Inform the officer or not when concealed carry? - Page 15
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Thread: Inform the officer or not when concealed carry?

  1. This is not a simple subject - I know what I would do and what Mas Ayoob suggests doing as a LEO. But perhaps some good training is called for here. And practice. The last thing we want is for you to be fumbling around when stopped. Best your hands be on the steering wheel in plain sight, motor turned off, etc. Put the window down when you see the LEO exit his vehicle. AND DO NOT attempt to reveal or present the handgun when the officer is with you. As you can see a complex matter and one that requires some solid training?

    If I am asked to present my firearm or put it away my response is going to be to ask the officer if he would mind removing it from me rather than me removing it.

    And I of the opinion that I will always tell that I have a permit and am carrying. It may get me held up but it won't get me shot.

  2.   
  3. #142
    Join Date
    Jul 2009
    Location
    Austin, TEXAS
    Posts
    8
    Now that Texas has no penalty for not informing an officer that one is carrying a gun, I wouldn't inform them now. Unlicensed individuals may have a handgun anywhere in their vehicle (including on their person) as long as its concealed, and are NOT required to inform an officer that they have a handgun. So why should a CHL holder inform them?

  4. Quote Originally Posted by rom View Post
    Now that Texas has no penalty for not informing an officer that one is carrying a gun, I wouldn't inform them now. Unlicensed individuals may have a handgun anywhere in their vehicle (including on their person) as long as its concealed, and are NOT required to inform an officer that they have a handgun. So why should a CHL holder inform them?
    As a matter of courtesy. To prevent kissing the pavement if your carry is spotted or comes up on a license check. Etc. Most (not all) LEO's appreciate the courtesy according to Ayoob and (my opinion) it might even save you a ticket for a busted tail light.

    If you decide NOT to tell, remember that the right to search requires good cause or a warrant. Once you agree to "may I have a peek?" you cannot retract it. You have given your permission to search and have relinquished your rights. If they think you have a bag of whatever in your privates, that too is included in "may I have a peek for myself?". Just remember that.

    The classes I have taken in CWP and lethal force encounters, etc., have covered off much of this sort of material and were worth every penny paid for them. I am due for some refresher courses at some point... it pays to be sharp and knowledgable on your rights and how to act when in an unfamiliar situation.

  5. #144
    Join Date
    Jul 2009
    Location
    Austin, TEXAS
    Posts
    8
    Quote Originally Posted by torontogunguy View Post
    As a matter of courtesy. To prevent kissing the pavement if your carry is spotted or comes up on a license check. Etc. Most (not all) LEO's appreciate the courtesy according to Ayoob and (my opinion) it might even save you a ticket for a busted tail light. ...
    You have a valid point. Technically, its still required here in Texas, but there is no penalty. So the more I think about this, its probably a good idea to inform the officer in most if not all circumstances.

  6. All I can tell you is that I have always taken the stand of telling especially when crossing the border where it is required by law to declare such things and I have yet to even have the vehicle searched... the most is "open the tailgaite", which I did and when they saw my two minisafes, one for the gun(s) and one for the ammo, I was good to go. I was amazed as I had asked if they wanted the safes opened and the response was 'no - have a nice day' and a wave.

    I have always taken the tact of simply including my CWP/CHL when handing over my drivers license, etc., have always made sure that my wallet was in hand before the LEO approached, my hands were in plain sight, never fumbled for anything during the approach, turned off the engine, opened the window as soon as the LEO got out of his car, etc. All of this was, I have no doubt, appreciated by those that stopped me and interestingly, I have never received a ticket for any infraction, likely as a result.

    Just some food for thought and not necessarily an opinion or suggestion.

  7. Another way of looking at it - someone carrying illegally will certainly not inform the officer. By notifying up front and presenting your CCW, you automatically move into a different category of citizen - someone who obeys the law (hence the CCW) and respects the LEO's difficult job. You can't prevent a rough time if you've been stopped by an officer who for whatever reason simply doesn't like citizens to have guns, but i think the vast majority will (whether they outright acknowledge it to you or not) greatly appreciate the courtesy of your giving them that information and allowing them to "control" the encounter.

    The flip side - having them discover your CCW by running your DL, or worse, having them find your pistol by visual or physical search - is sure to be a much more difficult encounter and i can't think of a single way that you could turn it back to a positive experience for either of you. Even though we all know that we legal CCW's present no danger to the LEO whatsoever whether we notify or not.
    "Laws that forbid the carrying of arms ... make things worse for the assaulted and better for the assailants ... for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson

  8. #147
    Quote Originally Posted by Daugherty16 View Post
    Another way of looking at it - someone carrying illegally will certainly not inform the officer. By notifying up front and presenting your CCW, you automatically move into a different category of citizen - someone who obeys the law (hence the CCW) and respects the LEO's difficult job. You can't prevent a rough time if you've been stopped by an officer who for whatever reason simply doesn't like citizens to have guns, but i think the vast majority will (whether they outright acknowledge it to you or not) greatly appreciate the courtesy of your giving them that information and allowing them to "control" the encounter.

    The flip side - having them discover your CCW by running your DL, or worse, having them find your pistol by visual or physical search - is sure to be a much more difficult encounter and i can't think of a single way that you could turn it back to a positive experience for either of you. Even though we all know that we legal CCW's present no danger to the LEO whatsoever whether we notify or not.


    the way i read this....and might not be the way you meant it...but it seems to me you're saying you are a better person than I because you would inform the LEO and i would choose not to....

  9. #148
    Here in TX one is required to give both DL and CC to the officer (if carrying). Actually this usually relaxes the LEO because they then know they're dealing with someone with a squeaky clean record. I have been stopped on several occasions. Each time I was carrying and complied with the law, of course. None of the officers ever asked for my firearm and on the last occasion I had a nice chat with him about my Camaro, among other things. Interestingly, they recently changed the law so that anyone can have a concealed weapon in their vehicle. In a strange twist of the legislative process those with carry permits still have to disclose while those without have no obligation to let the officer know. Weird, huh? When I lived in PA there was no requirement and I never said anything because I didn't see any need to alarm the officer (since in PA they are not used to being told). However, if any stop had ever escallated to the point where I was asked to leave the vehicle, which never happened, then I would have told the officer for my own safety.

  10. #149
    I'm not a LEO, but I have to agree totally with Deputy Dave. Great read sir.........

  11. Definitely not what i meant

    Quote Originally Posted by mrjam2jab View Post
    the way i read this....and might not be the way you meant it...but it seems to me you're saying you are a better person than I because you would inform the LEO and i would choose not to....
    Nothing of the kind. I wrote it badly if that's what you took away from it. I'm simply saying that, in my little world, the way i personally see things, it makes sense to notify. I respect and also agree with many, if not all, of the reasons folks give when they take the opposite approach. Here's one of my prior posts:
    Quote Originally Posted by Daugherty16 View Post
    I think this thread has gone as far as it is going to go. There are clearly different opinions about this, and i very clearly understand and support - despite my last post - your right NOT to inform where that is legal. I simply choose to do inform, as the best course for me. Someone asked, what about anything else i'm carrying in my pocket. Well, all i can say is your Bic lighter isn't a firearm. People, even LEOs, maybe especially LEOs, get nervous or worse around OPF (other people's firearms).

    I agree that it is illogical for a LEO to be more concerned about lawful carry than about the hoodlums who carry illegally. So, the last thing to say is, obey the law, and keep carrying.
    Overarching this entire discussion is the sad fact that we law-abiding folks, who believe in self-sufficiency and empowerment, are misunderstood and even mistrusted by many LEOs and a great many fellow citizens.
    "Laws that forbid the carrying of arms ... make things worse for the assaulted and better for the assailants ... for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson

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