View Full Version : CCW & Traffic stop question...
ts-pa
07-12-2004, 03:27 AM
If you have a CCW permit and are the driver of the car and you are pulled over for a routine traffic stop, which of the following do you do?
A. No mention of the CCW permit, weither armed or not.
B. Verbally indicate to the officer of your CCW permit, weither armed or not.
C. Hand over your CCW permit along with your license & registration, with no mention about being armed or not.
D. Hand over your CCW permit along with your license & registration, mentioning being armed or not.
C. Hand over your CCW permit along with your license & registration, offering to hand over your gun (butt end towards officer of course) during the stop.
A second part of the question. How about if any the passengers are armed or not and have CCW permits?
I already have an opinion, but I had a disagreement with a friend on this issue. Looking for opinons or experiences of the group, especially from any LEO's & lawyers out there.
Thanks, Tom
martyo
07-12-2004, 04:37 AM
The CCW permit should only matter of you are armed. So, if you are armed, you should give the permit with your license and so advise the stopping officer.
Same approach and treatment for passengers.
While I am a lawyer and not a P.O., I think it is always best to let the P.O. know exactly what you are going to do before you do it. So, in my opinion, taking out the firearm before you tell the P.O. is a bad idea. But, I definitely think you should make it clear up front that you are carrying. And, although this may sound obvious, there is no need to sound apologetic that you are carrying (that just triggers assumptions of some sort of guilt) -- rather, just sound informative.
The above is my opinion only and is not intended to constitute legal advice. :P
Custom, practice and policy may differ from state to state and region to region, so bear that in mind.
SouLRioT
07-12-2004, 05:23 AM
In my state you dont need a CCW/CCF to have a firearm in your car. The first thing out of your mouth if you have a firearm is "I have a firearm in my car" and where it is. If you dont have a firearm in you car, you dont need to mention that you have a CCW/CCF.
2003 MIB
07-12-2004, 05:45 AM
In Texas, you give both DL and CHL even if not armed- the law.
You also pro-actively declare any firearm in the vehicle- the custom.
As a courtesy, I stick my hands out the window and let the LEO know there's a gun in the car as he walks up- I figure we both have enough stress in our lives without adding to it. They seem to appreciate the thought.
Hawaii 5-0
07-12-2004, 06:37 AM
Hand over the CCW permit, show your hands and declare that you are armed. Same for the passengers. If I am traveling and came in contact with LEO's I did not know I would do the same. I stopped an FBI agent once and he did the same thing, showed his ID, kept his hands on the wheel and delcared he was armed... Do not reach for or hand it over to the LEO, if he needs it he will not ask you for it, he (or she) will ask where it is and get it (even if its on your person) ... if you or your passengers have CCW's and are not armed then no need to say anything its all a non-issue (unless of course its part of the law) ... although in Hawaii there are no such things as CCW permits... just my .02 :up:
Agent M79
07-12-2004, 07:49 AM
Interior lights on.
Window down.
Hands at 11 and 1 on steering wheel.
Eyes forward.
At first opportunity, inform the officer of the permit, armed status, and if armed where the firearm is.
Cop will tell you the rest.
I have been pulled over 3 times and have been through a half dozen check points since getting my CCW and I've not been told to do it differently. They have also never asked me to relinquish the weapon or step out of the car.
So far so good. I don't need anyone to have a worse day.
ts-pa
07-12-2004, 09:16 AM
My view of this topic was just as "Hawaii 5-0" stated. My friend argued that there is no need to tell the officer of the permit. I feel that since he/she will be looking at a computer that may tell them of the permit, I should be upfront about it. Is this unnecessary?
I was also advised to have the windows down, especially if they are tinted.
Tom
SHERIFF
07-12-2004, 11:57 AM
First off, there is no correct answer. Just opinions based on whatever knowledge you have of your state and local cops.
To me, I would do A.
A. No mention of the CCW permit, weither armed or not.
In my state you're under no obligation to explain anything about a CCW or weapon to any police officer...... unless and until he asks. If he sees the weapon you can bet he is going to ask. Our DMV records also advise the police officer that so and so posesses a CCW. "201, subject licensed, no restrictions, no warrants or wants, and be advised the subject does have a CCW!"
Here's the trouble with my theory though....... suppose you reach into the inside breast pocket of your 3 piece suit to retrieve you wallet and driver's license..... the officer sees a weapon in a shoulder holster..... officer thinks you are going for the weapon and deposits a slug in your brain that requires removal during an autopsy? Do you think the cop is going to admit, "Opps, he was reaching for his driver's license and I over reacted when I shot him in the head!" Hell no, he would probably claim you were in fact going for your weapon!
Furthermore, in 1997 my CCW was illegally confiscated by a red-headed stepchild rookie and was not returned for 2 weeks. Think about it..... a Circuit Court judged reviewed my background and issued me a CCW. A rookie comes along, plays God, and confiscates it for no reason whatsoever. Based on this one expeirece I would never tell a cop I have a CCW or a weapon in the car. If he finds either....... they're still legal
.
We didn't have these "what if" problems back when people were killing people. But now that liberal America claims "it's guns killing people", everything has gone to Hades in a handbasket. The average person walks around worrying about whether they can get in trouble even though they are abiding by the letter of the law.
Can anybody imagine (or agree) how low the crime rate would go if we reverted back to Dodge City days, everybody walking around with a gunbelt strapped on their side? it may sound crazy, but there would be a drastic decline in murders, rapes and robberies nationwide. It's just a dream, we'll never see it. But the lawmakers agree and it's the reason CCW laws pass almost everywhere. :D
Marauder
07-12-2004, 12:53 PM
.....Can anybody imagine (or agree) how low the crime rate would go if we reverted back to Dodge City days, everybody walking around with a gunbelt strapped on their side? it may sound crazy, but there would be a drastic decline in murders, rapes and robberies nationwide.....
I agree...I think the states that have CCW law have lower crime rates cause you never know who's packin'!!!
First off, there is no correct answer. Just opinions based on whatever knowledge you have of your state and local cops.
To me, I would do A.
A. No mention of the CCW permit, weither armed or not.
In my state you're under no obligation to explain anything about a CCW or weapon to any police officer...... unless and until he asks. If he sees the weapon you can bet he is going to ask. Our DMV records also advise the police officer that so and so posesses a CCW. "201, subject licensed, no restrictions, no warrants or wants, and be advised the subject does have a CCW!"
Here's the trouble with my theory though....... suppose you reach into the inside breast pocket of your 3 piece suit to retrieve you wallet and driver's license..... the officer sees a weapon in a shoulder holster..... officer thinks you are going for the weapon and deposits a slug in your brain that requires removal during an autopsy? Do you think the cop is going to admit, "Opps, he was reaching for his driver's license and I over reacted when I shot him in the head!" Hell no, he would probably claim you were in fact going for your weapon!
Furthermore, in 1997 my CCW was illegally confiscated by a red-headed stepchild rookie and was not returned for 2 weeks. Think about it..... a Circuit Court judged reviewed my background and issued me a CCW. A rookie comes along, plays God, and confiscates it for no reason whatsoever. Based on this one expeirece I would never tell a cop I have a CCW or a weapon in the car. If he finds either....... they're still legal
.
We didn't have these "what if" problems back when people were killing people. But now that liberal America claims "it's guns killing people", everything has gone to Hades in a handbasket. The average person walks around worrying about whether they can get in trouble even though they are abiding by the letter of the law.
Can anybody imagine (or agree) how low the crime rate would go if we reverted back to Dodge City days, everybody walking around with a gunbelt strapped on their side? it may sound crazy, but there would be a drastic decline in murders, rapes and robberies nationwide. It's just a dream, we'll never see it. But the lawmakers agree and it's the reason CCW laws pass almost everywhere. :D
Do I hear an "AMEN", here? AMEN!
FordNut
07-12-2004, 02:50 PM
When I went through the training program in my state, we were instructed to only mention it if you are armed, as follows:
Window down, hands on the wheel in plain sight, state "I have a CCW permit and am armed, the weapon is located in my ____". The officer will tell you what to do next based on the situation. He probably already knows if you have a CCW anyway.
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