weapon in car

[Ella1]

Car died on interstate.
Driver has a (legal) concealed carry license, was not carrying at the time.
Driver called 911 for help, and asked them to call a tow truck.
Police Officer showed up shortly to assist, and due to circumstances,
invited driver into his truck to wait for the tow truck. Driver accepted gladly.
If there had been a weapon, the Driver would not have wanted to leave it in the car.
The driver would have been dropped off first, then the car. So the weapon would
have had to be removed prior to car being put onto the tt.

The tow truck drove past 15 min or so later, and the cop called to get him back.
It was another 10-15 min before he returned.
Drivers car was put onto the tow truck, cop helped driver get into the tt's cab,
and cop left, tt left to deliver driver to shop.

IF the driver had a weapon either in the car, or concealed on his person, should
he have informed either the cop or the tt driver, and if so, at what point?
Should he have informed the 911 operator?

 

[minimotos95]

Depends on the state, some states you have a duty to inform other's, like Colorado you don't. I don't volunteer such information unless asked, in which case I tell them everything on or near me that could be used as a weapon. Some LEOs are far too jumpy around any type of "weapon" even if it's a gerber/leatherman multitool while some will make small talk about guns/knives/flashlights while they wait for dispatch to get back to them.

Informing LEOs without being asked generally leads to them being more skittish until they know the exact location of the weapon, Many cops assume everyone is armed regardless. If it's not in a locked compartment in the vehicle or on the car driver's hip the tow truck operator should probably be informed to insure they can legally be in control of a firearm.

I've had cops ask me where my full size pistol is when it's in plan view on my hip at 3:00, chances of them noticing a concealed weapon without searching or patting down are slim. And in a states with no duty to inform and a permit to conceal you aren't going to get in trouble for not telling them if they find out.

 

[Van-Tramp]

Yep, so far only state I know of that you MUST tell the police is Alaska. Each state can have different laws, so you should read up on those laws beforehand. See http://www.usacarry.com/forums/conc...0239-states-requiring-duty-inform-police.html

Personally, unless I am *required* I do not tell them. 1) It is NON of their business and I do not need their permission, and 2) it makes them real jumpy for no good reason, and 3) it has no bearing on a traffic stop in the slightest so it is info they do not need to do their job.

Now, in your scenario, that officer may be a nice enough guy to offer you a ride home or to the garage. In that scenario, if I accepted, I would certainly let him know so HE is the one that can choose if he wants me in his car. I may even allow him to hold onto my holstered pistol during tranpsort (since I have an armed guard and all)

 

[Optimistic Paranoid]

You can check each state's laws on such things at http://www.handgunlaw.us/

TX, as one example, requires you to inform any LEO if you are asked for identification, so you would hand over your CCW along with your Drivers License.  Interestingly enough, it APPEARS that you don't need to mention it if he's just talking to you and doesn't ask for ID.

Regards
John

 

[Canine]

I generally like to inform law enforcement that I'm carrying. If you are worried about them being testy if you tell them, just wait until they are surprised that you were actually carrying. They've seen too many of their coworkers die from being shot with a previously concealed weapon. Most cops are good and won't bust your chops. In the scenario you've described, I probably wouldn't say anything. However, I see little if anything to lose and a lot of good will to gain by informing the officer you are carrying. In fact, one cop told me having a CCW and informing LEO that you are carrying is kind of a get-out-of-jail-free card. In all the times I've been pulled over, been investigated, or in confrontations, it has never been a problem. They have all appreciated it. Only one time did the LEO ask to hold my gun, and I let him because I was being detained in a criminal investigation. Not one LEO was ever rude or weird about it.

However, there are a few bad cops. If the circumstances were fishy or somehow bad, I wouldn't say a damn thing, and would be ready to shoot if legally justified. Cops rape and kill, too. While extremely rare, it happens, and I want to be ready for that.

 

[Van-Tramp]

I've had cops tell me that they do not like being informed as all it does it ramp up the tension for no good reason. They already approach a car assuming they may have to defend themselves so why advertise that you have a deadly weapon (unless required too)? Obviously it is your choice, but I would say offering ANY additional information that you are not required too is ONLY going to cause more [possible] grief, not less. You never know the County or City laws in effect and you may be admitting to a felony (see the recent cases in New Jersey). Heck, in Oregon each and every City/County can make up their own laws (regarding the bullets/magazine, not the gun itself), so the patchwork is completely a mess. You simply can not know if you are admitting to a crime while trying to be a "nice guy" who hasn't even been asked for that info.

Consider this; You are walking down the street and start talking to a random person. Do you inform him that you are carrying? Of course not, so why inform the civilian LEO (he is only a civilian too)? Sorry, LEO's have no additional right to that information than any other person on the street. If they don't like the risks of their job, then they should find another one.

BTW, if you CONCEAL then even if the LEO is looking he will not see it anyway, so still no tension increase. (I understand that is not always an option though as some states do not allow conceal carry in auto)

With that said, you should do what you think is best FOR YOU. And if you choose to inform, just keep your hands in clear view at all times after that

 

[Optimistic Paranoid]

Van Tramp is exactly right.  I was stopped one morning on my way to work by a state trooper.  As I was taking my driver's license out of my wallet, he saw my CCW and he freaked.  Not only asked me if I was carrying a gun, he asked me several times.  I've since learned to keep my CCW buried in my wallet, and not near the top. 

I would only tell the cop in states where it is legally required.

As of right now, per the HandgunLaw site, only AK, AR, LA, MI, NC, NE, OH, OK, SC, & TX.

Interestingly enough, NE requires you to not only inform LEOs, but also EMS as well.

Regards
John

 

[Canine]

I may be wrong, Lord knows it wouldn't be the first time, but when you are initially pulled over and the cop runs your plates along with the identity of the driver it also tells them if you have a CCP.

I got pulled over by a MCS cop (Motor Carrier Safety police. They enforce DOT -Department of Transportation- laws for commercial vehicles.) and we visited a bit about having a CCW. He said he can access [at least] two databases. One is a more basic one that doesn't include the information that a person has a CCW. The other one is more comprehensive and will say if you have a CCW permit. He said he does the more comprehensive if he feels there is a safety concern. He may have given me more reasons why he would access the more comprehensive database, but I can't remember. I have a hard time trying remember more than 5 minutes ago. Especially if I'm lying horizontally for those 5 minutes. Gettin' old.

I couldn't tell you if other police departments operate in the same way. Perhaps the State or Federal police always do the comprehensive check?

 

[Optimistic Paranoid]

Don't assume any particular level of government efficiency.

Until quite recently, CCW was a lifetime permit in NY.  I got mine when I was 22, back in 1972, and I've NEVER had to renew it.

They recently changed the law to require renewals every 5 years.  They frankly admitted that they had no idea from the existing records who still had pistols and who didn't, and even who was still alive and who had died.

Regards
John

 

[compassrose]

Car died on interstate.
Driver has a (legal) concealed carry license, was not carrying at the time... Police Officer showed up shortly to assist... invited driver into his truck to wait for the tow truck. Driver accepted gladly. 

I would not have waited with the cop for any reason. I spent my summers growing up in SW NC. During the early 1970's there was a rapist/murderer who was pretending to be a cop in an unmarked car that would pull women over. He had the flashers hidden in his grill work just like an unmarked cop car. Just like the unmarked state cop car that normally patrolled that area. I prefer to be more cautious.

 

[Jana]

In Texas, showing the CCP sometimes gets you out of a ticket. Since everybody with one has gone through a background check and a gun safety course, we're the good guys. I don't have a gun in my car unless I'm going to the range, and then it's in a range bag in the back seat, but I always keep my card handy in Texas.

 

[Ella1]

Compassrose, you make an excellent point, and one definitely to keep at the forefront of the thoughts when driving, even down the street. The driver had just--not 4 minutes before, contacted 911 who sent a cop before hanging up. A lot CAN happen in much less than that.
the Cop arrived in a marked car, flashers on top, and in full uniform.
Still and all, a GOOD point to keep in mind.
thank you for the reminder.