Declaring you are armed when stopped for traffic violation?

[boredelmo]

I'm 18 and i travel a lot between Austin and Houston. I sometimes keep a loaded snub nose with me. Plenty of shady gas stations in small towns.

For a period of time my dad had a Sig p220 in the armrest.

Now this is all legal in Texas. But I was wondering one thing: If a cop stopped me for a traffic violation, do i have to/should i declare that i am armed? Or is that just inviting attention and asking to be searched/jailed.

-Elmer

 

[Thain]

Under Michigan law - which obviously doesn't hold in Texas, but for frame of reference - a conceal weapons permit holder must declare that he is armed when stopped by the police. Stand procedure, I belive, is to hand him your CCW license along with your DL, and say something along the lines of "Good morning officer. Here is my drivers license and my permit to carry. I would be happy to provide my proof of insurance. May I open the glove box now?"

Under Michigan law, any firearm in a vehicle is "concealed," be it in your pocket or on the passenger seat alongside your McDonald's wrappers. So, I'd want to disclose even if it wasn't required... I don't want to be reaching for my registration or something innocent, and have my firearm print/flash/fall out.

A nervous cop might decide you're about to pul a gun, and nothing goo dcan ever result from that.

 

[ID_shooting]

In Idaho, again, doesn't hold much water as far as Texas law goes, we do tell the officer. For me it is roll down the window, place both hands on the wheel, wiat for the officer to approach and POLITELY tell him/her that I have a permit and am carrying and where it is. I then wait for thier instructions. Since I havn't been pulled over in like 8 years I can't really say how that goes over, but it hasn't been a problem in the past.

 

[Dave P]

FLA is not required to reveal. No reason to - you're the good guy, right?

 

[Damien45]

The SOP in AZ, for me, was roll down the window, stick my hands out (to be seen) and wait. Once officer arrived I would inform that I was a CCW holder and wait for him to ask or just instruct for me to get my licenses. I have never had to answer more then the "is it in your glove box?" question.

 

[fespo276]

From a purely non-legal standpoint (statutory requirements aside), my view is if you are a bad guy and intend on doing me harm, you're not going to tell me anyway. If you are a good guy and are carrying legally, you are not going to do me harm and I could care less if you are carrying. Don't need or want to know.

 

[cloudedice]

Packing.org says that you DO have to notify an officer when stopped in Texas that you are carrying.

TGC 411.205:

If you are asked by a law enforcement officer to show ID (as in a traffic stop), you are REQUIRED to volunteer that fact you are armed by showing your CHL along with driver's license. When they run your DL, it will show if you have a Texas Resident CHL, so they WILL find out. DPS says the first time you fail to show a CHL, you license 'may' be suspended for 90 days, the second time, 3 years and the third time it may be revoked. (I do not think they are enforcing this rigorously.) The third time 'might' be a Class B misdemeanor but the 2nd time would not. A Class B would result in an automatic revocation which costs your CHL for 5 years.

 

[winddummy]

CCW

Here in Idaho, Your CCW is tied to your driver's license. When they run your license it will come back that you have a ccw, your drivers license number is on the ccw. the couple of times I've been stopped they asked if I was carrying and if so where it was.

 

[nobody_special]

It depends on the state.

Here in NM, you can have a loaded concealed gun in your car even if you don't have a CCW permit. In fact, I stopped yesterday at a DUI checkpoint on the way back home from the range, with 2 rifles in the back (unloaded but in plain view) and a holstered pistol under the seat. I assume the officer saw the rifles but he never batted an eye... just checked my license and waved me on.

Most states are not so permissive.

 

[TexasRifleman]

Texas specific answer

Packing.org says that you DO have to notify an officer when stopped in Texas that you are carrying.

That only applies if you are carrying under the "privilege" of a CHL permit.

If you are carrying concealed under the cover of the "travelling" exclusion then you do NOT have to notify the officer, and in fact it is better that you don't, ESPECIALLY if you are around Houston.

Since the OP is 18 he cannot be carrying under a CHL, so he does not have to notify officers he has a gun.

Be aware that the travelling exclusion has changed recently and some District Attorneys are advising some rather sleazy methods. In general just take the speeding ticket and don't volunteer any information at all.

You need to read this document prepared by the Texas State Rifle Association and the Texas ACLU and see if any of the counties you go through are having these "problems" with the new law.

http://tsra.com/docs/AboveTheLaw.pdf

 

[cane]

Just wondering what kind of vehicle you're driving that can't make Austin to Houston (160 miles) without having to stop for gas. And of course, the free advice, don't do anything that will cause you to be stopped.

 

[Bartholomew Roberts]

Definitely read the TSRA document that Texas Rifleman provided. As an 18yr old travelling through Harris county, you are running a good risk of facing exactly the kind of arrest and problems that handout discusses if you are found with a handgun in the car.

 

[Sry0fcr]

One H-I.com member to another, don't volunteer any info. Only answer questions relevant to the traffic stop. If they ask to search, decline.

 

[R33P3R]

I would hate for the officer to shoot me because i was getting my wallet.

I am left handed, therefore my weapon is on the left, and my wallet is also in my left pocket. If i leaned right to get it, one would almost definetly notice it.

Normally goes like this.

I get pulled over, i roll the window down and place both hands on the steering wheel.

officer appoaches the vehicle and most of the time says why you sitting like that.

I respond with, your job is dangerous enough without you having to worry about the person your pulling over harming you somehow.

thats normally when i get to leave. but if not, and the officer asks for my liscense and reg. I tell them I have a CCW and my weapon is on my left. I ask if they would like to unolster it and secure it before i get my wallet out.

not sure what happens after that, thats as far as i get before they let me go.

 

[dralarms]

The only time an officer has taken my gun was years ago while in NC (open carry state), had a 357 on the seat and when he pulled me over I tossed it up on the dash and put my hands on the wheel, I did not let him get all the way to me before declaring it so that there was no surprise, all he did was "let me see it", took it looked it over and handed it back to me, then asked for my DL.

 

[Ratzinger_p38]

Does anyone know the law for Ohio? I am under the impression I cannot have any loaded gun unless I have a CCW (which I dont, yet) - but I have noticed some rednecks with shotgun on a rack, visable in the back windows of trucks, etc.

 

[ZeSpectre]

somebody should post a link to that ACLU video about getting pulled over.

 

[wdlsguy]

Since you are in Texas, you could carry a rifle or shotgun instead of a handgun.

 

[Scanr]

I got stopped a few weeks back and the first question out of the officer's mouth was "do you have any weapons in the car?" I was not armed, not having a ccw, yet, but that was a loaded question, my little 1.5 inch pen knife is a weapon if I use it right. In Nevada you can have a gun in the car. He said I was riding the white line too much and wanted to see if I had been drinking. He let me go and that was that.

I asked a friend at work, who had just gotten out of the police academy what would be the procedure if I had been carrying? He said they were never trained on that, for him I would have been to ask for the gun and he would return it when the stop was finished. That is what he said he would do, right or wrong I don't know.

 

[thrasher64]

Yeah, Here In WA you don't have to announce it but cops usually ask.

 

[Condition Plaid]

In California it can depend on the county your CCW is issued in. In Orange County, as a condition of the license, we're required to notify any police officer we interact with that we have a CCW.

 

[cloudedice]

somebody should post a link to that ACLU video about getting pulled over.

Video as requested.

 

[gezzer]

I got stopped a few weeks back and the first question out of the officer's mouth was "do you have any weapons in the car?"

Don't talk you are not REQUIRED to talk to him. Or ask if he has any jelly douhnuts.

 

[tinygnat219]

In VA, you are required to present your Concealed Handgun Permit if you are carrying. You aren't if you're not. Our CHPs are tied to the state license as well and show up when the license check is run. However, if you are carrying Open, no permit is needed

 

[Outlaw Man]

In Arkansas you are not required to say unless you are asked. However, my CHL instructer, who was an active cop, recommended that we volunteer it for two reasons.

1. They're going to find out anyway when they scan your driver's license, and then they're going to wonder if you're trying to hide something.

2. With the right officer, it could get you out of a ticket. In his exact words, "it's hard to give someone a ticket after you've chatted for five minutes about a mutual hobby." It's not a guarantee, but it works sometimes.

I had a wreck last year and had to have my car towed. In that car, I always carried an SP101 in the center console, and it was in there that day. I asked the trooper how I needed to handle retrieving it. He told me to wait until the wrecker pulled up and was ready to hook onto my car and then secure it.

After about 30 minutes (there were two wrecks that occured from people rubbernecking), the wrecker backed up and I verified with the trooper that it was ok to get my gun. I put it on (it was in an ankle holster so I could almost always take it with me if I needed) and got back out of my car to let the wrecker do his thing. I walked back over to the trooper, who proceeded to ask me what I was carrying. We had a nice little discussion.

I don't think I was required to say anything to me, but it was a lot less risky than just grabbing a gun from the car with a trooper watching me.