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Started By
Message
re: Concealed carry question when pulled over by cop.
Posted on 8/8/19 at 12:19 pm to Bedhog
Posted on 8/8/19 at 12:19 pm to Bedhog
quote:
IT is very simple. No matter if you are in possession of the physical ccw permit or not, you must inform the officer that there is a firearm in the vehicle. It's in the rules of becoming a CCW holder.
No, it's not "that simple." A permit holder who is armed with a handgun on his person is required to notify a LEO who approaches him "in an official manner."
Here's cut & paste from the LSP Rules:
A permittee armed with a handgun shall notify any police officer who approaches the permittee in an official manner or with an identified official purpose that he has a handgun on his person, submit to a pat down, and allow the officer to temporarily disarm him.
As I noted earlier, there is considerable legal debate over whether or not this provision applies to your car. Some claim that since (a) you're not required to do this when you're in your home - since that's doesn't constitute CCW, and (b) since your car is the proverbial extension of your home, (c) carry in your car doesn't constitute CCW.
There is no debate about the fact that the foregoing only applies to CCW permit holders - the requirement is contained in the state CCW rules.
I think the safest bet, if a permitee is driving with a handgun on his person, is to notify the cop who pulls you over. (But I - me, personally - wouldn't do so in New Orleans, unless asked, because of the numerous "reports" of drivers not getting their gun back.)
P.S. I, too, would like to see the cite for your statements.
Posted on 8/8/19 at 12:24 pm to dawg23
quote:I said call LSP
P.S. I, too, would like to see the cite for your statements.
Posted on 8/8/19 at 1:35 pm to Bedhog
That's not how this works. You don't get to claim facts contrary to legal text and then tell people to go make a phone call.
Posted on 8/8/19 at 1:38 pm to SpeckledTiger
quote:get over it.
That's not how this works. You don't get to claim facts contrary to legal text and then tell people to go make a phone call.
Posted on 8/8/19 at 1:39 pm to jbgleason
quote:then alert the officer that you are a CHP holder and where your weapon is located on your person.
Turn on your interior light, put your hands on the steering wheel and sit there. Wait until they get to the window. Yell “the window is broken, is it cool if I open the door?” Do what they say.
Posted on 8/8/19 at 1:41 pm to TidenUP
quote:In Louisiana you are required to alert an officer if you are carrying if the officer approaches you in an official manner.
If you are carrying, it was just a courtesy in my view.
Posted on 8/8/19 at 1:47 pm to Bedhog
quote:
That's not how this works. You don't get to claim facts contrary to legal text and then tell people to go make a phone call.
get over it.
quote:douchecanoe alert. You are and idiot
Bedhog
Posted on 8/8/19 at 10:07 pm to ctiger69
Maybe I'm wrong here but don't cops usually just ask about weapons anyway? Leave your hands on the steering wheel and tell the cop there is a weapon and where it is. Doesn't matter if you have a CCP or not. At least that's what I'm doing.
Posted on 8/8/19 at 10:28 pm to Hammertime
quote:
I've been pulled over probably 100 times
You're black?
Posted on 8/8/19 at 11:16 pm to LSU Tigershark
No, but I did get pulled over again tonight
quote:License, insurance, and registration. They never ask for weapons unless they are pulling you out
Maybe I'm wrong here but don't cops usually just ask about weapons anyway?
Posted on 8/8/19 at 11:22 pm to Hammertime
Is it not your responsibility in LA to inform the officer that you are armed?
Posted on 8/8/19 at 11:25 pm to MrLarson
I dunno. But it is probably a good idea. Maybe not a knife in the glovebox or something. I would think if he's walking back and forth to his car he would not want to just leave someone in their car with a gun of any type.
Posted on 8/8/19 at 11:26 pm to MrLarson
Read the rest of the thread
Posted on 8/8/19 at 11:38 pm to Hammertime
quote:
Read the rest of the thread
I just did and it's a pissing contest of right and wrong.
Posted on 8/11/19 at 3:30 pm to MrLarson
The statute is pretty clear. The gray area only involves whether sitting in your car constitutes CCW and thereby brings in to play the rule requiring notification of the officer.
If you have ccw, you presumably are amongst the law abiding and are not carrying for nefarious purpose. New Orleans cops notwithstanding (thanks for that tip!), the guy pulling you over may give you a ticket, but he's not your enemy. I can't think of a reason NOT to notify him, and only in part because of the ambiguous legality of not volunteering the info.
I've only been pulled over or interacted a few times since getting ccw, but I've always given the officer my permit along with my DL and stated either "I am armed and its in xyz location", "I am unarmed but there is a gun in the car in xyz location", or "I am unarmed and there are no firearms in the car"
I figure I've covered my bases there legally and set the officer's mind at ease as much as possible.
My experience has been either no reaction or change in demeanor at all by the officer, or a sense that he is generally relieved to find himself interacting with a rational nonthreatening citizen that passed an anal exam of a background check!
If you have ccw, you presumably are amongst the law abiding and are not carrying for nefarious purpose. New Orleans cops notwithstanding (thanks for that tip!), the guy pulling you over may give you a ticket, but he's not your enemy. I can't think of a reason NOT to notify him, and only in part because of the ambiguous legality of not volunteering the info.
I've only been pulled over or interacted a few times since getting ccw, but I've always given the officer my permit along with my DL and stated either "I am armed and its in xyz location", "I am unarmed but there is a gun in the car in xyz location", or "I am unarmed and there are no firearms in the car"
I figure I've covered my bases there legally and set the officer's mind at ease as much as possible.
My experience has been either no reaction or change in demeanor at all by the officer, or a sense that he is generally relieved to find himself interacting with a rational nonthreatening citizen that passed an anal exam of a background check!
Posted on 8/11/19 at 4:40 pm to Hammertime
You inform the officer you have a gun on your person and where and let him know your window is broke, keeping both hands on the steering wheel. He will tell you what to do next.
Posted on 8/12/19 at 10:53 am to luvdoc
I polled the concealed handgun instructors group on Facebook with this question.
As expected, it is not illegal to not inform the officer if the firearm is not physically on your body. However, it is in your best interest to inform the officer regardless and that is what I teach my students.
As expected, it is not illegal to not inform the officer if the firearm is not physically on your body. However, it is in your best interest to inform the officer regardless and that is what I teach my students.
Posted on 8/12/19 at 11:40 am to bapple
hey i reached out to you on getting a group together to get a class done, but i didnt get much interest. Mine expires this month. Do you have any refresher classes coming up i can jump into?
Posted on 8/12/19 at 11:53 am to CarRamrod
I must’ve missed the email or responded in a rush. I don’t have any refreshers scheduled but send me another message. Sorry about that.
Posted on 8/12/19 at 11:54 am to bapple
quote:oohh no you responded a while ago about the big class. i never emailed about the refresher. Ill email you.
I must’ve missed the email or responded in a rush. I don’t have any refreshers scheduled but send me another message. Sorry about that.
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