Requirements of Permit Carrier at Routine Police Stops

[dickrcopeland]

What is the recommended response for a concealed-carry permit holder when stopped for minor traffic violations, i.e. speeding, burned out tail light, etc.? Are we required to tell the officer that we are a permit holder and whether or not we are carrying?

Where in the law can one find information on this subject?

[lilredhunter]

I have never been one to volunteer information. I did that once and it created some problems. If the officer asks you if you are carrying then by all means tell him if you are. Then do everything he asks or tells you to do. If you alert the officer up front that you have a gun he will not hear the part about a permit. He will hear gun and the adrenaline kicks in. I volunteered info once and ended up face down on hot pavement with his weapon drawn on me. 99% of us carry concealed anyway and unless we are searched he isn't going to know it is there. That has been my experience with LEO. Especially those that are fresh from academy. I was told not to volunteer the info by several LEo friends of mine.Now if leo other places do this or not I don't know. But in Columbia anytime an officer stops you and runs your DL# , dispatch normally checks for a valid permit.

[Dan Lee]

Hello Dick,
There will certainly be varying opinions on this, & that's fine. The way to handle it will vary slightly depending on the circumstances. As far as I know you have no legal requirement to say anything at all. Although being polite regarding your infraction is recommended of course. In other words in making statements pertaining to the traffic stop.

As I understand it, they can look & see if you have a permit anyway, but you're not required to tell them.

If you have blue lights come on behind you, its not a bad idea to stick the firearm securely out of sight, & in a place where your'e NOT going to need to go for your Insurance & registration for obvious reasons.

Now me personally, if an officer asks me if I have any weapons in the car, I just tell them I do, where it is, & if asked, that I have a valid carry permit. I do that because Police appreciate direct & honest communication, & when you give them that, they almost never see the need to question you any further.

Now, if you are UNABLE to secure the gun out of sight before the officer reaches the car. Don't try.. Just roll down the window, & place your hands on the door frame where he can see them, & knows you aren't a threat to him. At your first opportunity tell him you have a LEGALLY Owned weapon next to you, & ask him if he would like to secure it until the stop is over. My understanding is that he has a right to do so if he feels it's necessary for any reason. Your demeanor means everything.. Chances are he will just say: "Just don't handle the weapon until we're done here.", or he'll ask you to step out of the car & conduct the business outside the vehicle. In my experience (two stops), most officers are respectful of your right to carry. Obviously never pick up a cell phone or anything that could be mistaken for a weapon of any kind, before you exit the vehicle. Officers are trained to be ready to react when firearms are present. If you need to retrieve something, just let him know what you need, & he can work out a safe way to get the item for both of you. (This is again, only if the weapon was left in plain view.)

Lastly, if the weapon is holstered, & he comes to the passenger side, make sure you've rolled the window down, & just keep your hands on the upper steering wheel. In my personal opinion it's best to let him know about the gun before he sees it himself. The vast majority of officers are just looking to go home safe at night, & open communication is not the same as giving up your rights. Be polite, & follow these simple rules, & I don't think you'll likely ever have a problem.

If I'm wrong about anything I've said, feel free to correct me. I'm here to learn as much as to share! Hope it helps..

[fl0at]

I always give the permit with my license, and always have both hands where he/she can see them. I don't come out and say "I have a gun," I simply don't say anything. I let him/her see the permit, and then if they ask, I tell them where I have it concealed.

[backwoodsman]

In Tennessee it is a HCP handgun carry permit, and there is no stipulation as to how you carry, open or concealed. If they pull you over, they know before they approach you if you have a carry permit, and to hand the officer your DL and your HCP is basically considered polite, however in Tennessee you are not required to inform the officer. If you want statutes, you can ask John or look them up, but that is the basics.

[GraceOutcast]

"I always give the permit with my license, and always have both hands where he/she can see them."

I have done that every time. It shows them I am a law abiding citizen that respects the law and it
allows them to drop their defensive nature. Every time so far the LEO has thanked me for doing so.

[lilredhunter]

[jarhead]

This was my last scenario on Mt. Juliet road last year: This was at 0520 after working third shift and headed home.
As I was moving to the side of the road I gathered my license and HCP, then rolled down the window. As the officer approached I kept both my hands on the top of the steering wheel. As soon as he reached my window I stated that I have a handgun carry permit. He then asked where the weapon was and I told him in a holster at my right side. He said to leave the weapon there. He asked for my license and registration. Before I moved my hands, I stated to him that I am now going to reach across to my glove box to retrieve my registration and waited for him to acknowledge. I like to announce every intended move to insure there are no "misunderstandings." I want him to know where my hands are at all times. I'm not there to prove anything; I just want to get this traffic stop over with and be on my way. Chances are very good that I'm guilty anyway if I am stopped. As much as I would like to say otherwise, I don't think I've ever been pulled over where I wasn't really speeding or had committed some other violation.
Traffic stop went smoothly. I left there with a $140 speeding ticket which I paid.
The weapon was never mentioned again.

[lilredhunter]

Well it seems that would be the smoothest way to handle it. Present the officer with both and let him dictate how he handles it from there. If I ever get stopped again that will be the way I handle the situation. After knowing the gun was there and the calm way you reacted de-escalated the situation upfront and your stop went smooth.

[ProguninTN]

[bill9755]

Speaking from my experience in law enforcement training and operating in Maury County for eight years, I can not remember a time that I ran a tag number that the dispatcher did not advise me of the owner and if they had a valid HCP. Things might have changed, but I don't think so. Also ,I always keep my DL and HCP together and present both to the officer at the same time.

[ProguninTN]

[bill9755]

[lilredhunter]

Bill is right in Maury County the dispatchers will run the DL and try to acquire as much info as possible before effecting the stop. Now with the city dispatchers they don't have the luxury of being able to do it that way becuase of call volume. So they will wait until the stop is effected then when the PD unit asks for a DL check then they will check for the permit at the same time. When Barry was Chief we discussed this and he stated that call volume was too high and not really knowing who is actually driving to do that. So there is some difference in the way the SO and PD do things. The SO call volume is no where near as high as PD volume.