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Getting pulled over while carrying


cbbanks03

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This has been discussed endlessly here and the consensus seems to be that you hand over your DL and permit and inform the LEO that you're carrying. Those of us who have had such interactions have said they were positive. Overwhelmingly the LEOs have been supportive of CC.
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Interior lights on.

Radio off.

All windows down.

Both hands visible on the steering wheel.

Greet officer in a friendly way.

Present DL, CCL in a polite manner before he/she asks.

 

You have a few moments to prepare all of this before the officer gets to your door.

all good but the last, for me anyway. Worst thing is seeing someone bumping up and down for a wallet. Tell the officer you have a CCL (the LEO may already know anyways if the plate is registered to you) how would you like me to proceed?

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Interior lights on.

Radio off.

All windows down.

Both hands visible on the steering wheel.

Greet officer in a friendly way.

Present DL, CCL in a polite manner before he/she asks.

 

You have a few moments to prepare all of this before the officer gets to your door.

 

all good but the last, for me anyway. Worst thing is seeing someone bumping up and down for a wallet. Tell the officer you have a CCL (the LEO may already know anyways if the plate is registered to you) how would you like me to proceed?
I agree not a good thing to have extra movements in the car just draws attention that you might be hiding something. You have plenty of time After the officer asks you for your license registration and proof of insurance and he can see where your hands are. Tell him you have a CCL and you are carrying and where it is located.
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This has been discussed endlessly here and the consensus seems to be that you hand over your DL and permit and inform the LEO that you're carrying. Those of us who have had such interactions have said they were positive. Overwhelmingly the LEOs have been supportive of CC.

 

I agree this is the general consensus as to "best practice". Some people prefer not to inform the officer unless directly asked. While that is their right (and is perfectly legal in Illinois and most but not all other states), informing the officer proactively is more likely to result in a more pleasant interaction.

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I have not been pulled over yet. There is no duty to inform in Illinois unless asked. However, your CCL is linked to your driver's license and the LEO does have the ability to access that information. So, I think it's best to inform as a courtesy to the officer. I think he will appreciate that.

The procedure I've decided on is more or less the same as any traffic stop...hands on the wheel, window open, radio off...but...the first words out of my mouth are "I have a concealed carry license. I am carrying today. The weapon is on my right hip at the 4 O'clock position. How would you like me to proceed?" I expect the officer to ask me to produce my license and keep my hands clear of the place where the weapon is and go about his business. However, keep in mind that a LEO has the right in Illinois to secure the weapon until the contact has ended. I personally wouldn't expect this to happen during a traffic stop. It seems more dangerous than it's worth.

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This has been discussed endlessly here and the consensus seems to be that you hand over your DL and permit and inform the LEO that you're carrying. Those of us who have had such interactions have said they were positive. Overwhelmingly the LEOs have been supportive of CC.

 

I agree this is the general consensus as to "best practice". Some people prefer not to inform the officer unless directly asked. While that is their right (and is perfectly legal in Illinois and most but not all other states), informing the officer proactively is more likely to result in a more pleasant interaction.

 

 

 

Apparently not Tom Shart and his staff.

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I see no reason to do anything different that I now have a CCL. The few times that I have been stopped over the years, it has been several seconds before the officer exits the vehicle. That is the time to get out my wallet, set it on the dash, turn on dome light, hands on wheel, etc. Everything is set by the time the officer approaches my open window. These are all motions that drivers have been doing for decades. Officers are used to this.

Many people have their wallet in the right rear pocket and sidearm on the right hip. Reaching in the general direction of the firearm to get a wallet, while the officer is standing there, presents an awkward scenario. The same holds true while reaching into a purse or attaché case that contains both wallet and gun while the LEO is standing there.

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Haven't been pulled over while carrying but I was involved in a car accident while carrying. As soon as an officer approached me, I informed him that I was carrying while displaying my DL and CCL. He thanked me. However, I was placed in an awkward situation: The passenger in my vehicle was injured (non-CCL holder) and had to go to the hospital for evaluation/treatment via ambulance. The officer said I wasn't allowed to ride the ambulance because I was carrying and hospitals are gun free zones anyways. I had to have someone with a FOID come pick up my CCW.

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Be aware that not only does duty to inform vary between states, but so does the method. There is a fairly well known case that floats around the pro-gun internet of a traffic stop in Michigan. The driver presented his DL and CCL to the police and then something like 30 seconds go by before the cop asks about his gun. The driver was then arrested for not immediately disclosing because of those 30 seconds. Handing the officer the CCL didn't count.

 

I don't know if there was an appeal on that case or how it turned out. Suffice it to say, be very careful when out of state.

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I have not been pulled over yet. There is no duty to inform in Illinois unless asked. However, your CCL is linked to your driver's license and the LEO does have the ability to access that information. So, I think it's best to inform as a courtesy to the officer. I think he will appreciate that.

 

The procedure I've decided on is more or less the same as any traffic stop...hands on the wheel, window open, radio off...but...the first words out of my mouth are "I have a concealed carry license. I am carrying today. The weapon is on my right hip at the 4 O'clock position. How would you like me to proceed?" I expect the officer to ask me to produce my license and keep my hands clear of the place where the weapon is and go about his business. However, keep in mind that a LEO has the right in Illinois to secure the weapon until the contact has ended. I personally wouldn't expect this to happen during a traffic stop. It seems more dangerous than it's worth.

I posted a thread here inquiring about people who were involved in a traffic stop where the officer took their handgun for the duration of the stop. Didn't get a reply from anyone in Illinois that

had this happen. I posted the same thing at another forum and seems to not be uncommon in New York state and Detroit.

 

I had interaction with a LEO after an accident a few years ago and didn't notify him I was carrying when I gave him my DL, he came back and asked to see my FCCL. Wasn't upset and didn't ask me if I

was carrying or where it was. Looked over the FCCL front and back. He may not have seen one before. Next time I'll just hand the LEO the FCCL since he'll know anyway when running the DL.

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Haven't been pulled over while carrying but I was involved in a car accident while carrying. As soon as an officer approached me, I informed him that I was carrying while displaying my DL and CCL. He thanked me. However, I was placed in an awkward situation: The passenger in my vehicle was injured (non-CCL holder) and had to go to the hospital for evaluation/treatment via ambulance. The officer said I wasn't allowed to ride the ambulance because I was carrying and hospitals are gun free zones anyways. I had to have someone with a FOID come pick up my CCW.

 

Yes that is an awkward situation! I wonder if you had a suitable container in your car if you could have unloaded the gun and transported it with you to the hospital.

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Be aware that not only does duty to inform vary between states, but so does the method. There is a fairly well known case that floats around the pro-gun internet of a traffic stop in Michigan. The driver presented his DL and CCL to the police and then something like 30 seconds go by before the cop asks about his gun. The driver was then arrested for not immediately disclosing because of those 30 seconds. Handing the officer the CCL didn't count.

 

I don't know if there was an appeal on that case or how it turned out. Suffice it to say, be very careful when out of state.

I could be wrong, but I thought I read recently this was overturned.

 

edit- looked but could not find article so unsure of status

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Be aware that not only does duty to inform vary between states, but so does the method. There is a fairly well known case that floats around the pro-gun internet of a traffic stop in Michigan. The driver presented his DL and CCL to the police and then something like 30 seconds go by before the cop asks about his gun. The driver was then arrested for not immediately disclosing because of those 30 seconds. Handing the officer the CCL didn't count.

 

I don't know if there was an appeal on that case or how it turned out. Suffice it to say, be very careful when out of state.

 

If it's the same one I'm aware of, it was in Canton, OH. And the arrest didn't stick. In fact the officer ended up having to leave the force due to his grossly unprofessional actions.

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I had one interaction with LEO while carrying. I was pulled over for speeding. Since it was day time. I rolled the windows down, turned off the car and put my hands on the wheel. When he asked me for my DL, I gave him my DL, CCL, insurance and registration. The guy grinned and said OK take your foot off the gas, and let me go with a verbal warning. No fuss.

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To be quite honest, I feel like having a CCL has gained me more respect from police whenever I've had to interact with them. Couple of accidents, 100% fault assigned to both drivers, none to me (no, I just have to deal with the consequences of your idiotic decisions).

 

Sent from my VS987 using Tapatalk

 

 

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To be quite honest, I feel like having a CCL has gained me more respect from police whenever I've had to interact with them. Couple of accidents, 100% fault assigned to both drivers, none to me (no, I just have to deal with the consequences of your idiotic decisions). Sent from my VS987 using Tapatalk

 

Hopefully most police officers realize by now that "Concealed-carry permit holders are the most law-abiding demographic of U.S. citizens."

http://dailycaller.com/2016/08/10/report-concealed-carry-permit-holders-are-more-law-abiding-than-police/

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To be quite honest, I feel like having a CCL has gained me more respect from police whenever I've had to interact with them. Couple of accidents, 100% fault assigned to both drivers, none to me (no, I just have to deal with the consequences of your idiotic decisions). Sent from my VS987 using Tapatalk

 

Hopefully most police officers realize by now that "Concealed-carry permit holders are the most law-abiding demographic of U.S. citizens."

http://dailycaller.com/2016/08/10/report-concealed-carry-permit-holders-are-more-law-abiding-than-police/

 

 

I think the vast majority do. Based on testimony here and on other sites, most police officers are respectful to you if you are respectful to them. If you inform them of your carrying, they will treat you fairly and competently. There are a few videos & stories floating around where that didn't happen, but those are the rare exceptions, IMO.

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Be aware that not only does duty to inform vary between states, but so does the method. There is a fairly well known case that floats around the pro-gun internet of a traffic stop in Michigan. The driver presented his DL and CCL to the police and then something like 30 seconds go by before the cop asks about his gun. The driver was then arrested for not immediately disclosing because of those 30 seconds. Handing the officer the CCL didn't count.

 

I don't know if there was an appeal on that case or how it turned out. Suffice it to say, be very careful when out of state.

 

If it's the same one I'm aware of, it was in Canton, OH. And the arrest didn't stick. In fact the officer ended up having to leave the force due to his grossly unprofessional actions.

 

 

I think it was one of these:

 

https://www.youtube.com/watch?v=Bt0jnLig9RY

 

 

https://www.youtube.com/watch?v=ZBCUEniMwJU

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Be aware that not only does duty to inform vary between states, but so does the method. There is a fairly well known case that floats around the pro-gun internet of a traffic stop in Michigan. The driver presented his DL and CCL to the police and then something like 30 seconds go by before the cop asks about his gun. The driver was then arrested for not immediately disclosing because of those 30 seconds. Handing the officer the CCL didn't count.

 

I don't know if there was an appeal on that case or how it turned out. Suffice it to say, be very careful when out of state.

 

If it's the same one I'm aware of, it was in Canton, OH. And the arrest didn't stick. In fact the officer ended up having to leave the force due to his grossly unprofessional actions.

 

 

It was Michigan and the arrest did stick. I've had trouble finding the original article but I've seen referenced to it all over, including at Hangunlaw.us:

 

http://www.handgunlaw.us/states/michigan.pdf

 

Q: If I get pulled over by the police while I am lawfully carrying a concealed pistol, is it considered sufficient notice to hand over my Concealed Pistol License (CPL) with my Driver's License?

 

A: Maybe not. MCL 28.425f(3) states: "An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle." The penalty for a first offense includes a $100 fine, and a CPL suspension of up to six months. In one recent case, the driver handed his CPL over to the officer who stopped him. He did this because he had been told by a reliable source (an experienced police officer from another jurisdiction) that it is considered dangerous to use the word "gun" when talking to an officer on the road side since officers yell, "Gun!" to one another when a dangerous person displays a firearm. The driver was ticketed for the nondisclosure. In subsequent trial, the dashboard video camera record showed that it was approximately 40 seconds after the officer arrived at the driver's window that the driver verbally disclosed his concealed pistol. The court found that the simple act of handing over the CPL was not adequate disclosure and that the 40- second delay before verbally disclosing was not "immediate disclosure."

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I have not been pulled over yet. There is no duty to inform in Illinois unless asked. However, your CCL is linked to your driver's license and the LEO does have the ability to access that information. So, I think it's best to inform as a courtesy to the officer. I think he will appreciate that.

 

The procedure I've decided on is more or less the same as any traffic stop...hands on the wheel, window open, radio off...but...the first words out of my mouth are "I have a concealed carry license. I am carrying today. The weapon is on my right hip at the 4 O'clock position. How would you like me to proceed?" I expect the officer to ask me to produce my license and keep my hands clear of the place where the weapon is and go about his business. However, keep in mind that a LEO has the right in Illinois to secure the weapon until the contact has ended. I personally wouldn't expect this to happen during a traffic stop. It seems more dangerous than it's worth.

I posted a thread here inquiring about people who were involved in a traffic stop where the officer took their handgun for the duration of the stop. Didn't get a reply from anyone in Illinois that

had this happen. I posted the same thing at another forum and seems to not be uncommon in New York state and Detroit.

 

I had interaction with a LEO after an accident a few years ago and didn't notify him I was carrying when I gave him my DL, he came back and asked to see my FCCL. Wasn't upset and didn't ask me if I

was carrying or where it was. Looked over the FCCL front and back. He may not have seen one before. Next time I'll just hand the LEO the FCCL since he'll know anyway when running the DL.

 

Everyone can do what they like. It's within the law to not inform if you're not asked. However, I suggest informing at the outset for two reasons:

 

1) The LEO will likely find out you have one anyway. If you inform him at the outset, it makes it appear to him that you're cooperating and you care about his safety and have nothing to hide. I think this goes a long way in fostering good relations between our community and LEOs.

 

2) I often travel out-of-state by car. Some of those states have a duty to inform. So, I'm simply making things easier on myself by having one set of actions regardless of which state I'm in.

 

Again, people within the state can do what they like. I'm not saying anyone is wrong for not informing. They're clearly within their rights and I think NOT having a duty to inform is a great freedom to have. I'm just saying what works best for me and my situation.

 

As for having the weapon "secured" during the interaction, I don't doubt it's rare. If I were a LEO, I wouldn't want to do that. The interaction could escalate to violence. There could be an accidental discharge. It's just an unneeded complication.

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I've never been armed when I've actually been stopped (seized). Only when I've been involved in (two) accidents (no, neither one was my fault). Not seized in that case, community caretaking function. They all knew I have a CCL since dispatch will do a read back confirming it so I figured if they're concerned about me being armed, they would say something. But (at the second accident) one of the cops was more interested in talking about radios, cars, everything but guns with me while he was babysitting me as the other officer was compiling info for the report. I just happened to know the LEO who responded to the first one.

 

Sent from my VS987 using Tapatalk

 

 

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what if you are a passenger in a vehicle driven by someone else? sometimes if there are 2 officers one goes by the passenger side. if im sitting in the passenger seat or the back seat how would I go about informing them? or if they don't ask, keep quiet????

Only you can decide whether you want to inform or not if they don't ask.

 

Under the law, if the driver is asked about an FCCL or if he/she is carrying, then everyone in the vehicle has the Duty to Inform.

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  • 2 weeks later...

Sorry to bring this one back, but my instructors (both of whom are LEOs) recommended not disclosing voluntarily, but of course doing so if the officer asked. I've haven't had an interaction with an officer since I started carrying, so haven't had to deal with it yet.

Did they discuss why that was their recommendation?

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