# What to do when pulled over & have a concealed weapon

**URL:** <https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128>\
**Category:** Factual Questions\
**Created:** [April 8, 2013, 2:15am UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128 "2013-04-08T02:15:28Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![engineer\_comp\_geek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/engineer_comp_geek/32/504_2.png) [@engineer\_comp\_geek](https://boards.straightdope.com/u/engineer_comp_geek)\
**Post date:** [April 8, 2013, 4:38am UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/21 "2013-04-08T04:38:42Z")

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> [@Airman\_Doors\_USAF](#):
>
> Actually, [you are not required to inform the officer](http://www.handgunlaw.us/states/pennsylvania.pdf), though it would certainly be in your best interest to do so if he asks you to get out of the car. Keep your hands visible, inform the officer you have a CCW license, and let him take care of the rest. Otherwise, you do not have a duty to inform.

Is this a recent change? This was on page 2 of the application instructions I received from the Sheriff’s Office of York County:

> [@](#):
>
> 1. If you are carrying a firearm and come into contact with a Law Enforcement Officer, follow all  
> instructions you are given. Do not make any sudden moves, keep your hands visible, and notify the  
> officer immediately that you have a firearms license and a firearm on your person.

There was this 2 page (or single page front and back) set of instructions, along with a 2 page application which had to be printed onto a single sheet double sided, and a third form about contact information.

Looking on the York County web site now this instruction page is no longer there (or if it is I couldn’t find i).

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**Author:** ![Airman\_Doors\_USAF](https://avatars.discourse-cdn.com/v4/letter/a/e36b37/32.png) [@Airman\_Doors\_USAF](https://boards.straightdope.com/u/Airman_Doors_USAF)\
**Post date:** [April 8, 2013, 4:51am UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/22 "2013-04-08T04:51:17Z")

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[My county sheriff says the same thing on his website](http://www.ccpa.net/index.aspx?NID=3094), yet it is not supported by the actual law. It is deemed a “tip” rather than an instruction.

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**Author:** ![Machine\_Elf](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@Machine\_Elf](https://boards.straightdope.com/u/Machine_Elf)\
**Post date:** [April 8, 2013, 12:13pm UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/23 "2013-04-08T12:13:12Z")

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> [@pkbites](#):
>
> FYI, many officers, including myself, include the question in our verbal judo spiel:  
> _ **“Good morning, I am Deputy Beitz with the County Sheriffs Office. The reason I pulled you over today is because I clocked you with radar going 92 miles per hour. The speed limit here is 65. Please show me your drivers license and insurance card. Do you have any weapons in the car? Any guns, knives, nuclear bombs?”** _
> 
> All that takes about 10 seconds, and sets up the question quite quickly. The person is set up to either answer truthfully or give me another charge to add on when I find out they’ve lied to me.

If the detainee answers, no doubt he is obligated to answer truthfully. But is he in fact obligated to answer at all, or can he rest on his fifth amendment right to not provide any info other than his name (and license/registration if operating a motor vehicle)?

A friend (a retired border patrol agent) wrote [this essay](http://www.wildwestcycle.com/f_johnlaw.html) about how to comport oneself during a traffic stop, and offered this bit of advice re: concealed weapons:

> [@Pilgrim](#):
>
> Most CCW permits are not valid out of their home state though, so what do you say if you’re on the road away from home and he asks if you have a gun? My carefully-considered answer tells the officer that I am not “carrying” a weapon (as opposed to not having one, which I probably do, buried in my saddlebag.)
> 
> As a self-protective measure, he is entitled to know whether or not I have one on my person. To ask more than that though, is to request that I confess what may be a crime in his state. No Miranda warning is required before he asks, either, so don’t get confused on that issue. If he pursues the matter and gets specific about having one somewhere else, I would just reply again that I’m not carrying. Your failure to respond directly does not, by itself, become probable cause for him to get a warrant and search your bag for something.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [April 8, 2013, 12:47pm UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/24 "2013-04-08T12:47:25Z")

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> [@pkbites](#):
>
> 😕  
> Everything I’ve seen online says Pennsylvania is not a mandatory inform state.

I am in PA and as far as I know am not _required_ to inform. The cop who helped me get my permit suggested I do it though.

It is a good icebreaker. Last time I was pulled over for speeding, I handed over my license, carry permit, registration, and insurance. I told the officer I had a handgun in my glove compartment. He asked what it was, and I offered to show it.

He looked it over and mentioned that it was a good gun (S&W .357 mag). He also suggested I clean the excess oil he noticed at the trigger top. He suggested I obey the posted speed limit and sent me on my way!

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**Author:** ![lieu](https://avatars.discourse-cdn.com/v4/letter/l/c2a13f/32.png) [@lieu](https://boards.straightdope.com/u/lieu)\
**Post date:** [April 8, 2013, 12:57pm UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/25 "2013-04-08T12:57:58Z")

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Do you have to have a CCW license to have a handgun in your car? Does it make a difference if it’s in the glovebox or out in the open?

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**Author:** ![ChickenLegs](https://avatars.discourse-cdn.com/v4/letter/c/ecc23a/32.png) [@ChickenLegs](https://boards.straightdope.com/u/ChickenLegs)\
**Post date:** [April 8, 2013, 1:03pm UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/26 "2013-04-08T13:03:08Z")

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> [@pkbites](#):
>
> Yes to both
> 
> Where? Here in Wisconsin nothing is connected to the Concealed carry license database. And I can only run someones name through the CCL database if it has to do with carrying a concealed weapon. If I were to just randomly run someones name through it just because I was curious if they had a CCL (this includes on a traffic stop) I would be committing a crime.

Aaahh. Perhaps I am misinformed. Thanks.

I do know a guy in Wyoming who was pulled over for suspicion of DUI. The officer told him “We see you have a CCW license. Do you have your gun with you?” He had not shown him his license or made mention of it.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [April 8, 2013, 1:45pm UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/27 "2013-04-08T13:45:49Z")

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> [@Machine\_Elf](#):
>
> If the detainee answers, no doubt he is obligated to answer truthfully. But is he in fact obligated to answer at all, or can he rest on his fifth amendment right to not provide any info other than his name (and license/registration if operating a motor vehicle)?
> 
> A friend (a retired border patrol agent) wrote [this essay](http://www.wildwestcycle.com/f_johnlaw.html) about how to comport oneself during a traffic stop, and offered this bit of advice re: concealed weapons:

A better piece of advice would be to familiarize yourself with the laws in the state you are going to and then don’t break them. If you want to continue to be a lawful gun owner.

In my 15 years of working this has never come up. A CCW in NJ is rarer than unicorns. If I come in contact with someone carrying a gun they have either been cops or criminals.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [April 8, 2013, 1:47pm UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/28 "2013-04-08T13:47:12Z")

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> [@lieu](#):
>
> Do you have to have a CCW license to have a handgun in your car? Does it make a difference if it’s in the glovebox or out in the open?

There are probably 50 answers to that.

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**Author:** ![engineer\_comp\_geek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/engineer_comp_geek/32/504_2.png) [@engineer\_comp\_geek](https://boards.straightdope.com/u/engineer_comp_geek)\
**Post date:** [April 8, 2013, 3:04pm UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/29 "2013-04-08T15:04:34Z")

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> [@lieu](#):
>
> Do you have to have a CCW license to have a handgun in your car? Does it make a difference if it’s in the glovebox or out in the open?

As **Loach** said, there are probably 50 different answers to that.

A Pennsylvania License To Carry Firearms (LTCF) allows you to carry a loaded weapon in a vehicle. It can be out in the open or concealed.

Without a LTCF you basically can only take a handgun to and from someplace (like a shooting range or taking it home from the shop where you just bought it). You can’t just carry it around in your glove box. The handgun shouldn’t be easily accessible, and it must be unloaded and the ammunition must be in a separate container.

Some other rules apply but that’s the basic gist of it.

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**Author:** ![lieu](https://avatars.discourse-cdn.com/v4/letter/l/c2a13f/32.png) [@lieu](https://boards.straightdope.com/u/lieu)\
**Post date:** [April 8, 2013, 3:11pm UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/30 "2013-04-08T15:11:41Z")

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Yes, thanks, I tried to add Texas but had timed out. I did find a releveant [answer](http://answers.yahoo.com/question/index?qid=20091223024003AAY10t6) w/ caveats and appropriate links. I’m over 21 and not a felon so I can keep a loaded one in the glovebox without a CC permit and do have to inform the police if asked.

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**Author:** ![Crafter\_Man](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crafter_man/32/458_2.png) [@Crafter\_Man](https://boards.straightdope.com/u/Crafter_Man)\
**Post date:** [April 8, 2013, 3:15pm UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/31 "2013-04-08T15:15:52Z")

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As others have mentioned, it depends on the laws of your state.

I live in Ohio and have had a concealed handgun license (CHL) for over seven years. If I am pulled over in my vehicle by an LEO, and I am in possession of a loaded handgun, Ohio law requires me to inform the LEO that I am in possession of a loaded handgun at the first available opportunity.

I have been pulled over twice since receiving my CHL, both times for speeding. The first time I had my (loaded) handgun on me. I promptly informed the LEO of this as soon as he walked up to my window. It was not an issue for him. He didn’t even ask to see my CHL. But he still gave me a speeding ticket. ☹ The second time was just a couple weeks ago. I was coming home from work and was pulled over by a sheriff’s deputy. I was not carrying my handgun, so I did not inform him of my CHL status. When he came up to my window he asked, “Are you carrying your handgun, sir?” I said, “No. I work at an Air Force Base, and we’re not allowed to bring firearms on base.” He gave me a warning. My first ever. 🙂 I like to think that the fact I had a CHL helped me.

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**Author:** ![skdo23](https://avatars.discourse-cdn.com/v4/letter/s/a5b964/32.png) [@skdo23](https://boards.straightdope.com/u/skdo23)\
**Post date:** [April 8, 2013, 4:36pm UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/32 "2013-04-08T16:36:32Z")

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> [@Ambivalid](#):
>
> (my bold)
> 
> Why do you guys always throw in a obviously ridiculous option at the end? If it’s not “nuclear bombs”, it’s “bazookas” or “rocket-launchers”. It’s such a common thing, there _must_ be a tactical reason behind it.

A police officer on some “COPS” type show once explained that he asks that question (in his case, if there’s a dead body in the trunk) because the motorist’s demeanor will often indicate if they have anything to hide, i.e. if they are innocent they will usually chuckle or smile (I assume this is usually true even if they think the joke is lame, given the power disparity b/w the cop and the motorist), whereas someone with any type of contraband will usually become agitated, and may even enthusiastically own up to having something like a small quantity of drugs or stolen property to demonstrate that they are just a petty criminal and not a murderer.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [April 8, 2013, 5:14pm UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/33 "2013-04-08T17:14:51Z")

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> [@ChickenLegs](#):
>
> Aaahh. Perhaps I am misinformed.

Maybe not. There could also be 50 answers to this.

In Wisconsin I cannot just search the CCL database just to see if someone has one without probable cause relating to them carrying a concealed weapon (here the permit covers knives, clubs, and electric weapons as well as handguns, but not long guns). To do so is a jailable offense. And the law is written specifically to keep law enforcement in line.

In Wisconsin one can openly carry a weapon in a vehicle without a permit. The Attorney Generals Office has given an opinion that open carry in a vehicle is above the door handle line and easily discernible upon approach to an auto window.

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**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\
**Post date:** [April 8, 2013, 7:28pm UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/34 "2013-04-08T19:28:16Z")

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In CA if you admit to having a weapon in your vehicle or one is visible then you automatically waive your right to not be searched on your person and in your vehicle. If an officer asks me if I have any weapons in the vehicle the answer is “I have nothing illegal in the vehicle.”

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**Author:** ![Arkcon](https://avatars.discourse-cdn.com/v4/letter/a/96bed5/32.png) [@Arkcon](https://boards.straightdope.com/u/Arkcon)\
**Post date:** [April 8, 2013, 7:55pm UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/35 "2013-04-08T19:55:03Z")

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> [@Sicks\_Ate](#):
>
> Isn’t it obvious? Don’t tell them you have a concealed firearm, then when you go to get your license, pull out the gun instead and show it to them. Try to do it quickly, so it’s like a funny surprise!!
> 
> Stupid.

Even better, when pulled over, and you _ **don’t** _ own a gun, respond to their request by rapidly going for your glove compartment. Its a great way to see Barney Fife up close, often accompanied by a “Woah” and a fumbling for his own weapon.

This has happened to me three times, so I’m not just being snarky.

Do _ **nothing** _ quickly when pulled over. Convince yourself you’re not mad at being pulled over, convince yourself you’re not inconvenienced, convince yourself you will get a chance to plead your point of view soon (you won’t and it will not help you, but venting won’t make it so.) When I’ve been pulled over since the times mentioned above – perhaps once or twice, and I kept my hands on the dash and responded …" “My documents are in my left front pants pocket, do you want me to get them now?” The officer might have changed his stance or state of readiness, but he didn’t seem exasperated by my delay, I think they get from my “hands on the dash” pose my intent. If they don’t, I’ll will mention to them my 3 previous visits from Barney Fife.

Seriously, they carry a gun, a taser, a baton, and a walkie talkie that you could club a polar bear with. And they’re worried about me. I mean, they have to worry about angry gun nuts … but I know me. I’d never … oh well, what’s the use …

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [April 9, 2013, 12:12am UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/36 "2013-04-09T00:12:22Z")

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> [@Bone](#):
>
> In CA if you admit to having a weapon in your vehicle or one is visible then you automatically waive your right to not be searched on your person and in your vehicle.

:dubious:

Cite?

What if the person has a valid concealed carry permit? If it’s not illegal for them to be armed, where does the PC to search the vehicle come in?

(and yes, there are people in California that have concealed carry permits. In some locations it’s not all that hard to get one).

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**Author:** ![obbn](https://avatars.discourse-cdn.com/v4/letter/o/d6d6ee/32.png) [@obbn](https://boards.straightdope.com/u/obbn)\
**Post date:** [April 9, 2013, 1:30am UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/37 "2013-04-09T01:30:34Z")

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I was pulled over two weeks ago and I was transporting a rifle. When the officer approached I informed him that I was transporting a rifle and it was in the back of the vehicle. He thanked me for telling him and then have me a $250 ticket!

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**Author:** ![Sicks\_Ate](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Sicks\_Ate](https://boards.straightdope.com/u/Sicks_Ate)\
**Post date:** [April 9, 2013, 2:27am UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/38 "2013-04-09T02:27:04Z")

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> [@Arkcon](#):
>
> Seriously, they carry a gun, a taser, a baton, and a walkie talkie that you could club a polar bear with. And they’re worried about me. I mean, they have to worry about angry gun nuts … but I know me. I’d never … oh well, what’s the use …

To be fair, if they have modern equipment the hand-held radios/extenders and conductions mics are pretty lightweight. 😉

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**Author:** ![Jack\_Batty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jack_batty/32/3201_2.png) [@Jack\_Batty](https://boards.straightdope.com/u/Jack_Batty)\
**Post date:** [April 9, 2013, 2:30am UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/39 "2013-04-09T02:30:41Z")

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What’s the problem? Just pull your gun out and show it to the cop. Guns aren’t dangerous; they’re just tools. And cops love guns! They all carry them. Imagine the yuks you’ll get to share with some lucky police officer, chuckling over all those pussies who are afraid of guns. I can’t imagine a more enjoyable way to spend a Sunday morning.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [April 9, 2013, 2:30am UTC](https://boards.straightdope.com/t/what-to-do-when-pulled-over-have-a-concealed-weapon/655128/40 "2013-04-09T02:30:54Z")

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> [@Arkcon](#):
>
> I mean, they have to worry about angry gun nuts .

Don’t you just mean “angry nuts”? Who are the “gun nuts” police officers have to worry about in magnitude?

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