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July 22nd, 2011, 09:22 PM #1
Getting pulled over while carrying?
What should you do when you get pulled over by a cop? If your open carrying or conceled carrying!
*Springfield XDM 3.8 * NRA Member
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July 22nd, 2011, 09:40 PM #2
Re: Getting pulled over while carrying?
Welcome to the forums...
First... You can use the search function located near the top of each page.
Second... You'll see that this has been answered many many times and it depends upon many things. What state you're currently in, whether or not the gun is legal, are you licensed to carry, do you have any warrants out for your arrest...etc...
http://forum.pafoa.org/general-2/350...dvice-leo.html
http://forum.pafoa.org/general-2/425...lled-over.html
http://forum.pafoa.org/concealed-car...ile-ccing.html
http://forum.pafoa.org/general-2/825...-carrying.html
http://forum.pafoa.org/concealed-ope...-over-cop.html
And on and on...
Also... I strongly urge you to read up on the firearms laws for Pa. http://www.pafoa.org/law
Again welcome to the forums, but please try out the search function first. Chances are very very high that your question has already been asked many times. Then if you still don't find what you're looking for, feel free to ask away.Last edited by PisnNapalm; July 23rd, 2011 at 12:04 AM.
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July 22nd, 2011, 09:58 PM #3
Re: Getting pulled over while carrying?
You are not required to notify, so therefore, your best bet is to stay quiet about carrying unless you are being taken out of the car to be searched for something, then you should tell them you are carrying, and that you have your LTCF. Otherwise, keep your mouth shut and likely the traffic stop will go smoothly and the cop will be none the wiser, and therefore, the simple traffic stop will not turn into an escalated situation.
IANAL, this is just my 2 cents worth.
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July 22nd, 2011, 10:41 PM #4Active Member
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Finleyville,
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Re: Getting pulled over while carrying?
Last time I was stopped in my jeep (Its big, and the tire arent covered) I was trying to find the current insurance card. Couldnt find it before the cop got to the door. I was OC on my way home from work after midnight on a sunday night. The "Commercial Vehicle Enforcement" unit stopped me.
When he got up to the window, I had already seen the sticker on his SUV, so when he got up to the window In a joking manor I said, "WTH hell are you doing here? Its sunday night. lol"
Cop: They are paving all night so I'm stopping the haul trucks. But when you have a foot of tire sticking out on a jeep, you just make my job too easy. I mean really??? You didnt even try to cover them!
Me: Yeah... I just finished building it, and figured I would be able sneak it to work and back so I could do a tranny fluid flush.
Cop: Bet you werent expecting to see me huh? You got your license, reg, and ins card?
Me: Heres my license, and registration, I couldnt find the current insurance card, but it I have an expired one in the glove box.
Cop: No problem, I can run it off of the expired one.
Me: Ok, before I get it, I have a sidearm at my 3 O'clock, it is not concealed. (My hands were on wheel, and I knew if i reached over for the ins card, he would have seen it)
Cop: You have your gun license on you?
Me: took it out of my wallet that was on the dash and gave it to him
Cop: OK, go ahead and get the ins card. As far as the gun goes, I'll make you a deal... Dont show me yours, and I wont show you mine.
Me: lol, deal. Gave him my ins card out of the glove box.
Tells me to sit tight. Comes back a few minutes later, hands me my stuff back.
Cop: Im giving you a verbal warning. Cover the tires. If you wanna keep it offroad, I dont care what you do. If its gonna be on the road, at least make it look like you TRIED to cover them. I mean trucks throw pebbles. Your tires will throwing boulders at people.
Me: Will do. Thank you so much. It would be bad karma to get a ticket in the first 10 miles of driving it after it was built.
Cop: Well, you held your end of the deal and didnt show me your gun. I get to go home, and you get to make covers for tires. Besides, I figure the money would be better well spent on fender flares than a ticket. Have a good night.
Me: Will do. Have a safe night.
So it depends on the cop and the tone he has when approches and if he will be able to see the gun.
I have had cops dis arm me after an accident, then the superior showed up and started questioning me about the gun. He threatened to take it, etc etc. Just a real douch.
Its a judgement call to be made by everyone who carries at the time of the interaction. Sometimes I do, sometimes I dont.
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July 23rd, 2011, 06:58 PM #5Member
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Philadelphia, PA,
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Re: Getting pulled over while carrying?
It might be good to mention there's a firearm in the vehicle if you're going to be reaching in the general area of it...
I got pulled over about 2 weeks ago and had my gun in the holster sort-of under a backpack on the passenger seat. I made sure I had my hands on the wheel when he approached the car, to make sure he didn't think I was reaching for it at any point. When he asked for my registration (which was in the glove box) I told him I had a LCTF and there was one in the vehicle, he just asked where, I pointed and told him verbally, he said just leave it there.
There's no duty to inform in PA but if I didn't tell him and it caught his eye as I was reaching for the glove box it could've ended very badly for me
On that note, I was very happy with how he handled it. He was a state trooper and after telling me to leave it alone he didn't mention it again (also didn't ask for LCTF)
Also gave me a very reduced ticket which was the best part
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July 23rd, 2011, 08:12 PM #6
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July 23rd, 2011, 08:26 PM #7
Re: Getting pulled over while carrying?
Generally, I believe in "don't talk to the cops."
However, sometimes with a firearm, things are different. There are occasions where I have had my firearm on my seat next to me, in plain view. In that case, I keep both hands on the wheel and when asked for my papers, I say "I have to go to my glove box to get them, and I just want you to know I have a firearm on my seat right there."
I've done that twice. Both times, they didn't care one iota.
Like others have said, there is no legal motivation to inform, but sometimes the situation warrants it. You simple have to take each moment as they come.
Good luck, stay safe.
Justin
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July 23rd, 2011, 11:27 PM #8
Re: Getting pulled over while carrying?
What about if you have it on ur hip in ur holster? Would that be any different?
*Springfield XDM 3.8 * NRA Member
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July 23rd, 2011, 11:50 PM #9
Re: Getting pulled over while carrying?
I don't know a single cop, member here or not, pro gun or not, who would not have, at the very least, a strongly cautious reaction to seeing a gun he was not made aware of on a traffic stop. If there is a chance the cop will see it, let him know, for your own safety. If there is no chance he will see it, keep your mouth shut, for your own safety.
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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July 24th, 2011, 12:20 AM #10Junior Member
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Re: Getting pulled over while carrying?
I'm surprised - reading this and similar threads, one gets the impression that most members here think the average cop is unreasonable. I feel the opposite - that they have tough jobs, they have to deal with a lot of BS from the general public, and that most cops are decent, polite, and friendly, if you treat them that way in return. I've been pulled over at least 20 times in my life (my fault entirely), enough times to develop strategies for dealing with cops and magistrates. One strategy is to make it easy on them. That means be polite & respectful, no lies or excuses (they've already heard them all), and make their job easier (dome light on, hands on the wheel, tell them before you reach into the glove compartment, etc.) Seems to me this is all common courtesy. Nine times out of ten, they'll give me a warning, or help to cut me a break in court. I get the impression that my behavior is much better than they're used to, and that they appreciate it.
I can understand why they'd like to know up-front if the car they just stopped has a gun in it. They can then decide how they'd like to control the situation. Just like the above posts, they'll usually do nothing. C'mon, put yourself in their shoes - wouldn't you appreciate that courtesy?
I've just started carrying. When (not if) I get pulled over again, I'll tell them.... except in Pittsburgh or Philly, where I'll probably STFU.
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