Procedure(s) for traffic stop with handgun? LEOs only please!

[Kiohtee]

My method for stopping for LE before buying a handgun was as follows:

• All windows down
• Car turned off
• Interior lights on if dark
• Hands on steering wheel
• Inform officer(s) of where my license and registration are and ask for permission to move for it

Can I keep my method or do I need to refine it somewhat? And at what point, as a LEO, would you like me to say anything about my unconcealed gun sitting in the passenger seat?

 

[u n v kenny]

Well, if it's not concealed and on/in the passenger seat, I would hope the LEO would see it. But:

All states are different with gun laws inside vehicles.

In Florida, you can carry it in an enclosed container/center console/glove compartment, etc whether it's holstered or not (just need to be enclosed, or a snapped holster concealed of some sort). Not sure about NC laws.

Also, if you do carry a gun in your vehicle (or if you removed it but don't remember if you put it back in your vehicle), let to LEO know almost ASAP. Generally the LEO will provide you information (PC) on why he stopped you. When it's your turn to speak or answer his direct questions, add in that you do have a firearm in the vehicle.

"I'm deputy/officer blah blah with the blah blah police department/sheriff's office. The reason I pulled your vehicle over (insert traffic violation). Is there any reason for you to be blah blah blah?"

Around that point, keep your honesty and get to the point with a brief explanation (notice I said brief). IE: "No sir, but just a heads up, I have a loaded firearm between my center console and passenger seat."

HOPEFULLY, around that point (which varies depending on the human being aka LEO), while conducting their investigation (doing paperwork, running your information, writing you a citation/warning), they may want that firearm (or you) removed from the vehicle, just for their safety (they may also want to run the serial number on the firearm with NCIC).

I have seen, and done some times, due to the honesty of the violator, and his respect to inform myself; may call for back up, just to stand watch over that violator (you), and the firearm while the investigation is being conducted (again, for everyone's safety). I can't stress enough that it depends on who the deputy/officer is, they may just want to separate you from that firearm. Comply if that's the case.

If by any reason they remove you from the vehicle, or the firearm for that matter, just be aware that it is just for their (LEO) safety. Your compliance will (should) go along way. The more you're cooperative, the quicker the traffic stop is conducted.

I feel like I've babbled all over the place, but hopefully that gives you an insight.

 

[NEp8ntballer]

on the passenger seat sounds like a dumb place for a handgun imo... It's in plain sight but it could go flying around or leave the vehicle in the event of an accident.

 

[cbj5259]

As mentioned above, the laws pertaining to concealed carry vary from state to state. I would check with your local sheriff or police regarding what is expected of you on a car stop. Just looking at it generically, what you are saying seems fine to me, except as u n v Kenny stated the first words out of your mouth should be you informing the officer that there is a legal firearm in the vehicle and tell them where it is. As a side note...I would not place a firearm on a seat, in between seats or in some other unsecure place. If you are carrying a concealed weapon the best place for that weapon is on your person. God forbid you are stopped at a traffic light, windows down and some thug tries reaching in the car and tries pulling you out of the car and your gun is on the seat next to you. The only reason I use this example is I investigated a situation where this actually occured. Keep it on you and you will always have when you need it.

 

[Kiohtee]

I don't want to say anything that can get me in trouble thanks to anyone who may be reading this, but let's just say as far as traveling with my handgun, it isn't unconcealed on the seat, at risk of being stolen because my windows are down or at risk of leaving my vehicle in the event of an accident.

However, with the time it's going to take me to pull over for said LEO, it will be either unconcealed on my passenger seat or on the dash. To be safe I'm just going to call around to some local police departments and ask for their preferences.

 

[cbj5259]

I don't want to say anything that can get me in trouble thanks to anyone who may be reading this, but let's just say as far as traveling with my handgun, it isn't unconcealed on the seat, at risk of being stolen because my windows are down or at risk of leaving my vehicle in the event of an accident.

However, with the time it's going to take me to pull over for said LEO, it will be either unconcealed on my passenger seat or on the dash. To be safe I'm just going to call around to some local police departments and ask for their preferences.

Honestly, I would keep it concealed and just inform the officer that you have a concealed weapon in the car and a valid permit. In order for you to get it out on the seat you will probably be moving around, making reaching motions and such...things you don't want to do while an officer is pulling you over. I can tell you from my own perspective if I walk up on a car and see a gun on the dash or on the seat...I'm not even hearing the words coming out of your mouth. I'm completely focused on the firearm and making sure it's not going to be used against me.

 

[Kiohtee]

You do raise a good point. Like I said, I'll just have to contact some local PDs and see what they prefer.

Thanks for the input guys!

 

[wicked96gt]

OP lives in NC where there is an open carry law. When in a vehicle with a weapon it has to be in plain sight which explains why he has it on the seat if he doesn't have his concealed carry.

 

[DarkMach1]

best thing to do is simply search online for your local laws, Im sure there are NC specific firearms forums that can answer every question. In my state, I dont have to tell the officer about my firearm and I dont intent to, I am no threat to him.

 

[wesessiah]

as soon as you get the opportunity to speak, point it out. open carry is legal in nc (as mentioned) with the exception of the city of cary. unless the officer gets right up in your window, for whatever reason, it may not be as immediately plainly visible from his perspective since he'll be slightly behind you at the door more than likely. if and when you do get a concealed weapon permit, you're required to inform an officer you have a concealed weapon. if someone tells me they have a concealed weapon and have a valid permit, i tell them not to show me theirs and i won't show them mine. i could request to take possession of it, but the fact of being legally concealed isn't reasonable suspicion of any crime outside of some other circumstance. whenever there's something new in legal updates, there's always text similar to "a legally concealed firearm is not reasonable suspicion of a crime, and not subject to a seizure in and of itself." if someone is open carrying, i'm going to request it for the fact that it is out, and more than likely in their immediate lungeable area. i really don't see too many people open carrying, but the last time i saw one, i asked the guy if he minded if i held on to it for the duration of the stop for the safety of both of us, and had him step to the front of his vehicle as i secured it. as far as your process, that's fine, i actually appreciate it when someone tells me where their license and registration are rather than bolting straight to the glove compartment... when they do that i go from yellow to orange pretty fast. that actually brings up another point. if it's in the seat and you didn't say anything about it, registration card is in the glove compartment, and he just so happened to not notice your firearm to begin with, he may notice it when you start reaching in that direction.

 

[_Snake_]

Not a LEO but I've been carrying concealed for 20 years and have held permits in six different states. My recommendation based on experience (all positive, by the way): do everything you outlined in your first post BUT hold both hands outside of your window so the LEO can plainly see them and that they're empty. Very next thing you should do is notify the LEO about the gun.

 

[railroad]

Not everyone is a fan of the NRA, but they can and will provide state by state laws and regulation to you for any gun handling situations. A lot of members hunt nationally and internationally and need the information for transporting and shipping firearms.
Might be a good time to consider a membership.

 

[stang99x]

An exert from the NC law as from their website " As such, it is imperative that an individual immediately notify an officer of the presence of any weapon in the automobile, for the officer's and the vehicle's occupants' safety."

Now, I'm sure there will be several folks who disagree with me here, but this is my experience having traveled through 15 states on the east coast as a Private Investigator. There are a couple states that REQUIRE you to inform any officer whom asks for your identification for any reason that you are a CWL holder and in possession of a weapon. SC is a prime example. While it is difficult to get an out of state SC CWL, it can be done. It is part of their law that you MUST inform the officer of your CWL and if you have a weapon on your person or in your vehicle. I personally hold GA and nonresident SC licenses which covered me in all the states I traveled to and through. I do a great deal of surveillance, and I run into local LEO's all the time. You'll get as many opinions on this as you ask different LEO's. I personally don't mention I'm carrying unless I am asked or it is required. Generally, the officers I've dealt with know immediately that I am a PI as I carry my PI badge and license with my drivers license and CWL's. I've never once been asked to hand over my weapon, and quite frankly I find it an unnecessary action in MOST cases. (before you all get your panties in a twist, most states here in the southeast know you have a carry permit from your registration and DL, and most people that have a carry permit have nothing to hide) In the last year I have been asked twice (both from ALLEGED traffic violation, neither of which resulted in tickets) if I was carrying a weapon, and both times the officer informed me that 1)where is it? and 2)he didn't want to see it. I carry on my belt, so it's always on my person. So, my opinion is unless required by law or asked directly that it's a subject better left unbroached.