What do you do if you’re legally carrying a concealed weapon and are stopped by the police? I’ll lay out a commonsense approach about what you should and should not do. This isn’t legal advice. Rather, it’s a practical approach to avoiding having the situation escalate from an inconvenience into a catastrophe. In today’s world, police must be on full alert at any traffic stop. The media is full of stories about officers being gunned down by the occupants of a car they stopped. Every officer understands that any traffic stop has the potential to become deadly. As a result, they may be on edge during a stop. They don’t know you and you don’t want to have the situation go south.
Your first responsibility is to know and comply with the concealed carry laws of the state that you’re in. That could be your home state, or a state that you’re just driving through. Personally, before going into any other state, I check the restrictions and requirements of that state. There are several websites that provide free summaries of the firearm laws of each state. I use both the National Rifle Association (NRA) and the U.S. Concealed Carry Association (USCCA) pages because they are frequently updated and I find their formats to be concise and useful. But, there are plenty of other webpages and services that can be very helpful as well. Of course, such sites provide general information only and are not on par with the advice of an attorney practicing firearms law in that particular state.
Here’s a link to the NRA’s guide to state gun laws: https://www.nraila.org/gun-laws/state-gun-laws/
Here’s a link to the U. S. Concealed Carry Association’s (USCCA) free state gun law guide: https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/?tID=5e28ba733f3ca&utm_source=&utm_medium=&utm_campaign=&utm_term=&utm_content=
So, let’s go back to my initial question. Just what do you do, and not do, if you’re legally carrying a concealed firearm and are stopped by the police? The officer has no idea what he/she will encounter. From the officer’s perspective, the driver could be anything from an escaping terrorist to the nicest little grandma ever. It’s in your best interests to make this situation as easy and low threat for the officer as possible. Officers are increasingly being targeted for violent crime. Remove as many perceived threats to the officer as you can.
Do’s / Don’t’s:
- Using your turn signal, pull over and stop in a safe place.
- Stay in your vehicle. Do not jump out of the car and walk back to the officer.
- Advise any passengers to stay in the car and keep their hands visible.
- Put your vehicle in park, turn the engine off, put your keys on the dash and keep your foot off the brake. This will help assure the officer that you’re not planning an escape.
- If it’s dark out, turn on the interior light.
- Open your window.
- If your rear window is tinted, open it as well.
- Put your hands on the steering wheel and leave them there. If you move them pursuant to the officer’s instructions (e.g. to get your registration or license) move them slowly and keep them visible to the extent possible. The officer will want to see your hands. That’s where the most likely threat would come from.
- Do not rummage around in the console or glove compartment looking for your registration and proof of insurance. From the officer’s perspective, that looks a lot like you’re reaching for a weapon. It’s a good thing to keep yourself squared away with your driver’s license and concealed carry permit on your person and to know exactly where your vehicle registration and proof of insurance are in the vehicle.
- Look at the officer when answering any questions.
- Try to maintain eye contact (This is not a glare down).
- Remain calm. Be polite. It doesn’t matter if you’re late to something, have important stuff to do, or think the stop is BS. None of that matters. What matters is that you stay safe. Do yourself a favor and stay cool, calm and collected.
- Speak clearly and concisely.
- Follow instructions. Make sure the officer knows what you’re going to do. Avoid surprises.
- No matter what, don’t be a jerk.
Some states require that you inform the officer that you have a weapon in the vehicle. Others require that, if asked, you must disclose that you have a weapon. Pennsylvania does not require that the officer be informed of the presence of a weapon. But, you don’t want the officer to have a surprise discovery of a weapon. Many people believe the best bet is to inform the officer that you have a concealed weapons permit, that you have a weapon and to tell the officer where it’s at. Don’t say, I’ve got a gun. Say something along the lines of, “ Officer, as a courtesy, I want you to know that I have a permit to carry a concealed firearm and that I have one in a holster on my hip on my right side (in the glove box, in the center console, or wherever). Another approach is if you are asked for your driver’s license to also provide your concealed carry permit. Remember to keep your permit current. An expired permit doesn’t help you much.
If you disagree with anything the officer is doing, try politely asking a question to clear up any confusion. If the answer doesn’t address your concerns, ask to speak with an attorney.
Right now (before you have any interaction with law enforcement and before there’s any unfortunate situation wherein you have to rely on your firearm) is a good time to consider obtaining an insurance policy that covers your concealed carry. There are a number of such policies with a broad range of coverage options offered by various companies. I don’t want to plug any particular provider. To help you make the best decision for your situation, here are three links to fairly recent comparisons of the coverage of different providers:
Sniper country: https://www.snipercountry.com/concealed-carry-insurance-comparison/
Firearm Review: https://www.firearmreview.com/comparison-concealed-carry-insurance/
Concealed Carry: https://www.concealedcarry.com/self-defense-gun-owner-insurance-programs-compared/
Stay safe. Train well.
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