Should I declare I have concealed weapon when pulled over by an officer?

[SmithGuy]

I spoke to a clerk at the Indiana Government Center a few years back when I was dealing with an issue with my concealed carry permit, and I asked her whether I should declare I have a concealed firearm if I ever get pulled over by an officer. I actually assumed I should tell them as soon as they walked up to my window, but I was surprised at her answer. She said that under no circumstances should I volunteer that I have a concealed weapon on me unless asked by the officer. She said that if I brought it up, it would make the officer get into a heightened state of alert and I might not like the response. She said that as long as I leave it concealed and do not touch it while the officer is present that I should not tell the officer I have a gun unless the officer asks me.

Does anyone know for sure whether you should declare your firearm when you are pulled over in Indiana carrying a concealed weapon? For what is it worth, I was watching an episode of Alaska State Troopers and evidently you do not need a permit to carry a concealed handgun in Alaska, but you must immediately declare to the officer that you have a firearm in the car when you get pulled over.

 

[MikeDVB]

No.

 

[Double T]

No. You don't even have to talk to them. If they ask you if you know why they pulled you over, shrug

 

[Bigtanker]

Keep it quiet unless asked. If they ask say "I have nothing illegal in this vehicle." Indiana is not a "must notify" state. Michigan is and I do belive Ohio is also.

 

[possum_128]

As said already, no. As far as you having an issue with getting a concealed carry permit in Indiana it's because Indiana doesn't have a concealed carry permit, we only have a License to carry a handgun.

Come on, you all knew it would be said.

 

[Scutter01]

Here's another thread on the same subject:

https://www.indianagunowners.com/forums/carry_issues_and_self_defense/287005-do_you_inform.html

 

[LP1]

Keep it quiet unless asked. If they ask say "I have nothing illegal in this vehicle." Indiana is not a "must notify" state. Michigan is and I do belive Ohio is also.

Ohio is a "must inform" state. Also be aware that your LTCH is not honored by Ohio. Ohio's laws are also rather unusual regarding what constitutes a "loaded gun" in a vehicle. Check handgunlaw.us before you travel with a gun in Ohio.

 

[Indy_Guy_77]

The real answer is:

"maybe".

And if it hasn't been said already, I'll be "that guy". We don't have a concealed carry permit in Indiana. We have a License To Carry a Handgun (LTCH). You do not have to conceal it in IN.

-J-

 

[GunnerDan]

Sorry Indy_Guy_77 your answer of maybe is way off the mark. There is absolutely no requirement to notify an officer of your carrying status whatsoever. Since I am making a couple of general assumptions, and yes I know what happens when you assume things, but my assumption is that as a legal gun owner and carrier, the person should know without a shadow of a doubt if they have any "legal issues" that may arise if they are stopped for a traffic infraction. If someone is pulled over for doing 65 in a 55 or doing a rolling stop thru a intersection, then only thing that person has to worry about when dealing with the traffic stop is ensuring that they have all their proper paperwork in order, license is valid, insurance is up to date and registration is valid. There should be no reason whatsoever that the officer should be going on any kind of a fishing expedition by giving you a ticket for speeding. If you are stopped and you dont have to escalate the stop by informing the officer of your carry status, then why escalate it by notifying? That does nothing more than in introduce another level of escalation that can go bad quickly if the officer has no clue about how your particular firearm works, maybe he sweeps you with your own weapon, or maybe he or she is so scared of civilians with weapons they pull their own weapon and pull you out of the car, handcuff you and stuff you in the back of the patrol car while your info is being ran, and the weapon is being ran, and possibly unloaded and sometimes even field stripped. If I were stopped and the officer asked me a direct question like "Are there any weapons in the vehicle?" My standard answer will be "There are no illegal weapons in the vehicle." Only and I mean only if I were being removed from the vehicle, which should be a VERY rare occurrence for a traffic stop, would I then notify the officer of my carry status and where the weapon is located.

Gunner

 

[EvilElmo]

It varies by state. In Indiana there is no requirement to notify. Ohio, for example, is a "must notify" state.

If you're travelling make sure to check up on the laws in the state(s) you're passing through or visiting. Here's 2 excellent sites that make all that information very accessible.

Concealed Carry - Resources, Maps, Forums, Articles - USA Carry
Handgunlaw.us

 

[iChokePeople]

Sorry Indy_Guy_77 your answer of maybe is way off the mark. There is absolutely no requirement to notify an officer of your carrying status whatsoever.

...snipping...

Only and I mean only if I were being removed from the vehicle, which should be a VERY rare occurrence for a traffic stop, would I then notify the officer of my carry status and where the weapon is located.

Gunner

So... maybe.

 

[GunnerDan]

So... maybe.

I took INdy_Guy's response as a maybe no matter what the circumstances. Also, if someone is removed from a vehicle, remember to keep your pie hole shut, and that may even mean not notifying you have a weapon in your pocket. If asked is it unlawful to refuse to answer the question? Or is it unlawful to even lie and say no to the weapon question? I mean it is lawful for the police to lie to you during questioning, and from what I can tell the only thing you have to be truthful about is your identification if you are being detained during a Terry stop. So, you can lie about anything else or just refuse to answer and still not be unlawful.

Gunner

 

[Indy_Guy_77]

So... maybe.

I took INdy_Guy's response as a maybe no matter what the circumstances. Also, if someone is removed from a vehicle, remember to keep your pie hole shut, and that may even mean not notifying you have a weapon in your pocket. If asked is it unlawful to refuse to answer the question? Or is it unlawful to even lie and say no to the weapon question? I mean it is lawful for the police to lie to you during questioning, and from what I can tell the only thing you have to be truthful about is your identification if you are being detained during a Terry stop. So, you can lie about anything else or just refuse to answer and still not be unlawful.

Gunner

I stick by what I said.

The real answer is "maybe". It wholly depends upon the totality of the circumstances. There is not, cannot, and should not be any kind of "boilerplate" response/answer. Because as soon as you start doing that, you'll very quickly find out that the boiler plate doesn't fit any, every, and all circumstances.

Just like the "What would you do if you saw a guy robbing a store you were in" threads. My answer "It depends".

So, would I inform? Maybe. It depends.

-J-

 

[Kev]

I spoke to a clerk at the Indiana Government Center a few years
.....
but you must immediately declare to the officer that you have a firearm in the car when you get pulled over.

Since no one else yet has mentioned it.... Welcome SmithGuy to the site and good question to ask! You'll get lots of information here.. some that you don't even ask for..

Keep the good questions and education going!

 

[AlwaysVigilant]

This is the one time the assanine process for a CPL in Michigan has a fringe benefit. You have to take a class, get fingerprinted, and a background check. YOu stuff goes to a local review board of LEO's and the county prosecutor.

The nice thing is, when you interact with the cops at traffic stops and you tell them you are a CPL holder, they relax, knowing you have been vetted to a certain extent. I have been let off two speeding tickets after I identified myself.

 

[rockhopper46038]

The best documented outcome to informing that I have read here (and other places) amounts to not getting an otherwise deserved ticket. The worst outcome to informing has been very, very bad. I have informed in the past, and did not experience a bad outcome. In fact, I also was given a warning when a ticket may have been indicated by strict reading of the statutes.

Nevertheless, I now believe my default position would be to not inform. The amplitude (not frequency; severity) of the bad outcomes seem to exceed the potential "plus" of the good. Of course, the specifics of the moment may alter that position, but for me the risk/reward calculation favors keeping quiet.

 

[udbrky]

Ohio is a "must inform" state. Also be aware that your LTCH is not honored by Ohio. Ohio's laws are also rather unusual regarding what constitutes a "loaded gun" in a vehicle. Check handgunlaw.us before you travel with a gun in Ohio.

Indeed. It's also a felony to not notify.

You might want to check reciprocity, there was a new law passed, and Ohio might honor Indiana.

As of March 27, a gun is not loaded if the magazine, or a bullet, are not in the gun. So you can just clear the weapon and put the magazine beside it, it is no longer considered a loaded weapon. (Assuming you ejected the round from the chamber).

 

[armedhoosier451]

Every time I have been involved in a traffic stop they always specifically ask if I have any weapons or drugs in the vehicle. I haven't been pulled over since I've had my carry permit so I couldn't speak from experience on actually have a weapon in the car, althought I was subject to them searching my car anyway one time, which I should have said no to but was a sophomore in high school at the time and didn't no better I guess..

 

[Scutter01]

The nice thing is, when you interact with the cops at traffic stops and you tell them you are a CPL holder, they relax, knowing you have been vetted to a certain extent.

HAHAHAHAHAHAHAHAHA!!!! Oh, you're adorable.

http://youtu.be/kassP7zI0qc

 

[Expat]

I used to be in the "let them know" camp. I know a guy that did just that and it created problems, so now I am in the "don't volunteer information" camp.