Notification of concealed carry.

**politicsandguns** · 08-09-12, 10:00 PM

Laws vary from state to state about if you are required to notify a LEO when you are carrying a concealed firearm.

In my home state of South Dakota I have been told that some LEOs would rather not be informed because the department they work for makes them run a check on the gun, and paperwork is involved.

I think that this sounds like wishful thinking on the part of the person that told me this, but thought that I would put the question out there.

Assuming that there is not a requirement to inform, and assuming that you were to have to run a check on every firearm you ran across, would you rather be informed by a concealed permit holder and have to to the check and paperwork, or you rather not have the extra work?

I am guessing more than 9 out of 10 would want to be informed, but God knows I have been wrong before.

Paul

Paddle faster, I hear banjos!

**Five-0** · 08-10-12, 01:58 AM

I prefer to know. To run a gun you must seize it. That is a problem for me and my state law. Your mere possession is not cause for me to run it.

**Xiphos** · 08-10-12, 03:08 AM

State law requires notification of LE during any contact if you're carrying concealed. You also have to allow us to secure the gun during contact.

**creolecop** · 08-10-12, 03:32 AM

Louisiana says you must notify an officer during LE contact, you also by acceptance of permit agree to a frisk and allowing the officer to disarm you for the duration of his business with you. Also you are in violation if you are intoxicated over a .05 (while armed)

**politicsandguns** · 08-10-12, 04:46 AM

Originally Posted by creolecop

Also you are in violation if you are intoxicated over a .05 (while armed)

You are also a (I would just love to put a really strong curse word here) idiot if you are in possession of a firearm and are drinking. (Personal opinion)

**121Traffic** · 08-10-12, 05:18 AM

Originally Posted by Five-0

I prefer to know. To run a gun you must seize it. That is a problem for me and my state law. Your mere possession is not cause for me to run it.

By seize it, do you mean possess it during the course of the other-than-consensual contact? I would argue that if you possess it, and I disarm you for some reason (again, NON-consensual encounter...if this is a PR contact, I'm most likely not going to ask you to give it up), I can read the serial number in plain view. I do not have any requirement of RS or PC to run something through CCIC/NCIC. Would I? Not necessarily, but I could if I were so inclined, as long as I either do it AFTER the contact, or waiting on the clearance does not unnecessarily prolong the contact beyond the scope of time needed to address the original nature of the contact.

**rob84** · 08-10-12, 08:47 AM

I was told that (at least in Virginia) my concealed carry permit will show up when my info is ran during a traffic stop, is this true?
Regardless if it is true, I would still inform the officer of my weapon.

**Jks9199** · 08-10-12, 09:12 AM

Originally Posted by rob84

I was told that (at least in Virginia) my concealed carry permit will show up when my info is ran during a traffic stop, is this true?
Regardless if it is true, I would still inform the officer of my weapon.

It can. However, simply possessing a permit doesn't mean you're carrying at the moment...

I prefer and recommend that you advise the cop you're carrying. I do myself. Just say something like "I have a concealed weapons permit and am carrying... My gun is..." That way, if I see the gun inadvertently, it's not a surprise, and I know why you have it. (I'd recommend the same thing if you have a gun in the passenger compartment of your car, unless it's in plain view like a hunting rifle or shotgun in a rack in the rear window.) I might take control of the gun while I verify the permit or during the encounter; it's a judgement thing. More likely though is that I'll simply say "thanks, show me the permit, and don't pull the gun out."

Whiich segues to running the gun's serial number. Personally -- wouldn't do it unless there's a particularized concern. I can justify controlling the gun while I verify your permit as a safety issue... but just routinely running every gun I come across? Probably not. I'm definitely not doing a full firearm's trace unless I actually seize it for some reason.

**rob84** · 08-10-12, 10:03 AM

Thank you for the clarification, sir!

**berserk** · 08-10-12, 02:18 PM

Originally Posted by politicsandguns

Assuming that there is not a requirement to inform, and assuming that you were to have to run a check on every firearm you ran across, would you rather be informed by a concealed permit holder and have to to the check and paperwork, or you rather not have the extra work?

If you're carrying a gun and we're talking, then I appreciate being told. In most cases, I'm probably not going to take the gun away from you (let alone run a clearance on it), even if department policy hypothetically said I should. I don't mind doing the paperwork, but if seizing your firearm isn't reasonable under the Fourth Amendment then I'm not going to do it. Your rights trump my SOP.

If you choose not to tell me about it, then I wouldn't begrudge you that if I somehow found out later.

If the facts of our contact do justify taking the gun away, then I'm probably going to search you anyway. In that case, you'll definitely want to say something before I find it. Taking away a gun that I know about is relatively calm and painless. Taking away a gun that I didn't know about begins with a dynamic takedown.

Originally Posted by rob84

I was told that (at least in Virginia) my concealed carry permit will show up when my info is ran during a traffic stop, is this true?
Regardless if it is true, I would still inform the officer of my weapon.

Varies by state. Colorado used to have a database that would tell me about CCW permits, but the database was abolished. Now I only know if you tell me, or if I call the sheriff's department that issued your permit.

**jmur5074** · 08-10-12, 02:21 PM

I'd recommend disclosing it, regardless of the state law.

I don't like surprises, and if I accidentally see the gun I might get a little squirrely if it catches me off guard.

**ChesCopPodz** · 08-10-12, 04:38 PM

Originally Posted by rob84

I was told that (at least in Virginia) my concealed carry permit will show up when my info is ran during a traffic stop, is this true?
Regardless if it is true, I would still inform the officer of my weapon.

It sure will.

I always prefer to be told up front. Surprises do nobody any good. If you don't tell me, then reach over to grab your reg card and your shirt rides up, it gets a lot more uncomfortable than had you told me right up front.

**cajunguy** · 08-10-12, 10:50 PM

Pulled a traffic stop on I-10 several years ago.

As I was getting the driver's DL, registration, and proof of insurance (he was out of the vehicle and was wearing a suit), a gust of wind blew his jacket open. He hadn't said anything about carrying.

What I saw when his jacket blew open looked like about twenty pounds of chrome hanging on his waist.

He got to meet my Mr. Smith & Mr. Wesson model 29 up close and REAL personal. Like about a foot from his nose.

His hands shot straight up and his fingers were spread out wider than I thought fingers could be spread.

He stuttered, "I'm-I'm-I'm-I'm-I'm a Deputy U.S. Marshal!"

I asked if he could prove that. He said his ID was in his inside coat pocket. Told him to retrieve it - - VERY CAREFULLY.

He was who he said he was.

Reholstered, and apologized for drawing down on him, and "somewhat" chastized him for not informing me up front.

His wife and young daughter were in the vehicle with him. Coulda turned out to be a real bad situation.

So, bottom line - - yeah, inform the officer that you're carrying. Might just save your day.

.

**lewisipso** · 08-11-12, 02:31 AM

I very much appreciate being told. If I am not told the rule is as follows. Do not touch yours I won't touch mine and I am very fast on the draw.

**abom334** · 08-12-12, 01:47 AM

Originally Posted by lewisipso

I very much appreciate being told. If I am not told the rule is as follows. Do not touch yours I won't touch mine and I am very fast on the draw.

THIS

**ChesCopPodz** · 08-12-12, 10:16 AM

Originally Posted by cajunguy

Pulled a traffic stop on I-10 several years ago.

As I was getting the driver's DL, registration, and proof of insurance (he was out of the vehicle and was wearing a suit), a gust of wind blew his jacket open. He hadn't said anything about carrying.

What I saw when his jacket blew open looked like about twenty pounds of chrome hanging on his waist.

He got to meet my Mr. Smith & Mr. Wesson model 29 up close and REAL personal. Like about a foot from his nose.

His hands shot straight up and his fingers were spread out wider than I thought fingers could be spread.

He stuttered, "I'm-I'm-I'm-I'm-I'm a Deputy U.S. Marshal!"

I asked if he could prove that. He said his ID was in his inside coat pocket. Told him to retrieve it - - VERY CAREFULLY.

He was who he said he was.

Reholstered, and apologized for drawing down on him, and "somewhat" chastized him for not informing me up front.

His wife and young daughter were in the vehicle with him. Coulda turned out to be a real bad situation.

So, bottom line - - yeah, inform the officer that you're carrying. Might just save your day.

.

The coolest part of this story is the fact that you were carrying a 44 mag.

**cajunguy** · 08-12-12, 10:34 AM

Originally Posted by ChesCopPodz

The coolest part of this story is the fact that you were carrying a 44 mag.

Back in those days, if we qualified with it, we were allowed to carry it.

Kinda sadly, those days are long gone.

Carrying a .45 now. (Love the BIG holes in those barrels. Tends to get folks' attention a little quicker.)

.

**MacLean** · 08-13-12, 10:01 AM

Washington has no notification requirement, but I'd like to know.

**politicsandguns** · 08-13-12, 10:31 AM

It seems rather universal then that it is a good idea to inform. I had thought that that was the case as I started in my original post.
So form now on in my travels when I am carrying I will inform.

Thank you all so much for your input!

Paul

**code3bg** · 08-13-12, 01:38 PM

I agree that it's always good to know. In Wyoming we just assume EVERYONE is carrying, especially since it is now legal to carry without a permit if you are a resident of Wyoming (assuming you aren't disqualified from possessing). I tell everyone that if they are carrying and the have LE contact, the first words out of your mouth should be telling the officer that you are carrying. That's how I would prefer it.

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