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Pulled over by LEO-Carrying Concealed

salzosalzo Member Posts: 6,396 ✭✭
edited October 2001 in General Discussion
Just wondering what is the proper procedure when you are pulled over, and you are carrying a concealed firearm. What should you do? Do you tell the LEO, do you not tell him.What about if you have a shotgun or rifle in the trunk, and you get pulled over?

Comments

  • idsman75idsman75 Member Posts: 13,398 ✭✭✭
    edited November -1
    Personally, I wouldn't say anything unless asked to step out of the car. If the gun is on my person, I would inform the officer that I have a CCW issued by such-and-such county and am in lawful possession of a firearm that is located on my person. If it is concealed somewhere in the vehicle, I would just leave it be unless the officer indicates probable cause to search your vehicle and is going to find it. The reason I say this is because it is nobody's business but your own if you are in lawful possession of a firearm. However, if it is on your person and you have to step out of your vehicle there is a chance that the LEO may get a glimpse of it and draw down on you for his own safety. I don't care how well-trained someone is, I don't like having a gun pointed at me because "accidents happen". He is less-likely to draw down on you if you inform him. More than likely, you will be required to remove it from your person before exiting the vehicle and be asked to present your permit for said firearm. I abide by the "nobody's business" rule until an LEO has a chance or possibility of seeing the weapon. Then I would mention it because I am concerned about MY safety. If it is well concealed and there is no chance of it being partially displayed, I'd say keep your mouth shut. A truly professional LEO operates by the "plus one" rule. What this means is that there is always one more firearm in any situation that you do not know about. If you find a firearm, there is always the assumption that there is one more. Every LEO must operate under the principle that there is always a firearm in a vehicle regardless of whether or not it is displayed or mentioned and that LEO must behave in such a manner. If a firearm is actually found, that LEO must operate under the assumption that there is one more and that it could be anywhere.
  • dheffleydheffley Member Posts: 25,000
    edited November -1
    Salzo,Don't know where you live, but in Texas a CCW holder is required to notify the LEO as soon as possible. If you wait until they check you license, you are not leaving without a search and a citation. I have been stopped twice with mine. I retreive my insurance card, drivers license, and CCW license, and have them in my hand with my hands resting on top of the steering wheel and in plan sight when he walks up. This is important because he will have noticed you moving around before he walks up, and will be on guard. Then, before he speaks, I offer the documents and inform him I have a CCW license and that I DO have the weapon with me now. I have not received so much as a second thought. One of the LEO's (Texas Highway Patrol) did not even go back to check my license. He told me what he pulled me over for, then told me "slow down and have a nice day".As afr as the guns in the trunk. If you have shown you license, then tell him there are also some rifles and shotguns in the trunk. If it's legal in your state, don't worry.
    Save, research, then buy the best.Join the NRA, NOW!Teach them young, teach them safe, teach them forever, but most of all, teach them to VOTE![This message has been edited by dheffley (edited 10-21-2001).]
  • idsman75idsman75 Member Posts: 13,398 ✭✭✭
    edited November -1
    I guess I should have pre-texted my previous statement with "abide by your state's law". Someone smack me soon.
  • nunnnunn Forums Admins, Member, Moderator Posts: 36,078 ******
    edited November -1
    Here is the rule in Texas, and it makes common sense for anywhere:If you are carrying when stopped, you MUST present your CHL with your DL. This lets the officer know you are legally carrying.It is probably a good idea to present the CHL anyway, because the officer will find out you have one as soon as he runs a wanted check.What happens next depends on your attitude and how much common sense the officer has. He may ask where the gun is. Answer without hand gestures. If you are alone, and if the gun is somewhere in the car, he may ask you to step out of the car, thereby removing you from proximity to the gun without having to get heavy-handed about it.He DOES have the authority to disarm you for the duration of the stop. However, his decision to disarm CANNOT be just because you have a gun. There must be something articulable about your behavior and attitude that caused him to be concerned for his safety. After the stop is over, and no arrest is to be made, he has to give the gun back. The official DPS video instructs officers to unload the weapon and put it in the trunk.I do not like the disarming business. Unnecessary gun handling can lead to an unintentional discharge. And it causes the officer to have to unload a weapon that may be very unfamiliar to him.Now, this brings up a word of caution. Not many officers can resist running the serial number of a gun through NCIC once it is in hand. Your carry gun that you bought used 10 years ago may come back stolen. Now that can be hard to explain. I recommend that your carry gun be one that you bought new, or else, have a friendly LEO run the numbers on it before you start to carry it. It might not hurt to have the sales receipt folded up in your wallet too.
    Certified SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of the General Discussion Board on Gunbroker. Visit www.gunbroker.com, the premier gun auction site on the Net! Email davidnunn@texoma.net Jesus is Lord!
  • turboturbo Member Posts: 820 ✭✭✭✭
    edited November -1
    Salzo,Your not having one of those days again,are you?Just kidding..
  • salzosalzo Member Posts: 6,396 ✭✭
    edited November -1
    Turbo- All of my days are "one of those days"(LOL). I was just curious about how a cop would want you to handle it if you were armed or in possession of firearms when you are pulled over
  • idsman75idsman75 Member Posts: 13,398 ✭✭✭
    edited November -1
    I've pulled plenty of people over and I don't see why a cop would care if you told him or not. If you are telling him, then you probably aren't going to use it in the first place. You are not a risk to him so why even bring it up? If you are a risk, then you wouldn't tell him anyway and he has to treat the stop as if there is a gun in the car regardless simply in the name of officer safety. I guess we have varying opinions on the issue. I still think that it's one less government official that has to know about the firearms that I own. [This message has been edited by idsman75 (edited 10-21-2001).]
  • metzmetz Member Posts: 121 ✭✭✭
    edited November -1
    Kinda depends on what you are being pulled over for. If the flaming liquor store with bodies in it is your doing I suggest laying on the ground with feet apart and your hands on your head, unless you still have bullets........ Andy
  • badboybobbadboybob Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    In NC we are required to tell the LEO that we have a chl and are armed.
    So many guns to buy. So little money.
  • usmc2498215usmc2498215 Member Posts: 82 ✭✭
    edited November -1
    Well Metz, if you are implying that a person should shoot it out with the LEO, then let me be the first to say that in my city, where I work as an LEO, they would not have a head to put their hands on! "POP POP POP" two to the head, and one to the chest.
  • M.OpaliskiM.Opaliski Member Posts: 244 ✭✭✭
    edited November -1
    Andy, Andy, Andy ...
    Support your RKBA ... MatthewNRA Life MemberTalk Radio Junkie opaliski@hotmail.com TheFirearmsEnthusiast
  • mudgemudge Member Posts: 4,225 ✭✭
    edited November -1
    I've been stopped a couple of times. Once in the car. Once on the bike. I have been told be the Sheriff that issued my permit and a state trooper (neighbor) to tell the officer that stops you that you have a weapon and a permit. The first thing out of my mouth on both occasions was: "Officer, I have a weapon and a permit to carry it". On both occasions the officer thanked me for informing him. The officer that stopped me on the bike asked to see the weapon. I obliged and the next few minutes were spent discussing the compensator, ambidextrous safety and slide release, Pachmayer grips, and how well it shot. Both stops ended without a citation.I am of the opinion that it's better that the LEO know what he's facing at the earliest possible opportunity.I had a gun drawn on me once by a CHIP officer. I was in the back of a van, asleep, when we got pulled over. I was lying there with my hands under my rolled up jacket being used as a pillow. I didn't know we'd been stopped until I woke up with a gun about 6" from my face and this officer screaming at me not to move. Came pretty close to leaving major "skid marks" in my shorts. I know those guys in Kalifornia have a tough row to hoe but I thought that was a bit "over the top".I firmly believe that those guys will shoot you in a heartbeat and then think up a reason to justify it. Mudge
    I can't come to work today. The voices said, STAY HOME AND CLEAN THE GUNS!
  • ghotie_thumperghotie_thumper Member Posts: 1,561 ✭✭
    edited November -1
    I would recommend telling the officer you have a permit to carry a concealed weapon and having that permit in hand with your Drivers License when the officer approaches. Leave the weapon where it belongs unless asked to present it. Most officers will prefer to retrieve it themselves if necessary and if you are legally required to show it that would be the best route. C'mon Mudge tell us the "rest of the story", Being a CHIP myself and having pointed the gun a few times it'd be nice to know what brought about the 40 in the face routine. I really try follow an old adage that was given to me a while back. Look on the back of the Dollar Bill. You'll see an Eagle clutching arrows in one talon, olive branches in the other. Extend the Olive branches of Peace initially, but be ready with the Arrows of war if necessary. I've woken up a few people on the side of the road with the pistola in the nostrola tactic, once in a while its because they are travelling with the wrong people, the wrong vehicle or someone else's excess baggage. The other times it was just a tired traveler trying to show any would be bad guys a hard time was coming if they persisted, the weapon in the waistband route. I try to be understanding in most cases and put myself in the place of the person. The only problem with that is that the police aren't required to use common sense and all officers don't do it that way. In Kalifornia as long as the weapon isn't loaded and is in "plain" sight in the vehicle or in a locked container not loaded, you wouldn't need the permit. But the Officer has the right to arrest for a Misdemeanor or Felony when he has "reasonable cause" to believe one has been committed, "whether or not one actually has". So If I arrive to find you snoring away with a weapon in plain sight in a vehicle, I must presume the weapon is loaded for my own safety, at this point I don't know you have a CCW, so I have the reasonable cause route covered and you are under arrest/detained until you show your CCW. Of course to make things Konfusing each City, Kounty, or Municipality can add ordinances which apply to their area exclusively. So you'll have to check with each one you'll be travelling through if you plan on travelling to the Golden State. Welcome to the Socialistic Center of Amerika, Kalifornia.
  • semiwadsemiwad Member Posts: 14 ✭✭
    edited November -1
    Good avise would seem to be to declare the carry.Reason? .. well if i was a cop, I'd sure as hell be more comfortable straight away, knowing about any weapons!!!Understandably these days a cop must surely be nervous with ANY traffic stop .... he/she just never knows! I wouldn't want their job.
    "UNITED WE STAND"~~~~~~~~~~~~~~~~~~"Never mind the dog - beware the owner""Growing old is mandatory, growing wise is optional"
  • edharoldedharold Member Posts: 465 ✭✭✭
    edited November -1
    Before rummaging in my coat for my drives license, I place both hands high on the steering wheel and inform the officer I have a concealed weapon and where it is. I don't want him/her to spot it when my hand is inside my jacket. It saves a hassle and I don't have to get out in the rain and molested, or on the ground and have a LEO stand on my head.
    "They that would give up liberty to obtain safety deserve neither liberty nor safety"Benj. Franklin, 1759[This message has been edited by edharold (edited 10-23-2001).]
  • salzosalzo Member Posts: 6,396 ✭✭
    edited November -1
    Dano,Dano,Dano,......
  • turboturbo Member Posts: 820 ✭✭✭✭
    edited November -1
    Dano,I hope you wear soft soled shoes.I saw an LA policeman step on a guys marbles, after he had asked him to lay down flat on his stomach and spread his hands and legs out, I don't know what would hurt the most.I got to admit I was thinking at the time, get that punk, as he had been chased quite a distance as abandoning the car he had been driving which had been stolen.It's always nice to see it happen to someone else, but still, it's got to be tough to take.In this case no doubt he was out on bail within a few days.
  • 218Beekeep218Beekeep Member Posts: 3,033
    edited November -1
    That dano is so sensetive,I can hear him now ,sayin` to some sorry gang banger (with the baggy pants fallin` off ,and the drawers showin).....Sorry Mr. Gang Banger,I hope I didn`t sqush your head when I was standin` on it,Ya see,I always forget that I`m 6ft5 and 275..218
  • stanmanstanman Member Posts: 3,052
    edited November -1
    6'5".......275#HOLY CRAP!!!!That must be about a size 13 1/2 COMBAT BOOT stuck to the side of the face.... NO FUN!!I'll be sure to give you a wiiiidddde birth!Hey is it true what they say?Big feet.....Big...... oh, never mind, I know what you'll say.
    My wife?.........Sure!My dog?..........Maybe!MY GUNS??........NEVER!!!
  • salzosalzo Member Posts: 6,396 ✭✭
    edited November -1
    Quote by Dano; "I think of it as taking a personal interest in the person, and then trying to anticipate his/her needs"Bees right. You really are sensitive. Do you tell that to them when you have your boot on their head? "Sir, I care for you so much that I am taking a pesonal interest in anticipating your needs, and you certainly need to have your head stepped on."Thats too funny DANO.
  • salzosalzo Member Posts: 6,396 ✭✭
    edited November -1
    DANO- What would you do in this scenario. "Yo offica, Why you pull me over. wassup?""Your back tires are to big, and the fluorescent lights shining from your license plate holder and from underneath the car are a dangerous distraction for other drivers.As is the loud music emenating from your vehicle. Can I see your license and registration please?""awww man. Thats cold. Heres my paper bro, and underneath is my paper for my Jennings wit homebiy sites strapped to me. I want to tell you straight up, 'cause I dont want no other accidents like de other time. I has to carry my Jennins with homeboy sites ya know, cuz me and my possie need protection wen we outs doin our buziness, no what Im saying?"Now Dano, or any other LEO. What do you do?[This message has been edited by salzo (edited 10-23-2001).]
  • mudgemudge Member Posts: 4,225 ✭✭
    edited November -1
    GHOTIE.....There is no "rest of the story".No drugs...no guns...absolutely NOTHING dangerous or prohibited on board. Unless you count the bats. We were coming back from a softball game (we played a CHIPs team, which is another story). Got stopped on the 5 for speeding of all things. If you can imagine SPEEDING on the 5. You have to be doing about 120mph to even look like you're going fast in relation to what everyone else is doing.I still think this cop was just "flexing".Mudge
    I can't come to work today. The voices said, STAY HOME AND CLEAN THE GUNS!
  • turboturbo Member Posts: 820 ✭✭✭✭
    edited November -1
    Hey Dano,I worked with a Hawaiin fellow, who was always on a diet, he's the only guy I know that lost somewhere arounbd 435 lbs over the 5 years I worked with him.One day, while in running shorts, one of the other coworkers, swooped up a cricket that had been skating around the waxed floor in the building we worked at for quite awhile, and grabbed this guys shorts at the waist band and dropped the cricket into the shorts before letting go.Unbeknown to everyone the cricket was dropped inside his underwear, and as soon as they snapped back, my bud, whipped his shorts off, underwear and all, right there in the office, and as he was shaken his shorts out, someone yells out "my god that man has the cajones of a three year old"He was 6'4" tall, weighed about 265 lbs.We had a good laugh with him then, and when he calls me, occasionaly we reminise an always chuckle of it. Was he an exception?
  • turboturbo Member Posts: 820 ✭✭✭✭
    edited November -1
    Dano,Well I didn't mean to put you on the spot.My buddy, does have a big heart, so that much I know to be true.
  • turboturbo Member Posts: 820 ✭✭✭✭
    edited November -1
    Dano,Well I didn't mean to put you on the spot.My buddy, does have a big heart, so that much I know to be true.
  • Walt NunleyWalt Nunley Member Posts: 228 ✭✭✭
    edited November -1
    NEVER BEEN PULLED WITH MINE BUT I WAS IN A BUDDIES CAR WHEN HE DID.WE WERE DOIN 70 IN A 60 MY BUDDY WAS LISTENING TO ME INSTEAD OF DRIVING.KNOXVILLE LOCAL PULLED US.MY BUDDY JUST HANDED HIM HIS PERMIT ALONG WITH HIS LICENSE SO THE GUY NEVER REALLY BATTED AN EYELASH,JUST ASKED HIM IF HE DIDNT CARE TO HAND OVER HIS GUN.HE GAVE HIM THE RUGER 9MM THE GUY DROPPED THE MAG JACKED THE SLIDE AND SET IT ON THE HOOD OF HIS PATROL CAR.WROTE US A WARNING AND GAVE HIM THE GUN BACK AND TOLD US TO BE MORE AWARE OF THE SPEED LIMIT,NEVER EVEN SAID BOO ABOUT THE GUN
    Submarine Sailor,Truck Driver,and very bad typist.GO RUSTY #2
  • ghotie_thumperghotie_thumper Member Posts: 1,561 ✭✭
    edited November -1
    No Mudge I can believe it. I've worked around a few guys that were afraid to make a stop after dark. Once in a while the shift rotation requires them to work a graveyard shift and they really get jumpy. Not too fun to work with someone like that. I just thought maybe your pilot was doing something to raise the "awareness" level of the smokey. As for the gang banger scenerio, funny but it's not too hard to spot'em even at night from behind. When you turn the red light on'em the car either stops or it runs. "If" it stops, all you see are hands reaching for the sky. Look like little spider men with their hands stuck to the ceiling of the car. They've all been stopped so many times they know the routine. And I'd always be wary if the guy is so open about the "one" gun, and the rest of the scenerio is as described I'd be asking for a cover unit and wondering if "a" gun is all that's in there. Sorry I'm curious by nature. And Mudge, do you ever make any of the Biker runs out on the West Coast. I worked on Highway 101 for a while and every year the Redwood Run, attracts a couple thousand bikes. We never really had any problems with the hardcore bikers, it was the weekend warriors who tried to show off that seemed to find the pavement held up better than their leathers and that a Chevy Caprice with the LT-1 corvette engine is very fast. One of the guys I work with here is thinking about buying a Harley Sportster as an entry level hog, a used 2001 with a 1200 kit and a few extras. Whattya think?
  • robjonrikrobjonrik Member Posts: 29 ✭✭
    edited November -1
    I have three comments on this subject.1. Obey your state law and know the law of the state you are in. Those receiprical agreements still require you to know their rules.2. Within the law it is no one's business what you have.3. When stopped by a LEO, DO NOT go reaching for insurance and registrations. Open your window so you can hear and place your hands in plain view on the top of the steering wheel. After being approached by the officier, announce where the paperwork is and that you are going to retrieve it. If you have a weapon in the same place, announce to the officer that you are in pocession of a lawful weapon and where it is. At all times move slowly. Offer to surrender the weapon to the LEO for the duration of the traffic stop.Remember, it is NOT PERSONAL! Everyone just wants to be able to go home at the end of the day.Remember the 3B's: Be careful, Be safe, Be alive.Good luck and God Bless
  • robjonrikrobjonrik Member Posts: 29 ✭✭
    edited November -1
    Dano:One is just supposed to impart street justice, never explain it. If imparted properly explaination is not required. Remember the 3B'sTrue Blue and God Bless!
  • dakotashooter2dakotashooter2 Member Posts: 6,186
    edited November -1
    Being a very rural state most LEOs don't make a big deal of it here. I was once stopped by the Sherrifs Dept. late one night. I had a loaded handgun in the vehicle at the time so I handed the officer my CWP too. He asked If I was carrying and where the weapon was. He then asked me to step out of the vehicle which I obliged, keeping my hands visible on my own initiative. He wrote the ticket and let me go. The officer acted very professional, did not overstep his bounds and we treated each other with mutual respect the end result being no problems.
  • mudgemudge Member Posts: 4,225 ✭✭
    edited November -1
    Ghotie....Haven't gotten to the west coast yet. A couple of trips to Sturgis is as far west as we've gotten. How big is the friend who wants to buy a H-D? If he's anything like the size of most CHIPs I've seen, a Sportster is gonna' be WAAAAY too small for him. I'm 6'6" 260 lbs. and on anything smaller than a Road King my knees are up under my chin. Mrs. Mudge has a Low Rider which has the same engine as mine (1340CC) but a smaller frame. What your friend needs to do is go to a couple of H-D shops and "try on" some bikes. Buy the best thing he can afford. They don't depreciate much. Mines a '95 Road King which I paid $17,000 for in '95. I could still get $13,000 for it. Mudge
    I can't come to work today. The voices said, STAY HOME AND CLEAN THE GUNS!
  • gunpaqgunpaq Member Posts: 4,607 ✭✭
    edited November -1
    Have been off and on this machine the past week and just happened to see this post. In Pennsylvania the State Police are most always very professional as well as respectful when it comes to civilians carrying. Have been stopped twice by the State Police and always informed them up front with my vehicle info-no problem and the stops seemed to be on a more friendly tone after informing the officer. The opposite can be said for the local township cops, especially the young ones on an ego trip. Be very careful with these guys....had a very bad experience.
  • ghotie_thumperghotie_thumper Member Posts: 1,561 ✭✭
    edited November -1
    You must not have seen some of the CHIP's were throwin through the academy lately. I've seen guys/gals so small their batons nearly drag the ground. It's a good thing we went to the 40 cal a few years back, undoubtedly some of these little giants would've been packing the 6" 686 to impress. Never used to be like that. Anyway, This guy is a deputy and isn't more than about 5-10 but is pretty stocky. He's been saving for a "real" Harley he say's but another deputy has that sportster and is ready to upgrade. I'll pass it on to him. He seems to want one pretty bad but it'd be a shame if he got way less than he needed and kicked the manufacturer. I used to ride a rice rocket for a while, an old 74 Kawasaki it was a 3 cylinder 2 stroke 500cc. That thing was fun in a straight 1/4 but it didn't handle very good. I took the family on vacation 2 summers ago, we passed through Sturgis on or meanderings. It was pretty desolate at the time. The only thing of interest we saw was a town clown pulling over some trucker for what I don't know. I'd been following the truck through town and the only thing I could figure was the police must have had information that the truck was wanted for something done earlier because he was being good when the man swooped in on him.
  • LowriderLowrider Member Posts: 6,587
    edited November -1
    I've been to Sturgis and the Redwood Run both. Didn't camp at the Run To The Redwoods, just happened on it during a bike ride through California and stayed for the day. I thought the Garberville event was a lot cooler than the South Dakota extravaganza. Smaller, better weather, and not as frantic. Damn good music too.
    Lord Lowrider the LoquaciousMember:Secret Select Society of Suave Stylish Smoking Jackets She was only a fisherman's daughter,But when she saw my rod she reeled.
  • ghotie_thumperghotie_thumper Member Posts: 1,561 ✭✭
    edited November -1
    Low and Mudge. Here in my hometown they've started a River Run. You'll laugh when you hear the name of the town. "Happy Camp". So Next year I'll be the guy in the Black and White Ford Expedition with all the lights on it. The 2nd annual Happy Camp River run will be in June I think on the 2nd weekend. I'll keep you posted if you're interested. Also the local chamber of commerce needs ideas for activities that will enhance the event as well. Any ideas would be passed along to them. Low you're lucky you missed the Reggae on the River unless you're into that kind of music. 10,000 screaming hippies (politically incorrect), What a traffic jam that is to deal with. The camping on one side of US101, with the music festival on the other. We, the chip's get to do traffic control at the event. We see some really stoned out individuals. Comic relief for cops.
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