institution, I will alter my conduct in dealing with them accordingly. However... As things stand, I consider it a basic courtesy to inform them that I am carrying. These are folks with families who want to feel as safe as they can, do their jobs well, and go home to their families at the end of the shift. I see no need to place anyone under unnecessary stress and strain, nor create a potentially antagonistic interaction.

 

[ny32182]

The gun on your hip won't have the opportunity to cause any stress/strain/antagonistic interaction if you don't tell them about it. It only will if you DO tell them about it.

 

[Midwest Doc]

"I have a gun!"

Good read

http://www.humanevents.com/article.php?id=42167&s=rcmp

 

[Grey_Mana]

The moderators generally like the initial post to have a little more meat than just a link.

For anyone that didn't click through, the article is about the importance of (a) telling a cop immediately that you have a gun, if you are required to do so by law because otherwise you go to jail and (b) not surprising a copy by saying "I have a gun!" because you don't want to get shot by a nervous cop.

The answer will vary by county, state, and municipality.

 

[longdayjake]

you need more. This thread will get locked as it stands. Maybe add a story about getting stopped.

 

[Magoo]

SC does have a duty to inform law. I actually got pulled over recently for the first time in 15+ years (expired tag-oops ). I handed over my CWP with my driver's liscense. He asked "Do you have your pistol with you?" and as I didn't, responded "no". He handed back my CWP and didn't seem at all concerned. Really nice guy and I never sensed any increased tension on his part.

The tag is now current, but I've got to appear in court to get the ticket fine to go away. Check your tags folks, mine had apparently been expired for quite some time (again ).

 

[LemmyCaution]

I open carry on the same side as my wallet. I always inform the police that I am armed and ask how they would like me to proceed, in order to prevent any misunderstanding when I reach for my wallet.

But I've also only been pulled over once in my driving career. The officer told me to go ahead and get my wallet, but do it slowly. She kept her hand on the grip of her sidearm throughout the stop.

I was never disarmed and was sent on my way with the advice to fix the bum headlight I had. I was on the way to the auto parts store at the time. Done.

 

[ScottM]

My state, Ohio, requires the permit holder to inform the police he/she is armed as soon as practically possible when interacting with police. I think this is common sense, and I would do so even if the law did not require it. I was a street cop for twelve years...I have been in similar circumstances as the officer in the article. Just need to remember that the cop is just a person doing a job that he/she wants to go home from in one piece. And most importantly he/she does not know what a swell person you are. The more you put the officer at ease, the better the experience will be for you.

Just common sense.

 

[Guns&Religion]

I've been stopped by a police officer, and I prefer to say, "Sir, I do need to let you know that I have a CPL and I am armed".

 

[kingpin008]

I see no need to place anyone under unnecessary stress and strain, nor create a potentially antagonistic interaction.

Once again, how is a (most likely) concealed pistol in it's holster on the hip of a verified-lawful individual going to cause any sort of strain, stress, or antagonism?

And it's not about the police being the Gestapo - it's about not playing along when you have no need to. If an officer asks, I would truthfully answer, whether the law says I have to or not. However, I will NOT volunteer information that has no bearing on our interaction simply because it may make me a "good citizen" in the eyes of the officer.

 

[NavyLCDR]

You may very well be asked if you are armed by the LEO if your state lists your CCW status on your registration. The LEO may know you are a holder and ask if you are armed when approaches your car. Once again, I don't see a reason to lie.

To me, this is completely backward reasoning. First of all, in Washington, in most jurisdictions CPL is tied to driver's license and in the others they do not tie the two together automatically, and in no jurisdictions in Washington is CPL tied to vehicle registration.

However, let's say for whatever reason the police officer becomes informed of the CPL (or CCW or CHL or whatever in your state.) Why would that give the officer MORE reason to ask about a gun? It would seem to me the officer would have more reason to ask about a gun with a person that does NOT have the CPL. Why does the officer have any reason at all to ask about a gun when they find out the subject has a CPL? They know the person has passed background checks. They know a gun is going to be carried lawfully. So what good could it possibly do to ask about a gun then?

The only reason an officer would have to ask about a gun after finding out about a CPL is so they can exercise their power to take it from you, unload it (if they know how) and fondle it unnecessarily, and violate your rights by calling in the serial number to see if it is stolen, an act which they have no reasonable suspicion to justify.

 

[General Geoff]

"Duty to inform" laws are completely ridiculous. By definition they are only enforceable on those who legally carry (and statistically are the least likely people to pose a physical threat to law enforcement), because those carrying illegally can exercise their fifth amendment right against self incrimination, invalidating the duty to inform.


So I must ask, "Why does this law exist? What purpose does it serve?"

 

[NavyLCDR]

"Duty to inform" laws are completely ridiculous. By definition they are only enforceable on those who legally carry (and statistically are the least likely people to pose a physical threat to law enforcement), because those carrying illegally can exercise their fifth amendment right against self incrimination, invalidating the duty to inform.


So I must ask, "Why does this law exist? What purpose does it serve?"

Those laws cause some people to feel safer. That's it. No real purpose, only an emotional purpose.

I might add.... oh gawd... I see yet another should I tell the officer or not thread starting here.

 

[ATBackPackin]

I was recently pulled over for speeding. He never asked if I was armed and I never volunteered. It was very cordial, as cordial as getting a ticket can be, event and we both were extremely professional to each other. Why would I want to ruin that by telling him I have a gun and put him/her on edge? I am certain that he wouldn't want me to pull it out to show him and I am more than certain that I do not want him going IWB to disarm me, especially with a Kahr. So I too do not see where this helps and am glad that PA does not require it.

Shawn

 

[TNboy]

Very good point Geoff. I had an aquaintence that is probably a person who should not be carrying a gun anyway, he was pulled over one night a just said "I have a gun" the officer had his service weapon on his head in a split second, and rightfully so.