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Started By
Message
re: Concealed carry question when pulled over by cop.
Posted on 8/7/19 at 9:06 pm to REB BEER
Posted on 8/7/19 at 9:06 pm to REB BEER
If the gun is not on your person you do not have to say anything. If you have it stored where you might have to access while they have you stopped, it would be a good idea to let them know.
Having a gun hidden in you car is not considered concealed in Louisiana.
Having a gun hidden in you car is not considered concealed in Louisiana.
0
Posted on 8/7/19 at 9:28 pm to 007mag
quote:
Additionally, when any peace officer approaches a permittee in an official manner or with an identified purpose, the permittee shall:
Notify the officer that he has a weapon on his person;
Submit to a pat down;
Allow the officer to temporarily disarm him.
Granted I haven't been in La since 2005 but, isn't La an open carry state where you need no permit to have a firearm in your vehicle?
Posted on 8/7/19 at 11:20 pm to TidenUP
quote:No permit is required to have a loaded handgun in your vehicle - nor is one needed to have one in your home.
isn't La an open carry state where you need no permit to have a firearm in your vehicle?
There is an unsettled legal issue about notifying a LEO if he approaches you in an official capacity.
Some attorneys think that carrying in your vehicle (or in your home) isn't CCW under La. statutes. They opine that only if/when you exit the vehicle (which is considered to be an extension of your home) are you engaged in CCW - so you don't have to notify the LEO when he pulls you over (unless you're told to step out of the vehicle).
The opposing opinion is that carrying in your vehicle does constitute CCW, and you're thus required to notify the officer if he pulls you over.
I've only been stopped a few times while carrying. I always hand the LEO my permit when I hand him my driver's license. (The one place I don't do this is in Orleans Parish (where, according to CCW lore, the cops have a reputation for keeping your gun).
If you get pulled over in La., and if you have a La. handgun permit, the cop will know this as soon as he runs your driver's license thru his MDT. So you shouldn't be surprised if you are asked about firearms.
Posted on 8/8/19 at 7:09 am to dawg23
quote:
If you get pulled over in La., and if you have a La. handgun permit, the cop will know this as soon as he runs your driver's license thru his MDT
I did not know this. Learn something new every day.
To the OP, just listen and be courteous to the officer and there won't be an issue.
Posted on 8/8/19 at 7:11 am to jbgleason
quote:
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.
This is 95% of the answer....the remaining 5% is fix the damn window.
Posted on 8/8/19 at 7:23 am to ctiger69
Ok...I'm confused.
I thought no matter whether you're carrying or not you're obligated by law to show the officer your CC permit when you hand over your license and registration/proof of insurance.
If this is not true, someone needs to educate the officers of the town of Georgetown, La. I got caught in their little speedtrap of a city and did what I thought I had to do (show my CC permit)...
Apparently he didn't know what it was at first so I told him and I said I wanted to make sure I gave that to you...he responded, "It's a good thing you did, because it's the law".
I did have my weapon in the truck but he never asked for it or anything.
So is it required BY LAW to submit your paperwork carrying or not?
I don't have a problem giving it up...I just want to know if that redneck city cop knows the law or not.
I thought no matter whether you're carrying or not you're obligated by law to show the officer your CC permit when you hand over your license and registration/proof of insurance.
If this is not true, someone needs to educate the officers of the town of Georgetown, La. I got caught in their little speedtrap of a city and did what I thought I had to do (show my CC permit)...
Apparently he didn't know what it was at first so I told him and I said I wanted to make sure I gave that to you...he responded, "It's a good thing you did, because it's the law".
I did have my weapon in the truck but he never asked for it or anything.
So is it required BY LAW to submit your paperwork carrying or not?
I don't have a problem giving it up...I just want to know if that redneck city cop knows the law or not.
Posted on 8/8/19 at 7:50 am to NASA_ISS_Tiger
I'm confused now as well. At my CC class I was told that you didn't have to show it if you weren't carrying. I was also told that if you have you gun in your car you didn't have to show unless you were getting out of the car but it is wise to do so.
They have a tendency to make shite up. They just hope folks don't know what their rights are so they can violate them.
quote:
.I just want to know if that redneck city cop knows the law or not.
They have a tendency to make shite up. They just hope folks don't know what their rights are so they can violate them.
Posted on 8/8/19 at 8:11 am to ctiger69
If it is a busy highway they approach from the passenger side. It is safer. Plenty of HP officers have been hit by a car and died when approaching from the Driver's side. I'm sure the number has increased because of texting and driving. This is my experience last couple of years.
If you can buy a new truck you can afford to get your window fixed. buy natty ice for a few weekends instead of hipster IPAs
If you can buy a new truck you can afford to get your window fixed. buy natty ice for a few weekends instead of hipster IPAs
This post was edited on 8/8/19 at 8:15 am
Posted on 8/8/19 at 8:25 am to celltech1981
quote:
I'm confused now as well. At my CC class I was told that you didn't have to show it if you weren't carrying. I was also told that if you have you gun in your car you didn't have to show unless you were getting out of the car but it is wise to do so.
It's really this simple.
If you are the carrier of a CCW permit in Louisiana and you have a weapon on you or in your vehicle concealed and are pulled over in your vehicle, you must notify the law enforcement officer that you are in possession of a firearm.
If you are not a CCW permit holder and are pulled over , you are not obligated by law to inform the officer of a firearm in your vehicle.
Posted on 8/8/19 at 8:32 am to Bedhog
So if I forget my wallet and the firearm is in the center console, if I have a CCL I'm in violation of the law but if I don't have a CCL it is fine?
Posted on 8/8/19 at 9:09 am to celltech1981
My understanding of it is that it has to be concealed on your person. Anywhere else in the vehicle is good. If it's within arms reach or visible to the cop, I'll tell them, but that's just courtesy
Posted on 8/8/19 at 9:15 am to celltech1981
quote:not sure how you came to that conclusion from my post.
So if I forget my wallet and the firearm is in the center console, if I have a CCL I'm in violation of the law but if I don't have a CCL it is fine?
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.
Posted on 8/8/19 at 9:23 am to Bedhog
quote:
not sure how you came to that conclusion from my post.
I'm bored at work and thinking in to it to much lol, I plan on showing my CCL if I get pulled over.
quote:
The permit shall be retained by the permittee who shall immediately produce it upon the request of any law enforcement officer. Anyone who fails to do so shall be fined not more than one hundred dollars.
Additionally, when any peace officer approaches a permittee in an official manner or with an identified purpose, the permittee shall: Notify the officer that he has a weapon on his person; Submit to a pat down; Allow the officer to temporarily disarm him.
I guess I'm hung up too much on the underlines portion. Is a firearm in the center console or in the trunk of my vehicle while I'm operating the vehicle considered on my person? I was wondering if I had a gun in my vehicle but dropped my wallet in the woods or something would that be an issue.
Posted on 8/8/19 at 9:26 am to Bedhog
quote:
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.
I'm 99% sure you are wrong. The CHP is in no way tied to any action that does not involve you carrying a weapon on your person. If you have a legal citation or precedent stating otherwise, please post it.
Posted on 8/8/19 at 9:26 am to celltech1981
If you had an office chair in your trunk, would that be considered "on your person"?
It means touching your body
It means touching your body
Posted on 8/8/19 at 9:33 am to Hammertime
quote:If an officer pulls you over and you're a legal holder of a CCP, the officer sees the grip of your gun hanging out from under the center console of your truck and you don't tell him anything I'm sure there's going to be a problem. You need to talk with State Police and specifically ask them the wording of a gun being in the vehicle but not on your person and you being a CCP holder.
If you had an office chair in your trunk, would that be considered "on your person"?
It means touching your body
Posted on 8/8/19 at 9:55 am to Bedhog
quote:
R.S. 40:1379.3 I(2) A permittee armed with a handgun in accordance with this Section shall notify any police officer who approaches the permittee in an official manner or with an identified official purpose that he has a weapon on his person, submit to a pat down, and allow the officer to temporarily disarm him. Whenever a law enforcement officer is made aware that an individual is carrying a concealed handgun and the law enforcement officer has reasonable grounds to believe that the individual is under the influence of either alcohol or a controlled dangerous substance, the law enforcement officer may take temporary possession of the handgun and request submission of the individual to a department certified chemical test for determination of the chemical status of the individual. Whenever a law enforcement officer is made aware that an individual is behaving in a criminally negligent manner as defined under the provisions of this Section, or is negligent in the carrying of a concealed handgun as provided for in R.S. 40:1382, the law enforcement officer may seize the handgun, until adjudication by a judge, if the individual is issued a summons or arrested under the provisions of R.S. 40:1382. Failure by the permittee to comply with the provisions of this Paragraph shall result in a six-month automatic suspension of the permit.
So if you have a permit but aren't carrying a weapon on your person, you don't have to inform the officer that you have a CCW.
In my CCW class (in Colorado) we were told not to say anything about a firearm unless asked and not to offer your CCW permit. The thinking is that you're not going to shoot the officer so why raise his stress level? In this particular case, he's better off not knowing. But of course the laws are different in different states so you need to know the laws where ever you are and act accordingly.
This post was edited on 8/8/19 at 10:01 am
Posted on 8/8/19 at 10:13 am to Hammertime
quote:
I've been pulled over probably 100 times,
That, in and of itself, is amazing...
Posted on 8/8/19 at 10:17 am to MountainTiger
quote:
R.S. 40:1379.3 I(2) A permittee armed with a handgun in accordance with this Section shall notify any police officer who approaches the permittee in an official manner or with an identified official purpose that he has a weapon on his person,
It doesn't say you have to do that verbally. Theoretically, you could produce a handwritten sign...
Posted on 8/8/19 at 10:22 am to Bedhog
Yeah, he might have a problem with it, but legally, that's as far as it'll go in court. You aren't required to say anything unless it's physically on your person and concealed. Otherwise, it's up to you whether or not you say anything.
Like I said earlier, I always tell them if I can reach it, or if they can see it. It's just courtesy, and most don't even care. They just say something like, "Okay, just don't grab it, and we won't have a problem"
Like I said earlier, I always tell them if I can reach it, or if they can see it. It's just courtesy, and most don't even care. They just say something like, "Okay, just don't grab it, and we won't have a problem"
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