Notify cop of CC during traffic stop?

[SirRealism]

I took an NRA class recently during which our instructor said we have no legal requirement to inform a police officer (during a routine traffic stop) that we have a gun in the car. I'm curious to get people's opinion (as well as the actual law) on this issue.

Assume for the sake of argument that the gun is not in the glove box on top of your registration. That'd be a pretty obvious case for informing the officer.

[edit]
OK, I swear I searched an hour on this topic before I posted, and then, of course, I find the discussion right after I post the question. Doh!
[/edit]

 

[esrice]

In Indiana you are NOT required to inform the officer.

However, there are some instances when doing this would be the prudent thing to do. Everyone (and I mean EVERYONE) has a different opinion on this one. Here is mine:

If I were stopped for a traffic violation, I would NOT inform. However, if the situation got to the point to where the officer asked me to step out of the vehicle, I would then inform him, for his safety.

If it is a simple "take your ticket and go", there is no need to complicate the matter by informing him that you have a firearm. He will most likely disarm you, and this increases the chance for an accident.

I had a chance to ask a Sheriff of an Indiana County, one of his Deputies, and an LAPD Officer this same question, and they agreed that they did NOT feel the need to know, unless I was asked to step out of the car. Then they would want me to inform them, so they didn't find it in a pat-down search.

BTW, Welcome to INGO!

 

[38special]

I tend to agree with that logic. I'd just keep my mouth shut unless I have to exit the vehicle.

 

[huawilso]

esrice has given a very logical answer to this question. I would agree with him. I have in the past advised a law enforcement officer that I was carrting a firearms and it did delay the traffic stop. As long as it is concealed and you never exit the vehicle you should be ok.

 

[NateIU10]

In Indiana you are NOT required to inform the officer.

However, there are some instances when doing this would be the prudent thing to do. Everyone (and I mean EVERYONE) has a different opinion on this one. Here is mine:

If I were stopped for a traffic violation, I would NOT inform. However, if the situation got to the point to where the officer asked me to step out of the vehicle, I would then inform him, for his safety.

If it is a simple "take your ticket and go", there is no need to complicate the matter by informing him that you have a firearm. He will most likely disarm you, and this increases the chance for an accident.

I had a chance to ask a Sheriff of an Indiana County, one of his Deputies, and an LAPD Officer this same question, and they agreed that they did NOT feel the need to know, unless I was asked to step out of the car. Then they would want me to inform them, so they didn't find it in a pat-down search.

BTW, Welcome to INGO!

Yup, that bout sums it up for me too

 

[Wabatuckian]

I usually hand my driver's license and handgun license to the cop. I've found that it's appreciated in all instances I've been in, and quite often leads to general BSing about guns for a bit.

As I've gotten older, they've stopped feeling the need to take my pistol, and just tell me to keep it holstered.

All times I've handed my permit to the officer, I've not gotten ticketed, just warned.

I live in a pro-gun county though, small city as the county seat, and I suppose my actions may be different in Indianapolis or another large(ish) city.

Josh <><

 

[Fletch]

Be aware, for those who've gotten the Florida license for carry elsewhere, that a lot of states have a requirement to inform. Oklahoma does, and I'm fairly certain Ohio does.

 

[jeremy]

Fletch,
Ohio also does have a right to inform.

Me, personally even when I OC I don't tell.

 

[kludge]

If I were stopped for a traffic violation, I would NOT inform. However, if the situation got to the point to where the officer asked me to step out of the vehicle, I would then inform him, for his safety.

I give up. Why is he safer with you in the car than out of the car?

 

[esrice]

kludge its not really a matter of his "actual" safety, but more his "perceived" safety.

Let's assume that he is 100% safe, as I am NOT going to shoot or assault him.

While I am seated in my car and my pistol is on my side, he cannot see it, and therefore he does not perceive danger. However, if he were to ask me to step out of the vehicle, there is a chance that my weapon could become exposed, at which point his "danger" response goes thru the roof. Or worse, I say nothing and he pats me down, to find a weapon on my side. Not only is he not going to be happy, but he will now feel like I am hiding something from him, when that is not the case.

 

[haldir]

A resident of Ohio that I know was stopped by a LEO over there. He was not carrying but does have a license to do so. He did not mention it to the officer when he was stopped. He was shoved over the hood and handcuffed. The officer told him that he had the duty to inform him that he was a permit holder whether he was carrying or not. The guy was actually taken in and questioned on the subject before being let go with a verbal warning on the subject. He complained to the officer's superior. The supervisor told him that he should have notified, when he persisted they admitted it probably was not what was required by the law but was still recommended. So tread lightly over there with those boys.

 

[Rookie]

Can you say lawsuit?

 

[KokomoDave]

haldir-how did the cop find out if he wasn't armed? Is there more to the story we aren't hearing? In a routine traffic stop: A)you are cited B)warned or C)let go. How did it go from that to shoved over the hood?

 

[NateIU10]

Does Ohio link it to their DL database?

 

[Metro 40]

.

 

[curraheeguns]

Does Ohio link it to their DL database?

First off, I agree that ESRICE hit the nail on the head. Good answer.

Secondly the question above is a good point. Don't know about Ohio, but Indiana does not link the information to BVM inquires and the State Police system doesnt work about 90% of the time. Meaning, for the most part we are normally told that we have to tx state police during normal business hours to confirm a handgun permit validity.

That doesn't help at 3am in the swamp or haughville does it?

Just my 2 cents.

 

[haldir]

I was told that the trooper new about his having the permit when he ran his ID. So apparently it is in their routine database run.

 

[Pami]

This has been discussed in great detail numerous times:


Just to point out a few...

https://www.indianagunowners.com/fo...lk_to_the_police_-_professor_james_duane.html (great video in that one)

https://www.indianagunowners.com/fo...0-mandatory_notification_at_traffic_stop.html

https://www.indianagunowners.com/fo...u_over_and_you_have_a_gun_in_the_vehicle.html

https://www.indianagunowners.com/fo...self_defense/5744-to_tell_or_not_to_tell.html




About relinquishing your firearm once the officer discovers it (whether by chance or because you told him so):

https://www.indianagunowners.com/fo...iving_your_gun_to_police_for_your_safety.html

Does relinquishing your firearms give the officer implied consent to search your vehicle?

https://www.indianagunowners.com/fo...fense/11930-traffic_stop_implied_consent.html

 

[kludge]

kludge its not really a matter of his "actual" safety, but more his "perceived" safety.

I know, but when we talk about this issue, either amongst ourselves, or to the press, or with our legislators we need to be careful about the words we use and the ones they slip by on us.

If you have had a complete criminal background check, the chances that the officer is in any danger during a routine traffic stop are essentially non-existant.

If the officer has cause to beleive that something "is going down" he is going to be on high alert and likely backup is already on the way, and he's going to ask if you have any weapons.

 

[esrice]

If the officer has cause to beleive that something "is going down" he is going to be on high alert and likely backup is already on the way, and he's going to ask if you have any weapons.

And my reply would be "yes officer, I have a handgun on my right hip."

No duty to inform DOES NOT mean you can lie when asked a direct question. (just putting that out there-- I'm not saying you were implying that)