Traffic Stop.

[LenoirGunner]

So I was wondering what the exact stipulations were concerning a traffic stop and you obligation to let an officer know if you are armed.

 

1 being if you are a HCP holder do you have to let them know

2 with the new no permit in a vehicle law does it cover this subject?

[Oh Shoot]

So I was wondering what the exact stipulations were concerning a traffic stop and you obligation to let an officer know if you are armed.

 

1 being if you are a HCP holder do you have to let them know

2 with the new no permit in a vehicle law does it cover this subject?

 

There was never any requirement to inform even before the new law.

 

- OS

[LenoirGunner]

Oh Shoot, on 17 Aug 2014 - 7:38 PM, said:

There was never any requirement to inform even before the new law.

 

- OS

That's what I thought but today in my HCP class the video from the state said you had to. It was made in 2010

[rugerla1]

That's what I thought but today in my HCP class the video from the state said you had to. It was made in 2010

It is wrong. Most consider it considerate to let the officer know and every time I have, they thanked me for letting them know. To each their own, but I figure an officer not being surprised by seeing my weapon if I have to get out of the care is better for me and him. 

[Joe357]

Agree it is not correct. Also you no longer need a HCP to have a handgun in your car. That said IMHO, if I am stopped, I always hand the leo my DL, HCP, and insurance card. I so far been thanked and my HCP was returned immediately. Edited August 18, 2014 by joe45

[chances R]

That's what I thought but today in my HCP class the video from the state said you had to. It was made in 2010

 

The video is misleading, but not wrong.  It does instruct one to hand over the permit with your license, but it does not say you are required to do so.  I can see why you have your question though.  Some states require you to inform the officer at first contact if you possess a weapon, but not TN.  In most cases it is probably a good idea to do so, but it is your option in TN.

[tnguy]

So I was wondering what the exact stipulations were concerning a traffic stop and you obligation to let an officer know if you are armed.
 
1 being if you are a HCP holder do you have to let them know
2 with the new no permit in a vehicle law does it cover this subject?

I got stopped Friday and as he was handing my docs back, he asked if I had a HCP. I told him I did but I wasn't armed. He told me I should have informed him* as they find out anyway. My thought- "So why would I need to tell you?". I didn't say anything as we'd already had an argument about the speed limit (I was right) and there was no ticket (possibly he had radioed in and found out about the speed limit but I know he didn't have a speed read on me anyway though he could have possibly gone for a visual or found something).

*There is no requirement to but I typically do when I am armed. Edited August 18, 2014 by tnguy

[Oh Shoot]

I got stopped Friday and as he was handing my docs back, he asked if I had a HCP. I told him I did but I wasn't armed. He told me I should have informed him* as they find out anyway. ...

 

They don't find out about all the armed people who don't have permits, though, so that's rather moot at this point I think.

 

- OS

[tnguy]

This is true. I can't imagine what possible difference it would make either way. The HCP is just proof that you're entitled* to carry if you happen to be made in a situation where it would otherwise be illegal.

*Though 2A should be all that's needed of course. Edited August 18, 2014 by tnguy

[Patton]

As an officer I actually feel relieved when someone informs me of a HCP and them handing it over. I just assume there is a firearm in every vehicle and those that have a HCP are a lot less of a worry to me. I can not think of a single traffic stop where I have given a citation to someone who has voluntarily handed over a HCP.

[tnguy]

I cannot say it seems it has made much difference to me receiving tickets.

[wewoapsiak]

[quote] Sitting in a parking lot a Knoxville PD car rolls up. They ask what I'm doing. I inform them I'm a CPL holder and say I'm waiting for a friend to call. They ask me to step out of the vehicle and pat me down very gently. Officer asks what type of pistol (Ruger LCP) and if he can see it. I say yes (mistake) he retrieves it from my glove box and starts to unholster it pointing the barrel my general direction. I say I do not consent to any serial number searches. The whole demeanor of the conversation changes. Officer 2 becomes agitated asks all these questions I don't want to answer. I ask " Am I being detained or am I free to go?" Officer 2 says "Yes", officer 1 shouts "NO, you're free to go" I get in my car and drive away, they tail me all the way out of Knoxville. I filled a complaint to their CO about unsafe firearm handling. He got back to me in an hour and said he would review the tapes (doubtful) but he sounded somewhat concerned. TLDR Bored cops + knowing your right and what to say makes for a night that could have give much worse. EDIT: After sleeping on it I'm going to submit a FOIA, get the tapes (if possible) and at minimum learn from my mistakes. My lawyer friend wants a took too. [/quote] Funny enough, this was on reddit tonight. Internet lawyers in the comments are the best. http://www.reddit.com/r/guns/comments/2ds3bi/am_i_being_detained_or_am_i_free_to_go_just_saved/

[LagerHead]

As an officer I actually feel relieved when someone informs me of a HCP and them handing it over. I just assume there is a firearm in every vehicle and those that have a HCP are a lot less of a worry to me. I can not think of a single traffic stop where I have given a citation to someone who has voluntarily handed over a HCP.

 

 

I cannot say it seems it has made much difference to me receiving tickets.

 

Yea, I have both received tickets and been let off with a warning. However, it's 3-1 in favor of warnings. I've never asked if my informing made a difference, but it hasn't seemed to hurt. 

[Glock30]

Yea, I have both received tickets and been let off with a warning. However, it's 3-1 in favor of warnings. I've never asked if my informing made a difference, but it hasn't seemed to hurt. 

 

This is my experience. I've had a few instances where the deputy didn't even run my license/HCP... He just looked at it and asked me to slow down. All done in 90 seconds.

 

I always disclose the HCP and that I'm carrying. For me, I see nothing to gain from remaining silent on the matter.

Edited August 18, 2014 by Glock30

[Pcdokk]

Agree it is not correct. Also you no longer need a HCP to have a handgun in your car. That said IMHO, if I am stopped, I always hand the leo my DL, HCP, and insurance card. I so far been thanked and my HCP was returned immediately.

 

+1

[zenworm]

The last two times I've been stopped (I ride a motorcycle maybe a little too fast sometimes) I didn't hand it over and wasn't asked. It's situational though, if I felt like the cop was on edge I probably would. But these last few times the cop has been pretty cool.

[dawgdoc]

Georgia perspective:  We don't have a requirement to inform, and there is no central database.  I got stopped very soon after I started carrying; one of the first questions he asked was, "Are there any drugs or weapons in the car?"  My choices were to answer honestly or remain silent.  I informed him that I had a gun on my hip.  He had me get out the car; asked where it was (I told him the position on my hip), and he instructed me just to keep my hands in front of my body.

 

Oddly enough, the stop also involved a second driver and car.  He made a point to let the other driver know that I was carrying, but that it was ok because I was just exercising my 2nd Amendment rights, as if to reassure her (she was my co-worker, so she already knew; she later told me she feared for my safety).  At the end of the stop, he explained that he was ok with people carrying, but he advised that I ought to just tell them up front because, "some of these guys could fly of the handle" in reference to his fellow deputies.  My thought, which I kept to myself, was that if they "fly off the handle" at people carrying, how would, "Deputy, I have gun" go over?

 

Also, he never asked to see my Weapons Carry License, which was and still is the proper thing in Georgia (despite what some LEOs think).  And i did not get a ticket.

 

I work in Tennessee, and at least one of my co-workers who has a TN HCP was told in her class that she was required to hand over the permit.  It is a shame that a Georgian had to explain the law to her (mainly due to this board).

[chances R]

There is NO Requirement to inform in TN.

[Dolomite`s Breezy]

I went thru some classes with the THP..I asked what the bets course of action was if you have a HCP.One of the officers told us this..

 

Its best to inform us beforehand. If you are asked to hand over reg.and insurance papers, tell us then and put your hands on the wheel and leave them there for now.That makes us less nervous....

[Patton]

Dawgdoc, if your handgun was in plan view, open carried in your vehicle, you would not need a permit for GA.

[dawgdoc]

Dawgdoc, if your handgun was in plan view, open carried in your vehicle, you would not need a permit for GA.

 

I don't need a license for carrying the gun anywhere in my vehicle--glovebox, hip, stuck between the seats, etc:

 

 

 

O.C.G.A. § 16-11-126
Having or carrying handguns, long guns, or other weapons; license requirement; exceptions for homes, motor vehicles, private property, and other locations and conditions   (d)Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle;   

 

It doesn't specify the location.

 

However, there have been LEO that have had the occupant exit the vehicle (while the gun is on their hip), and then proceed to demand to see the weapons license since the person was now in an area that required a license to carry.  They are still wrong in that they must have a reason to think that you are carrying illegally.  That was true before July 1, but now the law explicitly states what was always true.  There have been some agencies whining about it also.

[K191145]

Agree it is not correct. Also you no longer need a HCP to have a handgun in your car. That said IMHO, if I am stopped, I always hand the leo my DL, HCP, and insurance card. I so far been thanked and my HCP was returned immediately.

 

I haven't been pulled over in over 20 years, I just thought if I did get pulled over while the LEO was walking up to my vehicle I would roll the window down and stick my head out and yell real loud, I HAVE A GUN......I HAVE A GUN..........  That should let them know you are armed.  :)

[Joe357]

I haven't been pulled over in over 20 years, I just thought if I did get pulled over while the LEO was walking up to my vehicle I would roll the window down and stick my head out and yell real loud, I HAVE A GUN......I HAVE A GUN.......... That should let them know you are armed. :)

Great idea, let us know how it works out for you when you do this :) Edited August 29, 2014 by joe45

[K191145]

Great idea, let us know how it works out for you when you do this :)

 

Well apparently LEO's don't really care about people going 2 to 3 mph over the speed limit and since i've become an old fart i'm the one cussing people who don't completly stop at stop signs and drive way over the white line so I doubt i'll get a chance to try that out. THE WHITE LINE IS FOR THE FRONT BUMPER, NOT 3 FEET PAST YOUR REAR BUMPER DAMNIT.  :mad:

[tnguy]

I had someone stop 4 ft back from the white line a couple of days ago. That caused some confusion for a couple of seconds. Edited August 30, 2014 by tnguy