The first thing you figure out as a Police Officer is there are no “normal” traffic stops. If you are a legal gun owner a traffic stop may not be “normal” either.
The most common way legal gun owners come into contact with Law Enforcement is a traffic stop and that is a topic we at USLS get asked about constantly.
As a former Police Officer, current Defensive Shooting Instructor, manufacturer of a unique concealed carry holster, as well as a guy who may have been pulled over while legally carrying a time or two Austin Davis has some tips and insight for you to help make the experience easier for both you and the officer.
How did this all start? You’re driving around, minding your own business, completely unaware of that police officer. The officer observes something, in their opinion, you did or did not do that is in violation of an infinite list of traffic violations the officer will initiate a traffic stop.
The First Steps of the Traffic Stops
After you see the lights and sirens and realize it’s you they’re after:
- Put on your emergency flashers.
- Pull over into a well-lit location out of the traffic flow.
- Put your car in park, and lower at least your front windows. If your car is heavily tinted lower your back windows as well.
- If it is at night turn on your overhead dome light.
- If easily accessible locate your ID and insurance info, if not, leave your hands on the steering wheel until the officer approaches.
As the officer approaches, remember we want to eliminate as many barriers to success (getting out of the ticket) as possible.
Humor
Don’t use it, even if you have a good joke like, when a regular dog sees a police dog, does he tell his friends watch out it’s a cop. Humor is at best an inefficient form of communication, and a traffic stop is a serious situation so leave the humor out of it.
Sarcasm
Sarcasm does not build rapport, and there is zero chance you being sarcastic will help the situation.
Arguing
Do not argue the merits of the stop on the side of the road during the traffic stop. The time for argument and discussion is when you have a lawyer present and a judge is present in the courtroom.
How Do I Tell the Officer I Have a Firearm?
My advice would be to avoid the phrase “I gotta gun.” The word gun is a trigger word for officers. Another option is—I have a license to carry. Avoid the gun verbiage all together and pick your words very carefully when you have a firearm.
Once you notify the officer you are a legal gun owner and you have a firearm, they will choose three paths of action on what to make you do with the firearm.
- Let you keep it. Usually if they let you keep it they’ll say something like if you don’t touch yours I won’t touch mine. If they do let you keep it, don’t adjust, don’t fiddle around, leave your hands on the steering wheel, and the process will go fine.
- Officer removes it. The officer will remove it for both your safety and his. If the officer wants to remove the firearm, ask the officer how he would like to handle it. They will ask you out of the car, you will put your hand on a fixed object, they will ask you the location of the firearm and will remove it from you. Just follow instructions and there will be no problems.
- You hand it to the officer. This is the most complicated of the three options. Ask the officer the specific steps you want to take to remove my firearm. Then tell them the facts, i.e. I’m wearing a seatbelt and the firearm is in an ankle holster, shoulder holster, appendix, etc… Then when the officer gives you their instructions, repeat them back, and narrate your actions as you move very slowly. If at any point the officer gives you any instructions you don’t understand, is counteractive to safety, or doesn’t make any sense, stop your motion and ask for clarity. If at all possible release the entire holster and hand it to the officer. If that is not possible remember keep your finger off the trigger and always point the firearm in a safe direction.
State Laws for Informing the Officer You have a Gun
The laws regarding if you have to inform an officer if you are carrying a firearm vary from state-to-state. Below are examples of some of the laws across the country. If you are unsure of the law in your state, call our non-emergency business line and speak to an Independent Program Attorney about the law in your state.
Texas – In Texas, you have an obligation, if you are carrying a weapon, to hand the officer your LTC along with your driver’s license. There is currently no penalty on the books for failing to give the officer your LTC in this situation, but it is still good practice to do so, particularly if you want to avoid a very annoyed police officer.
Colorado
Florida – There is no duty to inform the officer you have a firearm in your vehicle unless the officer specifically asks you.
Georgia – There is no law that requires you to inform an officer that you are carrying a firearm. There is also no law that says you must hand over your weapons carry license, but there is a law preventing police officers from randomly asking you if you have a weapons carry license.
Missouri – The law does not require you to affirmatively tell the police officer that you have a concealed carry permit or a firearm with you.
Oklahoma – As a concealed carry license holder, the law requires you to inform the police officer that you are armed if you are armed. If you do not have a concealed carry license you are still required to inform the police officer you have weapons in the car if you have weapons in the car. Under the Self-Defense Act, the police do not have authority to disarm you unless they have probable cause to suspect a crime, other than a normal traffic violation, has been committed.
Pennsylvania
Virginia – There is no requirement to inform the officer that you advise the officer that you have a concealed handgun permit or a weapon in the car. But if you are concealed handgun permit holder and carrying a firearm you are required to hand over the permit and a photo ID on demand.
What Do I Do When the Officer Hands My Firearm Back?
At the end of the process, hopefully they’re going to hand that firearm back. When the officer hands it back be very careful and only point the gun in a safe direction. Not only do you not want to put your finger on the trigger, but you want to avoid the entire trigger area. If they hand it back to you with the action open, or it’s a revolver with the cylinder out, leave the action open or the cylinder out. If they hand it back to you with either the action or the cylinder closed, do not do a check of your firearm to see if it has been reloaded. Put it in a safe place until you are free to go on your way. Once you and the officer are long gone you can pull over and either decide to empty the gun and reload or rearm.
If you have any other questions make a comment in the comment section below, or attend one of our seminars. Go to uslawshield.com/seminar to find a seminar in your area.
—Austin Davis, former police officer and President of Kangaroo Carry Holsters
Excellent advise. I include removing the keys from the ignition and placing them on the dashboard.
QUESTION: The attorney from Colorado indicated it is required in the City of Denver to inform an officer that you are armed–first I had heard of it. Please provide the Denver Municipal Code cite so I can include it in my classes when I advise students about the unique firearm ordinances in Denver. Thanks.
PJ,
The DMC doesn’t require this, nor does CO law. This is something that is printed on the license itself. It’s a special requirement imposed upon Denver license holders, so those in other counties should look on their licenses for similar requirements imposed by their local sheriff.
If you have any other questions, please call our non emergency business hotline on the back of your member card and speak to one of our Independent Program Attorneys.
What are the “rules” for a woman alone, if asked to step out of the vehicle, specifically in this era of officer impersonators? I would not be comfortable rolling my window all the way down nor shutting off my car unless sure it’s a real officer. Not to be argumentative, but for personal safety.
Chris,
If you are suspicious the person pulling you over may be impersonating a police offer, there a few precautionary steps you may take. If you pull over, make sure to stop your vehicle in a well-lit and public area. Also, request to see the officer’s credentials and tell the officer you would like him to call another officer to the scene. If you have a cellphone, you can call 911 and have them confirm the stop. Finally, you can drive to the nearest police station. Keep in mind, these are not legal rights under Colorado Law and rather suggestions for best practice in this type of situation. It is always important to comply with lawful orders by law enforcement.
If you have any other questions, please call our non-emergency business hotline on the back of your member card and speak to one of our Independent Program Attorneys.
Your guidance appears to be focused on concealed carry gun owners. What if you have a gun in your door map holder and you don’t have a concealed carry permit? Looking for any variations from the above write-up.
Andy,
A concealed handgun permit is not required in Colorado for a person to possess a firearm in a vehicle. However, as soon as you remove the firearm from the vehicle you are in violation of Colorado law if it is concealed.
If you have any other questions, please call our non-emergency business hotline on the back of your member card and speak to one of our Independent Program Attorneys.
Why should I inform the government that I’m engaged in a constituionally protected right? The second amendment isn’t designed to inform the government. It’s designed to protect me FROM the government.
Darin,
Of course, you’re welcome to avoid the advice of the above article and comments to be clear and disclose your possession of a firearm. But I think it borders on being argumentative, a real turn-off to most LE officers.
I always disclose to an LE officer, if in contact with one under any circumstances including a traffic stop, that I’m armed. I also disclose the position of the firearm while my hands are on the wheel. Then I ask the officer how he would like me to proceed to produce my license to carry and my drivers license, which in my case are stored in a pistol bag along with the weapon. I’ve no problem handing over the entire bag to the officer to allow him to possess the weapon during the stop and return the bag to me to fish out my driver’s license and concealed weapon permit.
Hey, I carry a lot of stuff in that bag and it’d probably take the officer some time to find them and would, in the process, have to take his eyes off of me and put him in danger if I was an assailant.
I demand that my wife, who also carries, do exactly the same thing in concert with me if she’s riding with me.
I think the best course of action in the case of an encounter with LE when you’re armed is to inform and ask for how the officer would like you to proceed so as to make him feel safe and secure rather than make it a Constitutional issue. After all, a misunderstanding could be misinterpreted, result in a confrontation and perhaps even your arrest.
Acknowledging the rights of an officer to practice his profession safely so he can return home in one piece is not an infringement on the 2nd Amendment. Be as professional towards them as you ask of the officer. IT PAYS!!!