Traffic Stop Procedure

[Guest WestonGray]

I know some people don't like to say, but I personally always think it is the best policy to make it known you are a HCP holder and you are armed during a traffic stop. My experience has been that they are much friendlier/lenient if they know you have your HCP, but I have also heard the horror stories of cops freaking out. So, my question is, after it has been made known that I carry and my weapon is in the vehicle, what are my rights after that? If he asks to see it, must I present it? Can he make me exit the vehicle? etc.

[Parrothead]

I know some people don't like to say, but I personally always think it is the best policy to make it known you are a HCP holder and you are armed during a traffic stop. My experience has been that they are much friendlier/lenient if they know you have your HCP, but I have also heard the horror stories of cops freaking out. So, my question is, after it has been made known that I carry and my weapon is in the vehicle, what are my rights after that? If he asks to see it, must I present it? Can he make me exit the vehicle? etc.

What a can of worms.....this has been discussed in the past. Look around and dig up some old threads

[BigPoppa]

"I know some people don't like to say, but I personally always think it is the best policy to make it known you are a HCP holder and you are armed during a traffic stop. My experience has been that they are much friendlier/lenient if they know you have your HCP"

I agree.

Yes, if LEO asks for your HCP, you must present it.

Yes, if LEO asks you to exit the vehicle, you must do so.

Yes, if LEO asks for your handgun DON'T reach for it, but rather let LEO know where it is and invite him or her to secure it themselves.

Yes, LEO can disarm you for the duration of the traffic stop.

I'd recommend being super polite and Mr. Agreeable should this occur, unless LEO really gets outrageous in their demeanor, language, or conduct. And always, always keep your hands in plain view of LEO.

If anything is said or done by LEO that you don't feel right about, ask for a Supervisor to come to the scene.

Edited December 21, 2011 by BigPoppa

[UncleJak]

I've only had one experience with this. I told the officer and asked him if he would feel more comfortable if I let him hang on to my gun. He did and I easily handed it to him. The rest of the encounter was smooth as can be. We ended up becoming friends and chatting for a bit. I see him from time to time and we still talk. I think this all stems from that one encounter we had where I was up front and honest with him. +1 for cool cops!

[Guest nicemac]

I've only had one experience with this. I told the officer and asked him if he would feel more comfortable if I let him hang on to my gun. He did and I easily handed it to him. The rest of the encounter was smooth as can be. We ended up becoming friends and chatting for a bit. I see him from time to time and we still talk. I think this all stems from that one encounter we had where I was up front and honest with him. +1 for cool cops!

I see no reason to ask an officer if he would like to "hang on to my gun." None.

I was recently stopped in Brentwood. It was dark and I turned the lights on inside the car before I was stopped. I put my hands on the wheel and rolled the window down. When the officer approached, he told me I was going 55 in a 40 and asked for my license. I informed him that I was also handing him my HCP and that I did have a weapon in the car. He asked where it was located. I told him it was on my side. He asked that I not touch it and went back his car. He came backed and handed me my HCP and license, thanked me for my honesty about the weapon and told me to have a nice evening. He never mentioned my speed again. I assume it was a fishing expedition to check for DUI, as it was late on a Saturday night just before Christmas.

[tugboat]

I got pulled over about a month ago for my tags expired. When the officer asked for my DL I handed him both my DL and my HCP. He then asked if I had any weapons in my vehicle and of course I advised that i did. I asked if he needed to see it and he said no. After he had ran my info and came back to my truck he then asked what kind of weapon I carried. I told him what gun I had then the asked to see it. Kinda caught me off guard but I took it off my hip, handed to him and just looked at it. Then he asked how much I paid for it and if I liked it....Long story short, I made a friend and ended up doing some trading later on, on some shotguns. I think most of the time, cops are ok with it.

[LagerHead]

In Tennessee most LEOs are comfortable with the HCP carrying community. You will always have exceptions and many of them are folks that migrated here from some more enlightened state, like Illinois. I have had 3 encounters while carrying - two sobriety checkpoints and a stop for speeding - and all three have been pleasant. All three I informed up front. At the first sobriety checkpoint as soon as I told the officer I had my HCP and was carrying he said to have a nice evening and off I went. The second one was in Alabama and I explained that I was a TN HCP holder, he went and checked with his Sergeant/supervisor, and again sent me on my way. So far 3 for 3 means I will always be informing up front. YMMV.

[jimic]

Dont ask Dont tell......if he want to know he will ask. I have Never been asked.

[hornett22]

I always tell them. Only had a problem once but wasn't disarmed and I didn't get a ticket. He was just a jerk or trying to see if I was intoxicated. It's going to be easier in the long run to just tell them up front. All but the jerk thanked me for telling them and were very professional.

[Guest nicemac]

Dont ask Dont tell......if he want to know he will ask. I have Never been asked.

Sorry, this is bad advice. He will find out the second he runs your DL anyway. That puts him to wondering WHY you didn't say something. Surprising the police is never a good thing.

[UncleJak]

Clarification: The reason I asked if he wanted to hang onto my gun was based on his reaction to my informing him I had my permit and pistol. He kinda acted a little weird and fidgety. I think I was the first person he had ever stopped who had a permit. I didn't want him to shoot me or something. After he determined I was cool, he gave it right back and we began our conversation. I probably wouldn't ask if they want to hang on to it, but in this particular situation it seemed to work out ok.

[lowbud]

I always hand the officer my license and HCP. If they ask why I gave them my HCP, I sort of chuckle and say if see you see mine and get spooked, I sure don't want to be looking down the barrell of yours. It uasally gets a chuckle from them too.. I have also had them ask where it was and didn't ask any further questions.

One time in memphis the officer asked for it and placed it on the roof of my car while he was talking to me and took it back to his car while he was running my record. He gave it back when he returned to my car with a warning.

YMMV!

[SupaRice]

Is it true that some states REQUIRE you to disclose it up front, and they can charge you for not doing so?

[Guest nicemac]

Is it true that some states REQUIRE you to disclose it up front, and they can charge you for not doing so?

Absolutely true.

[Oh Shoot]

Is it true that some states REQUIRE you to disclose it up front, and they can charge you for not doing so?

Yes. Can't put my finger on it, but there's a fairly recent video from some state discussed here where the LEO made a big deal about it because the guy didn't tell him first words out of his mouth after a stop. Was pretty extreme case, though, I'd say - cop was way out of line in general.

- OS

[Guest nicemac]

Yes. Can't put my finger on it, but there's a fairly recent video from some state discussed here where the LEO made a big deal about it because the guy didn't tell him first words out of his mouth after a stop. Was pretty extreme case, though, I'd say - cop was way out of line in general.

- OS

[daddyo]

The last time I was pulled over was back in about 2005. I wasn't carrying at the time, but had my permit long before then. I didn't know about handing him both at the time, but he ran my license and my tags and never said a word about me having a permit.

Interesting.

[KOM2]

I would definitely offer it up front as a courtesy to the officer/deputy. I've been stopped 3x this year, twice for speeding and once for tags where our vehicle didn't pass..long story. Once was a Metro Nashville PD, once Williamson County Dep, and once in Murfreesboro by MPD. I always keep my hands on the wheel and have lights on. Most of all, I want them to feel safe very quickly when they are walking up to my car. They are just doing their job and honestly it would scare me every time I did a traffic stop if I was an officer. All three times I handed them my DL and permit while saying I have a HCP and I do have a weapon in the car. Metro and Murfreesboro just shrugged and said ok like they didn't care. Williamson asked where the pistol was located and said just don't touch it. Understood of course! All three of these I drove away with a warning and no trouble whatsoever.

The only time I've not agreed with what went down at a traffic stop was when I was 21 and had my permit for a few months. I was in Brentwood and was stopped for a headlight being out ( I honestly didn't know). I guess I looked young and when I told him I had my HCP he freaked out. He made me get out of the car and stand there(no problem). Then he asked if I had other weapons in the car. I happened to have been shooting earlier in the day so I had a Kimber in my backpack in the case unloaded in the backseat. He got it out of the backpack and checked it out for no apparent reason. He ended up writing me a citation for the headlight and sending me on my way. I guess it really just made me mad about looking in the backpack etc and getting the stupid headlight ticket, which cost me $75 in court costs.

My only other example where I thought HCP could be a problem was when my fiance and I were robbed back in Dec 2004. I have posted that story before on here, but I ended up with my wallet being taken by the robbers and then I'm armed with a Glock 27 on my belt and like 5 Metro PD units showing up to get our story. The first thing I said was we were just robbed at gunpoint and they took my HCP. I am presently armed. I figured this would cause problems, but they blew by that information and wanted to know descriptions, etc. One of them ended up telling me, "too bad you didn't shoot 'em, our job would be a lot easier." I don't know about a murder scene being easier than armed robbery, but at least the criminals wouldn't continue "working."

I still believe it's best to always let them know asap!

[Guest nicemac]

My only other example where I thought HCP could be a problem was when my fiance and I were robbed back in Dec 2004. I have posted that story before on here, but I ended up with my wallet being taken by the robbers and then I'm armed with a Glock 27 on my belt and like 5 Metro PD units showing up to get our story. The first thing I said was we were just robbed at gunpoint and they took my HCP. I am presently armed. I figured this would cause problems, but they blew by that information and wanted to know descriptions, etc. One of them ended up telling me, "too bad you didn't shoot 'em, our job would be a lot easier." I don't know about a murder scene being easier than armed robbery, but at least the criminals wouldn't continue "working."

My wife was paramedic in Memphis for several years. She has been to a lot of scenes where people were shot/ killed in homes/ apartments. One thing people forget about is that when all of the investigators, etc… leave the scene, YOU can have a big mess to clean up–especially if a shotgun was used to diffuse/ end the situation. Cleaning up a dead guy's brains (and other body parts, pieces andy fluids) off of your walls and floors is pretty gross.

[Guest dubaholic2]

i have been stopped a couple times and have always given my hcp with my dl. they know when they run your info, but i figure the more upfront i am with them the better. the first time he just asked where it was and when i told him it was in the glove box with my registration and insurance card, he just had me put it on the dash and not touch it. the second time the leo asked if i had a gun on me and i told him yes and he just told me to leave it be. no biggie either way. still got a ticket for 76 in a 50 (late for work), which hurt my wallet quite a bit, but at least i didnt get arrested for reckless driving.

[Fallguy]

Sorry, this is bad advice. He will find out the second he runs your DL anyway. That puts him to wondering WHY you didn't say something. Surprising the police is never a good thing.

It's not that bad...

Yes, they will know you have a HCP, but not necessarily that you are armed...as you may not be. I know several people with a HCP that don't carry on a regular basis. If they ask after running your DL, answer...no biggie.

I was stopped a couple of years ago, didn't inform, officer ran my DL, came back, gave me my ticket and we both went on our way. Having HCP or firearm was never mentioned by either of us.....

Now that is not to say I would never inform, because I have...it all depends on the situation.

As far as the original question...I think it was pretty much answered in post 3

[rgaper]

I have always been willing to provide my resident permit or license in every state I've lived, even when I'm not carrying a firearm. Felons don't have pistol permits, so by giving the officer your permit, you are letting them know you're not a scary guy, so they can spend less time thinking about whether you are a dangerous traffic stop.

On the other hand - and I see that a number of folks here have experienced this - if they officer asks for you to give them your firearm, it can quickly turn into an unsafe situation. Here's why...

1. If they ask you to hand them your firearm, you're likely going to be muzzlesweeping yourself and handing a loaded firearm, which may or may not have external safeties on it, to an individual at an odd angle. That's dangerous every day of the week. It's unlikely that the officer will let you exit the vehicle to unholster, and if he does, now you're on the side of the road with a cop and pulling a gun out. None of these are high on my list of things to do.

2. Keeping in mind that most police officers aren't "gun guys" it's extremely possible that they may suddenly be handling a firearm that they are unfamiliar with. This can create a very dangerous situation very quickly. A good friend of mine who has been in EP, firearms training, and competitive shooting, described a situation where he was asked to hand over his 1911 and the officer had no idea what they were doing. This can get especially troublesome if the officer decides that they want to clear the firearm.

[RobertNashville]

For me it’s pretty simple…

Massad Ayoob (arguably one of the best trainers/firearms experts in the country) advises that if stopped and you are carrying, hand the officer you carry permit along with your driver’s license – that’s an easy and very “non-threatening†way to let the officer know you may be armed.

Beyond that, while TN does not, many states require you to inform the officer if you are carrying – I travel and I don’t want to have to remember what the state I’m currently in happens to require so informing the officer just seems like the easiest way all around.

[jimic]

I have been stopped, run my DL given a ticket for no seat belt . Never asked ,after the THP ran my DL if i was carring.

I somtime believe the permitt holder is a little over excited with his new permitt.

[sbroomheadsr]

Why, in God's name, would you hand over a loaded gun? Inform the officer that you are clearing your gun and then clear it. Safety first.

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