Being pulled over while carrying

[ML ll THUMBHOLE]

• My wife and I were pulled over the other night, as we were coming home from my brothers house. we were driving through Avon around midnight. My wife decides she wanted something to eat. We pulled into McDonald's, and had two cruisers pulling me over.. Now, I had my .45 tucked between my seat and the center console, holstered. When the officer came to my car, he flashed around. I asked what I was being pulled over for. He took my license, handed it back and said sorry, they were looking for someone Else who's vehicle matched ours. When would have been the time to tell the officer I was carrying a gun. what is the etiquette. I would have let him know if he would have given my time to speak. What is the appropriate etiquette?

 

[jennybird]

Very good question. I'm certainly interested in hearing opinions about this as well.

 

[VUPDblue]

Ayoob teaches that if and when you are stopped by Johnny Law, you hand him/her your license AND your pink carry permit together. The officer will likely ask you if you have your handgun on you and where it is. Each officer will handle this differently, some may even ask for the firearm. I tend to agree with Ayoob's opinion on the subject, but as sure as I am typing this, you will get beaucoup responses in this thread telling you that you don't have to, and shouldn't, tell the officer you are carrying. IANAL, YMMV Yada Yada Yada...

 

[Tommy2Tone]

I dont carry yet but i have thought about this. The problem with supplying your ID with your LTCH is its most likely in your wallet and if you are right handed and OCing then that might be a problem as the officer will see the gun before you tell them. I think i will leave my hands on the wheel and inform the office i have a LTCH issued by the state of indiana and i and carrying my hand gun on my person. Then see what he says.

 

[Bigum1969]

This should be an interesting thread. There has been a variety of opinions on this forum regarding this issue.

 

[Soundslikejosh]

Welcome to the site ML.

This link is to a similar discussion: https://www.indianagunowners.com/fo...614-notify_cop_of_cc_during_traffic_stop.html

You will see that there are a variety of opinions and some will never agree with the "other" side. However, you should be aware that in Indiana you do not have a duty to inform LEO. In other states this may differ, but in IN there is no requirement.

Basically, people seem to fall under the umbrella of 2 different thoughts:

1) Tell the LEO ASAP. Some have advocated handing your permit over with your drivers license. You may or may not be disarmed. You may or may not be swept with the muzzle of your own loaded firearm. Many who have informed LEO have relayed that the officer thanked them for being upfront. Some were even thanked for being upfront after the officer disarmed and swept them with their own gun.

2). It's not their business. If you are not asked to exit the vehicle, don't mention it. You don't have to tell them, and things are simpler if you do not tell them. Your LTCH states that you can carry a gun that is "legally possessed" and there are reports (citation not given) of agencies or individuals that construe this to mean that if you cannot provide proof of ownership, you are not in lawful possession and as such, they can confiscate your firearm. This is not SOP and is rare, but it's an illustration of the fact that you are sometimes better to shut your mouth and not offer up unnecessary info.

There are probably other threads beside the one I linked above. You will find the stories behind some guys who used to inform, had a bad experience, and now keep their mouth shut. Regardless of being in Camp #1 or Camp #2, most agree that if you exit your vehicle it is wise to inform the officer. However, this is not "typical" for most traffic stops.

 

[colt45er]

I think it all depends on the situtation.....is the gun visible? Is it only hidden by your arm?

If it is concealed, I would had the LTCH with my DL and if they ask, tell them what you are carrying and where.

If it is possible that my movement for my wallet would reveal the gun, absolutly tell the officer before moving at all.

I am sure that many here will say that you do not have to tell them anything, which here in Indiana I beleive to be true. The probelm I have with this is that being a cop is a dangerous job. LEO should have their spidey senses going when they walk up to your door, if they someone discover you have a gun and you did not tell them, legal or not, you may find your self looking up the barrel of a department issue Glock.

 

[Goodcat]

Goodcat as well is

 

[shooter521]

2). You don't have to tell them, and things are simpler if you do not tell them.

This is usually the SOP I follow, UNLESS:

1) the officer asks if I have any weapons
2) the officer asks/tells me to exit the vehicle
3) retrieving my license and registration may cause the officer to discover that I am armed (i.e. gun is in the glovebox where the registration is, or leaning over to access the glovebox will expose my concealed firearm)

 

[jsgolfman]

I am an advocate of not providing information that you aren't required to, such as whether you are armed, have a valid LTCH, etc. HOWEVER, I sometimes keep my firearm in the holster on my hip depending on where I am going, how long I will be in the vehicle, etc. I think it would be prudent to, when the officer asks for your drivers license, to inform him you are armed and have a valid LTCH as opposed to reaching for said wallet which is in very close proximity to my handgun. The last thing I want at that point is for my actions to be mis-construed.

 

[Rookie]

I was always of the mindset that I would tell an officer immediately. Ever since the fake DEA got busted in my home town, I have changed my mind. If I would have volunteered information to this person pretending to be law enforcement, best case scenario is that I would have gotten my gun "confiscated". I have since decided that I will not volunteer information unless I am reasonably sure the police officer will discover it on his own. Better yet, I will do my best to not get pulled over.

 

[Plague421]

I have only been pulled over 3 times in my life, but I always had my drivers license ready before the LEO came to my window.

 

[ML ll THUMBHOLE]

I like what I hear so far, but I have a follow up question. Is is ok for me to drop my clip and clear the chamber before handing the gun over??

 

[Jay]

Is is ok for me to drop my clip and clear the chamber before handing the gun over??

The LEO will tell you what to do, and when to handle your firearm.

Indiana law doesn't require you to wear a coat in the winter, but a little comon sense goes a long way. I've always advocated that it's best if you tell the officer that you're carrying, as opposed to them "finding" it. If they see a gun they're not expecting, things get tense real quick. I'm too old for that crap.

 

[Rookie]

I wouldn't do that unless you get permission from the officer. The last thing you want is to make a police officer nervous, as (most of the time) the law will sympathize with him and his actions.

 

[ATM]

I like what I hear so far, but I have a follow up question. Is is ok for me to drop my clip and clear the chamber before handing the gun over??

I wouldn't unless you ask and are instructed to do so. If I were going to ask anything, it would be, "may I leave it in the holster?"

 

[HICKMAN]

I only answer direct questions asked and only provide documents they ask for.

I do not EVER volunteer anything.

If he sees your gun on your hip, he'll ask if you have a license to carry.

LEO's know we are a carry state.

 

[indyjoe]

I dont carry yet but i have thought about this. The problem with supplying your ID with your LTCH is its most likely in your wallet and if you are right handed and OCing then that might be a problem as the officer will see the gun before you tell them. I think i will leave my hands on the wheel and inform the office i have a LTCH issued by the state of indiana and i and carrying my hand gun on my person. Then see what he says.

The first thing I did when I started carrying is switch my wallet to my weak hand side. This accomplishes multiple things:

1 - Eliminates flashing when getting a wallet to purchase things, if carrying with a simple loose jacket concealment.

2 - Increases the options to disguise your draw if you have to give up your wallet as a distraction for a draw in a situation where you don't think just giving up the wallet will diffuse the situation. Also reduces the chance of having your firearm taken, because of flashing during the act of giving up the wallet.

3 - Allows strong-side rear pocket carry of primary (in lightly armed scenario) or backup pistol.

Because if the non-likelihood of flashing my piece to an officer, I would fall in the most likely not to tell unless needed camp. As I think my chances of getting shot by my own weapon go up if the officer chooses to disarm me, rather than the 0% chance I would have with the gun safely in its holster.

 

[Bill of Rights]

I'd probably have my wallet in my lap and hands on the wheel when the officer arrived at my window. If I'm asked to get out, I'll inform. If s/he is reaching across to disarm me, I'll ask to do that myself. "For your safety and mine, officer."

Polite, courteous, even friendly-these are things I'll be. What I will argue against (again, politely) is being swept by my own pistol.

Much better to avoid the circumstance entirely and not have any professional interactions with the folks in blue.

Blessings,
Bill

 

[JByer323]

The one time I was pulled over with a firearm in the car, it was in the glovebox, along with my registration. I handed him my license and a pink paper, told him that there was a gun in the glovebox, and asked him how he wanted me to proceed.

He told me that was fine, just please hand me your registration. He came back, told me he was just giving me a verbal warning (honestly, I deserved a ticket, I was hotrodding down 446), and then asked me what make of 1911 I had. We chatted guns for a couple of minutes, and both went on our way, after I told him thank you, stay safe, and have a nice day.

He was a slightly older gentleman, and a state trooper, if anyone is interested.