Concealed Carry And Police Searches

[Patriot_1776]

Hi everyone! I was hoping ya'll could help me out with a question I have.


Lets say you are issued a permit and can carry a concealed firearm.
Lets say for some reason you have to interact with a peace officer.
When this cop initiates questioning, should you immediately inform the officer that you are armed and have a permit to legally carry? I believe it would probably be in your best interest, but *ARE YOU REQUIRED TO?*
Note: I know in a vehicle you hand over your CCW Permit with license and registration. What about not in an automobile,though?

Also, after informing the officer of your legal firearm, does that give him reasonable cause for a search?
I understand he can relinquish you of your firearm if he feels it is for his own safety, BUT! *CAN HE SEARCH THE REST OF YOU OR YOUR PROPERTY WITHOUT CONSENT? DOES CONCEALED CARRY ALONE GIVE HIM REASONABLE CAUSE EVEN IF NO LAWS WERE BROKEN?


Thanks in advanced, Cheers!

[hoffmang]

1. No you do not have to tell him anything about your firearm or permit. However, the pragmatic thing to do in a traffic stop is to include your permit with your drivers license and registration if you're actually carrying.

2. Presenting a permit actually does the opposite of creating probable cause to search.

-Gene

[safewaysecurity]

1. No you do not have to tell him anything about your firearm or permit. However, the pragmatic thing to do in a traffic stop is to include your permit with your drivers license and registration if you're actually carrying.

2. Presenting a permit actually does the opposite of creating probable cause to search.

-Gene

How does it do the opposite? I know presenting a permit itself is not probable cause for anything but how does it do the opposite?

[Patriot_1776]

Thanks Hoffmang,

Sometimes Police Officers ask "Do you have any weapons on you today?"
Are you then required to inform him of your firearm?
This might seem null, or even rhetorically stupid, but I would like to know.

Thanks again mang

[safewaysecurity]

Thanks Hoffmang,

Sometimes Police Officers ask "Do you have any weapons on you today?"
Are you then required to inform him of your firearm?
This might seem null, or even rhetorically stupid, but I would like to know.

Thanks again mang

Know you are not required in California. However your permit might have that requirement but there is no state law requiring you to reveal that info.

[hoffmang]

How does it do the opposite? I know presenting a permit itself is not probable cause for anything but how does it do the opposite?

The permit to carry a firearm means that you have no current wants or warrants and that any firearm you may be in possession of is clearly and demonstrably legal. Therefor you've now blown an officer's arguments that he had probable cause to believe a crime was occurring absent something very else.

-Gene

[cdtx2001]

The permit to carry a firearm means that you have no current wants or warrants and that any firearm you may be in possession of is clearly and demonstrably legal. Therefor you've now blown an officer's arguments that he had probable cause to believe a crime was occurring absent something very else.

-Gene

That would be the logical conclusion, but for some logic is lost or never used.

[sully007]

The permit to carry a firearm means that you have no current wants or warrants and that any firearm you may be in possession of is clearly and demonstrably legal. Therefor you've now blown an officer's arguments that he had probable cause to believe a crime was occurring absent something very else.

-Gene

Question?

If HR 822 were to pass, some states do not require you to list your firearm on the permit. How would that effect the firearm issue of what you just stated?
I mean how would they (LE) now know that the "firearm you may be in possession of is clearly and demonstrably legal."?

[oldguy870]

Before the evil witch OC Sheriff took away my CCW for no reason at all, I was stopped for going 75 MPH on highway 395. I handed my license and my CCW to the highway patrol person. He went back to his car and returned telling me to slow things down.

I am convinced that I would have had a ticket had I not had my CCW.

P.S. This is not an excuse to use a CCW to break the law. I have not had a ticket in 10 years. I just screwed up and the officer was generous by giving me a warning.

[ap3572001]

If I pull someone over and they show me their drivers license, registration and a CCW permit I will see it as a positive thing. Also, if am talking to someone and they show a ccw and tell me that they have a handgun I am not going to search them for weapons. They just told me they have a gun.

[Marty33]

Advising the officer that you are armed is the smart thing to do. It prevents all kinds of bad scenarios that may occur if the officer notices your concealed gun. Now that is the common sense answer, but I don't believe that you are legally required to disclose your CCW to a police officer.

I would much rather have a citizen disclose to me that they are legally armed then to notice something and prone out a good citizen.

If contacted by a police officer, and carrying, just say "Officer, I have a CCW and am armed".

[ap3572001]

+1

Advising the officer that you are armed is the smart thing to do. It prevents all kinds of bad scenarios that may occur if the officer notices your concealed gun. Now that is the common sense answer, but I don't believe that you are legally required to disclose your CCW to a police officer.

I would much rather have a citizen disclose to me that they are legally armed then to notice something and prone out a good citizen.

If contacted by a police officer, and carrying, just say "Officer, I have a CCW and am armed".

+1!

[paul0660]

The permit to carry a firearm means that you have no current wants or warrants and that any firearm you may be in possession of is clearly and demonstrably legal. Therefor you've now blown an officer's arguments that he had probable cause to believe a crime was occurring absent something very else.

-Gene

It's just a piece of paper, which is not necessarily confiscated if the permit is revoked. Just like a 03 license, it means that the holder was pretty squeaky clean at issuance. Months or years later, it is no longer a given.

[supersonic]

Before the evil witch OC Sheriff took away my CCW for no reason at all, I was stopped for going 75 MPH on highway 395. I handed my license and my CCW to the highway patrol person. He went back to his car and returned telling me to slow things down.

I am convinced that I would have had a ticket had I not had my CCW.

P.S. This is not an excuse to use a CCW to break the law. I have not had a ticket in 10 years. I just screwed up and the officer was generous by giving me a warning.

Wow, was this actually CHP??? Everyone I know (myself included) has had similar "luck" - once a Highway Patrol officer pulls you over, he/she has already started writing the ticket. Outside celebrities & politicians, I've never heard of someone actually "getting out of" getting a ticket from one of them. Maybe it's the part of CA I am from.

[Glock22Fan]

For all those saying that you do not have to inform the officer that you have a CCW, this may be true in some states and not in others.

In California it is true unless your permit says you should notify them - in which case you should. In some states, it had better be just about the first thing you tell them. This includes Alaska (where there is no permit). From what I've seen on the Alaska cops reality shows, they don't like not knowing immediately.

A concensus of cops and instructors I have talked with about this, here and out of state, is to tell them by handing over your CCW with your license (as recommended above) whether required or not. There's more to gain than there is to lose this way.

If you feel you have to say something (instead of just handing over your permit), tell them you have a permit BEFORE you tell them you have a firearm.