Virginia: Disclosure of a concealed weapon when pulled over
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Thread: Virginia: Disclosure of a concealed weapon when pulled over

  1. Virginia: Disclosure of a concealed weapon when pulled over

    I'm sure a lot of people are going to that I should or why I should, but I'm specifically trying to determine if it is required by law.

    I've looked pretty hard at the Virginia Code but can't find anything that specifically requires this. Want to make sure I'm not missing anything:

    1. Are you required to disclose that you have a concealed firearm when pulled over?

    2. If a officer directly asks you whether you have any weapons on you do you have to answer?

    #2 is tricky because if I have a CCP I'm not in violation of a law, so I wouldn't be incriminating myself; however, as far as I know I don't have to answer any questions when pulled over.

    It would be helpful if any answers also cite Virginia code.

    Thanks.

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  3. #2
    Join Date
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    Quote Originally Posted by bigskinsfan View Post
    I'm sure a lot of people are going to that I should or why I should, but I'm specifically trying to determine if it is required by law.

    I've looked pretty hard at the Virginia Code but can't find anything that specifically requires this. Want to make sure I'm not missing anything:

    1. Are you required to disclose that you have a concealed firearm when pulled over?

    2. If a officer directly asks you whether you have any weapons on you do you have to answer?

    #2 is tricky because if I have a CCP I'm not in violation of a law, so I wouldn't be incriminating myself; however, as far as I know I don't have to answer any questions when pulled over.

    It would be helpful if any answers also cite Virginia code.

    Thanks.
    Check here, under the Resources area of this site Virginia Concealed Carry Permit Information

    According to this, you must produce it on demand by LEO.

    My two cents, it's always good to notify...I don't want any surprises or misunderstandings during our interaction that would cause us both to have bad days

  4. That portion of the resources is based on Section 18.2-308-H:

    "The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and shall display the permit and a photo-identification issued by a government agency of the Commonwealth or by the United States Department of Defense or United States State Department (passport) upon demand by a law-enforcement officer. "

    and the language above only appears to require me to produce the permit when requested. Not inform the officer that I am carrying.

    I agree that it is generally a good idea to disclose that I am carrying. But again, I just want to know if anyone knows of other sections of the code that require the disclosure.

    Thanks again.

  5. #4
    Join Date
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    Quote Originally Posted by bigskinsfan View Post
    That portion of the resources is based on Section 18.2-308-H:

    "The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and shall display the permit and a photo-identification issued by a government agency of the Commonwealth or by the United States Department of Defense or United States State Department (passport) upon demand by a law-enforcement officer. "

    and the language above only appears to require me to produce the permit when requested. Not inform the officer that I am carrying.

    I agree that it is generally a good idea to disclose that I am carrying. But again, I just want to know if anyone knows of other sections of the code that require the disclosure.

    Thanks again.
    I just read through this LIS > Code of Virginia > 18.2-308 and it doesn't appear there is a requirement to notify. As stated earlier, I think it's a good idea to do so. If you are concerned, give the state police a call or might be well worth the $$ to consult a local attorney and see what their take is on it.

  6. #5
    Required to produce a license upon request yes. Required to Inform the LEO on contact NO.

    There is no code to cite as it is not law.

    I am not one who will tell you you should anyway...as it is not relevant during a routine traffic stop.



    As for #2....best bet is not to lie. If directly asked, "do you have any weapons"...be honest.

  7. #6
    Join Date
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    Close to Reading, PA
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    Your state is like mine (PA) in this regard. If a LEO demands your carry permit/license, you are required to show it. However, there is no legal requirement to inform anyone that you are carrying.

    So as to your questions:

    "1. Are you required to disclose that you have a concealed firearm when pulled over?

    2. If a officer directly asks you whether you have any weapons on you do you have to answer?"

    1) No. Whether you do or not is completely up to you. You are under no legal obligation to inform. Personally, I choose not to, as it has nothing to do with why the officer is detaining you.

    2) No, you do not have to answer. Actually, you never have to say a word to any LEO, ever. You are required to produce your driver's license, insurance, and registration upon demand if you are driving, but you never have to open your mouth. If you take a hard-line approach to this, staying completely silent throughout, you are more likely to get a citation for whatever infraction you supposedly committed. But if you open your mouth, you may talk your way INTO a ticket. So choose what's best for you.

    BTW, #2 is based on the "right to remain silent". And because of the completely asinine ruling by the Supreme Court, you would now have to actually tell the LEO that you are invoking your right to remain silent. Yes, the SCOTUS has ruled that you have to speak in order to remain silent. Like I said - asinine.

  8. You possibly might want to consider the LEO. I have always felt they deserved to be aware of my being armed, especially when alone at night. It also is better than having the issue come up unexpectedly. I carry multiple guns on me and in the center console while on the road. No real reason, I just do.

    In West Virginia a young local officer pulled me over for speeding. It was 1:30 A.M. and I let him know I was carrying. He informed me I was not required to tell him. I said I didn't care, just felt it was good for him to know. We got into a discussion on the guns and he became interested in what I carried. So next we are passing my loaded guns back and forth in the middle of the night. Upshot? I didn't get a ticket or even a warning. He just told me they were mainly interested in DUI's. But I was doing nearly 20 MPH over the limit. I am pretty sure I would have gotten the ticket.

    So be considerate of the LEO's situation and you may even get a break.

  9. #8
    Join Date
    Feb 2010
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    I have several LEO friends and they all prefer to know if somebody is carrying, whether on their person or in their car. It serves to limit any nasty surprises.

  10. #9
    JSDinTexas Guest
    In Texas you must show your CHL if armed and ID is requested as part of any encounter, and most do at anytime as a "courtesy" to the officer.

  11. #10
    My 2 cents on this if your pulled over for whatever, LEO ask's for reg stuff, you give it two him he go's to his car and ck's you out, he may or may not find you have a permit, when he comes back you keep in mind his alert has went way up, so dont make any suddin moves, or start rummageing around, and then if he ask's if you have any weapons, absolutly do not lie, he probably just found out you have a permit so its natural to assume you have a gun in the car

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