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Must inform, concealed carry?


Guest coldblackwind

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Guest coldblackwind
Posted

Ok, I was under the impression that you did not have to inform the police if you were pulled over and have a concealed carry permit, is this correct? My friend was caught for a seatbelt violation in a speed trap, and has a concealed carry permit. He was NOT carrying at the time. The officer then proceeded to ask if he was carrying after he ran his license, my friend responded he wasn't. So he asked why he didn't tell him he had a permit, and he responded it was irrelevant, as he wasn't carrying. After this, the trooper became quite rude with him, something along the lines of Don't tell me the law, I know the law (wasn't there, just what he told me, so it may not be word for word), but as near as I can tell, he didn't even try to tell him anything about the law! Anyways, I have heard two things on this, one that you did have to inform, and more recently that you didn't, but it was recommended. If the second is correct, then obviously the trooper doesn't know the law!

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Guest illumina
Posted

Someone will probably come along with a longer answer, but in short, you don't HAVE to inform them and there are mixed feelings on if you should or shouldn't.

Guest joeharris
Posted

You dont have to, but sadly Barney (cop) usually does not know laws, even regarding open carry, sad but it's Barney!:shake:

Guest donfromtexas
Posted

I was actually shown a video in my carry class that had a woman reaching for an I.D. when her sidearm became visible.... not a good move considering the police then reacted by pulling her from her vehicle and man-handling her because she forgot to mention she had a carry permit and weapon on her person.

Do I agree with what happened? No.

Should you tell the officer when they approach your window? Maybe

Should you be pulled from your vehicle and man-handled when a weapon is seen? I do not belive so, but I am sure an officer would disagree as they are the ones out there getting shot at when approaching vehicles for a simple traffic stop.

My position... Use sound judgement. Does it infringe on your right to carry by letting the officer know you are... NO. Will it prevent you from being man-handled if you do let them know you are carrying... most likely.

But to answer the question originally asked. NO you do not have to announce you are a permit holder or in posession of a weapon. (I personally try to avoid being pulled over to begin with :shake: )

Posted

law says you dont have to. most officers wish that you would tell them. and some will tell you that you have to. its up to you to tell them or not but use good judgement if you choose to not at times. however, if they ask for it, you ARE required to produce it.

Guest dizzielizzie
Posted

I'm seeing that you only have to inform the officer IF you are carrying and they ask to see it.

(n) (1) Except as provided in subdivision (n)(2), a permit issued pursuant to this section shall be good for four (4) years and shall entitle the permit holder to carry any handgun or handguns that the permit holder legally owns or possesses. The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun and shall display the permit on demand of a law enforcement officer.

This answers a question we all have asked - whether the fact we have a permit is known to the officer when they run a driver's license check. I say your friend did the right thing, he wasn't carrying so at the time the HCP was irrelevant.

I believe the notion "to tell the officer you are carrying" came up from the video we all have to sit through when taking the HCP class. My class instructor thought the video was a joke because it's out of date and misleading.

I think the state is leaving out information - if you go to Handgun Carry Permits and then click on "Handgun Carry Permit Related Laws" the codes listed leave out the "defenses" sections and other important information (to us as HCP holders.) It's like we get partial or incorrect information - via class or links on the internet - and we have to figure out the rest of it on our own.

Not everyone has access to the internet so there are many who honestly don't know the laws - citizens and law enforcement alike. Not to mention there's been a few changes too. And some are going to take offense when this is brought up, just because of the human fact we don't like to have to admit we were wrong.

That's probably what happened in your friend's case, Mr. coldblackwind. Your friend indirectly pointed out to the officer they didn't know the law and the officer took offense.

Posted

Just a side note but this does vary from state to state; so if you travel be sure to know what the laws are in the states in which you are traveling. For example NC is a must inform state.

My instructor was a LEO and let us know it was a choice as to inform or not, but did say that he would rather be informed himself to avoid any potential misunderstandings.

I have been pulled over once (headlight out) since having my permit, and the Winchester LEO thanked me for informing him and sent me on my way.

Other opinions vary, but I will most often inform. Guess not having to inform is nice if you have a brief encounter (such as asking directions; saying hello in the convenience store, etc.) Always thought it might make for a weird situation in NC to have to inform....(where is the nearest gas station?....uh by the way, I got a gun.)

Guest blackbeltchick
Posted

I was told in my HCP class, if you get pulled over it's best to keep your hands 2-10 and let the officer know that you do have HCP and ask, how do you want to handle this. He then said the officer will ask if you are carring and where is the gun or guns located. I'm proud to be an HCP holder and went through alot to get it. IMO be nice and let them know, be proud!!

Posted

1. You are not required to notify the Officer.

2. Common sense should tell you whether it is a good idea or not.

3. There are cops that don’t know the laws.

4. People (including friends) will tell you things that never happened.

Guest bkelm18
Posted
1. You are not required to notify the Officer.

2. Common sense should tell you whether it is a good idea or not.

3. There are cops that don’t know the laws.

4. People (including friends) will tell you things that never happened.

Short and sweet, just like a good answer should be. :):shake:

Posted
Just a side note but this does vary from state to state; so if you travel be sure to know what the laws are in the states in which you are traveling. For example NC is a must inform state.

Yes some states require that you inform. Handgunlaw.us

1. You are not required to notify the Officer.

2. Common sense should tell you whether it is a good idea or not.

3. There are cops that don’t know the laws.

4. People (including friends) will tell you things that never happened.

Excellent.

Guest coldblackwind
Posted

Ok, too many to quote, lol. Anyways, to answer the variety of things said, it wasn't a matter of the cop being nervous because he saw a gun or something of that nature, he was on his way to work, so there was no gun anywhere in the car. In fact, from where he described his closest gun was probably 10-15 miles away. 2nd, he didn't really try to tell the cop the law, the cop just asked why he didn't tell him, and he said it was irrelevant since he wasn't carrying. Wasn't a matter of telling him the law, he was just saying he didn't see much point as he wasn't carrying. 3rd off, about a friend telling you something other than what happened, this guy has NO personality, lol, ask Bukowski, he'll vouch for that. He wouldn't lie just because it wouldn't cross his mind. He's one of those people who'll tell you whatever is on his mind because he just doesn't care what your reaction is. Thanks for the answers guys, that's what I thought the case was, recommended but not required. The point I was getting at was that the trooper didn't have a be jerk about it, it was a perfectly legitimate, and legal thing to do, and chewing him out was uncalled for. There was more to it than what I posted I believe, he wouldn't have brought it up if that's all the trooper said, but getting a complete story out of this guy is like pulling teeth. Partially I think because he got in a car wreck 5 or 6 years back, and his memory isn't that great.

Guest mikedwood
Posted

You don't have to tell them unless they ask...

but if they run tags on a car that belongs to you or if they run your license...

they will find out.

If you are a passenger they may never know

Posted

Here let me fix that for you.

Ok, I was under the impression that you did not have to inform the police if you were pulled over and have a handgun carry permit, is this correct? My friend was caught for a seatbelt violation in a speed trap, and has a handgun carry permit. He was NOT carrying at the time. The officer then proceeded to ask if he was carrying after he ran his license, my friend responded he wasn't. So he asked why he didn't tell him he had a permit, and he responded it was irrelevant, as he wasn't carrying. After this, the trooper became quite rude with him, something along the lines of Don't tell me the law, I know the law (wasn't there, just what he told me, so it may not be word for word), but as near as I can tell, he didn't even try to tell him anything about the law! Anyways, I have heard two things on this, one that you did have to inform, and more recently that you didn't, but it was recommended. If the second is correct, then obviously the trooper doesn't know the law!

Welcome to Tennessee the state with a Handgun carry permit not a concealed carry permit.

Posted
Just a side note but this does vary from state to state; so if you travel be sure to know what the laws are in the states in which you are traveling. For example NC is a must inform state.

My instructor was a LEO and let us know it was a choice as to inform or not, but did say that he would rather be informed himself to avoid any potential misunderstandings.

I have been pulled over once (headlight out) since having my permit, and the Winchester LEO thanked me for informing him and sent me on my way.

Other opinions vary, but I will most often inform. Guess not having to inform is nice if you have a brief encounter (such as asking directions; saying hello in the convenience store, etc.) Always thought it might make for a weird situation in NC to have to inform....(where is the nearest gas station?....uh by the way, I got a gun.)

I have had two similar encounters since receiving my permit, and both have resulted in me going on without a ticket or further hassle. Therefore, I will be informing just in the hopes that this trend continues. However, you are clearly not required to inform, so if you choose not to, that's OK too.

Guest coldblackwind
Posted
Here let me fix that for you.

Welcome to Tennessee the state with a Handgun carry permit not a concealed carry permit.

Yeah yeah, you also call any carbonated drinks cokes, shopping carts buggies, and pronounce places using half the letters or letters that aren't in the word at all (IE: Monteagle, the t disapears to make moneagle, if it was moneagle it wouldn't have a T!, or shelbyville for some reason becomes shovel, not even gonna try to explain that!), so I don't want to hear about my itty bitty typo! (totally joking by the way, don't take that as fightin words)

Posted
Yeah yeah, you also call any carbonated drinks cokes, shopping carts buggies, and pronounce places using half the letters or letters that aren't in the word at all (IE: Monteagle, the t disapears to make moneagle, if it was moneagle it wouldn't have a T!, or shelbyville for some reason becomes shovel, not even gonna try to explain that!), so I don't want to hear about my itty bitty typo! (totally joking by the way, don't take that as fightin words)

In the east we have Maryville but its pronounced Merville.:rolleyes:

Posted
You don't have to tell them unless they ask...

but if they run tags on a car that belongs to you or if they run your license...

they will find out.

If you are a passenger they may never know

There is nothing on a tag check that will indicate if the owner has a HCP, only your DL.

As I'm sure all have noticed your HCP number is the same as you DL number. As far as the state database is considered, they are the same thing as far doing a check. You can not check one with out finding out the status of the other. Most dispatchers do not relay that a person doesn't have one unless that is what they are checking for, but most do say if a person does have a HCP whether the officer asked or not.

With all that being said....still not sure what the LEOs problem was in the case...I mean now some want us to notify that we aren't armed just because we have a HCP?

Anyway...

Posted
There is nothing on a tag check that will indicate if the owner has a HCP, only your DL.

As I'm sure all have noticed your HCP number is the same as you DL number. As far as the state database is considered, they are the same thing as far doing a check. You can not check one with out finding out the status of the other. Most dispatchers do not relay that a person doesn't have one unless that is what they are checking for, but most do say if a person does have a HCP whether the officer asked or not.

With all that being said....still not sure what the LEOs problem was in the case...I mean now some want us to notify that we aren't armed just because we have a HCP?

Anyway...

Dang Fallguy, I can never beat you to answering a question! What he said.

Posted
Dang Fallguy, I can never beat you to answering a question! What he said.

It's just because I have no life to speak of....lol :P

Posted

Since I've had my permit, I've been pulled over for speeding once and stopped at a couple of road blocks. Everytime, when I give my license to the officer, I make sure my HCP was on top of my DL. That way he is sure to see it, there is no confusion, and I don't have to start a sentance with "I have a handgun...". My thought is that he (LEO) and i are on the same side. If I work WITH him rather than AGAINST him, things will go much smoother.

Posted
Since I've had my permit, I've been pulled over for speeding once and stopped at a couple of road blocks. Everytime, when I give my license to the officer, I make sure my HCP was on top of my DL. That way he is sure to see it, there is no confusion, and I don't have to start a sentance with "I have a handgun...". My thought is that he (LEO) and i are on the same side. If I work WITH him rather than AGAINST him, things will go much smoother.

Well said, Jax.

Posted
Since I've had my permit, I've been pulled over for speeding once and stopped at a couple of road blocks. Everytime, when I give my license to the officer, I make sure my HCP was on top of my DL. That way he is sure to see it, there is no confusion, and I don't have to start a sentance with "I have a handgun...". My thought is that he (LEO) and i are on the same side. If I work WITH him rather than AGAINST him, things will go much smoother.

But you were armed....

The person being disussed in the OP was not armed.

How is not informing a LEO that you are not armed, just because you have a HCP working against him?

Posted

When the LEO goes back to his car to check me out, I have no idea what he can and cannot do. Therefore I assume he will find out that I have an HCP. I also assume that, like me, he doesn't like surprises at work. Of course his surprises could be deadly. I don't want him wondering if I am trying to hide something. At the end of the encounter, I want both of us to go home safe and sound. Lack of information can lead to confusion, confusion can lead to anger and anger can lead to really big problems.

This is just my way of handling a traffic stop. So far it has worked great.

And for the record, I was not armed on one of those stops and not once was I asked if I was armed.

Guest 3pugguy
Posted
Ok, I was under the impression that you did not have to inform the police if you were pulled over and have a concealed carry permit, is this correct? My friend was caught for a seatbelt violation in a speed trap, and has a concealed carry permit. He was NOT carrying at the time. The officer then proceeded to ask if he was carrying after he ran his license, my friend responded he wasn't. So he asked why he didn't tell him he had a permit, and he responded it was irrelevant, as he wasn't carrying. After this, the trooper became quite rude with him, something along the lines of Don't tell me the law, I know the law (wasn't there, just what he told me, so it may not be word for word), but as near as I can tell, he didn't even try to tell him anything about the law! Anyways, I have heard two things on this, one that you did have to inform, and more recently that you didn't, but it was recommended. If the second is correct, then obviously the trooper doesn't know the law!

What state, since TN does not have a concealed carry permit?

Or did you perhaps mean your "friend" has an HCP and this was in TN? ;)

There is not a statutory requirement of which I am aware to inform a LEO, whether an HCP holder has their gun with them or not - and this is addressed in most classes, I would think (it was in mine, anyway).

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