The Rohrbaugh Forum
Miscellaneous => The Water Cooler -- General Discussions => Topic started by: cargaritaville on June 02, 2015, 09:34:30 AM
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Interesting...
http://americangg.net/a-cop-pulls-you-over-and-youre-armed-what-are-you-supposed-to-do/
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This is a good one. Thanks for posting it Norm.
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Very interesting.
I have heard it both ways. Most that I have talked to suggest leaving well enough alone and not producing the permit unless you are ask to get out of the car which is not a routine stop.
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I would not recommend not telling the officer that you have a concealed carry permit. It is easy enough for them to do a quick check on their onboard computer to see if you have one. I was stopped by a Texas State Trooper for speeding between Houston and Dallas several years ago. I gave him both licenses when asked for my driver's license. He asked if I had my weapon with me. I answered yes and he asked me to tell him the location without pointing at it. I answered his question and he very politely gave me a written warning that was expunged after a period of time. They can easily become upset and suspicious if you try to conceal your concealed carry license. The Texas CHL course emphasizes showing the officer both licenses at once, whether you have the pistol with you or not.
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I do not know what the answer is tracker, but my CCW Instructor and two friends who are LEO's said that no harm is done by not telling the Officer. In their opinion, some Officers might get carried away on something that is legal and none of their business.
If the stop goes beyond a routine traffic stop, buy all means it is then the Officer's business to know.
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I am just relaying my positive experience with full disclosure. Of course, Texas State Troopers are toward the top of the food chain in law enforcement personnel here.
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And most LEO's that I have known are very good at what they do and I respect them and their authority very much.
But on the other hand, when I am legal I see no advantage to me in giving them more information than they are asking for. JMO
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That is what makes a forum; I see no disadvantage in showing it to them. There are exceptions: for example, if I were pulled over by a drunk deputy sheriff in Notrees, TX, I probably wouldn't volunteer anything except my driver's license and registration.
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My brother-in-law is a Deputy Sheriff in Notrees, Tx!
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There you go!
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In Michigan one is required to disclose.
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In Louisiana, which is a open carry state, as soon as your DL is run a CCW note appears on the screen. On your person required to disclose when detained for any reason, driving, walking, sleeping. In your vehicle, and not on your person consider the same as in your home.
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Here is the Texas Law on this subject:
http://codes.lp.findlaw.com/txstatutes/GV/4/B/411/H/411.205
There is a requirement to show the CHL if there is a gun on or about one's person. By inference of omission I conclude that if one is stopped for a traffic violation and no handgun is present there is no requirement to show the CHL.
The Texas legislature just passed open carry, including college campuses, and is waiting for Governor Abbott's signature. There is a lot of concern about the campus issue and will require some clarification.
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In Florida you are not required to disclose. I have been stopped while carrying. My strategy is to not say anything unless asked to step out of the vehicle...at which time you have more trouble than just a ticket anyway.
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I agree Duane.
Since I have watched the video I have been pondering it over and I can not come up with a single scenario where it would benefit either myself or the Officer to let him know I am carrying a legal firearm unless he asks.
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Opinions and feelings aside, it may be wise to comply with your state law on this subject; there appear to be quite a few variances from state to state.
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Tennessee law on the subject is as follows:
T.C.A. 39-17-1351(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.
T.C.A. 39-17-1351(t)
Any law enforcement officer of this state or of any county or
municipality may, within the realm of the officer’s lawful jurisdiction
and when the officer is acting in the lawful discharge of the officer’s
official duties, disarm a permit holder at any time when the officer
reasonably believes it is necessary for the protection of the permit
holder, officer or other individual or individuals. The officer shall
return the handgun to the permit holder before discharging the permit
holder from the scene when the officer has determined that the permit
holder is not a threat to the officer, to the permit holder, or other
individual or individuals provided that the permit holder has not
violated any provision of this section and provided the permit holder
has not committed any other violation that results in the arrest of the
permit holder.
However, regardless of the lack of any requirement to disclose your permit initially, in Tennessee it's pretty much a moot question since your Driver License and Handgun Carry Permit bear the same number and are linked in the computer system of the Department of Public Safety. As soon as an officer runs your DL through the laptop computer in his cruiser he will see your HCP. I've therefore always handed both my DL and HCP to the LEOs when caught up in road blocks or traffic stops, advising the officers where the handgun(s) is (are) located and asking how they want to proceed. With that practice, I've never had any problems.
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I got pulled over for speeding in Michigan and I handed the
MI State Policteman both my license and CPL. He asked me if there was a gun in the car and I said "Yes". He asked me where it was and I told him it was in the center console. He told me to "Just leave it there."
Another time I was on my way to work at 0445 and I forgot to tell the officer about my CPL. When he returned to my car, I told him I had forgotten to mention my CPL. He said "It doesn't matter, it expired two months ago". Oops. He asked me if I was carrying and luckily I wasn't.
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Now, there is a good thought; if your license to carry has expired by all means don't volunteer disclosure.
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In Illinois the police officer definitely appreciates knowing you're carrying.
I got pulled over and the first thing I showed the officer was my CCL. He asked me where the gun was, I told him and he said "OK, don't reach for your gun, do me a favor and keep your hands on the steering wheel."
Then he gave me a ticket for expired plates :(
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Another good thought: If you have a CC permit, keep to the speed limit, make sure your plates and insurance, etc. are current, make sure your lights all work, and try not to have gunpowder and alcohol fumes in the vehicle at the same time.
Sadly, I have trouble with the first one, and have fairly often had a glass of wine with dinner at a restaurant while carrying a weapon in the vehicle on the way home. Nobody's perfect, right?
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All good thoughts and great reminders.
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In MI one MUST notify first thing.
Handing it is not enough (officially)
If no gun best to notify CPL / no gun
They may already know of CPL or may soon know.
They may wonder. It may re-assure them (CPL = good guy / clean record )
I was once chastised for not having one!
I got pulled over for speeding in Michigan and I handed the
MI State Policteman both my license and CPL. He asked me if there was a gun in the car and I said "Yes". He asked me where it was and I told him it was in the center console. He told me to "Just leave it there."
Another time I was on my way to work at 0445 and I forgot to tell the officer about my CPL. When he returned to my car, I told him I had forgotten to mention my CPL. He said "It doesn't matter, it expired two months ago". Oops. He asked me if I was carrying and luckily I wasn't.