CCW- traffic stop and officer asks, "Do you have any weapons in the car"?

[weaverftw]

I was pulled over in Marin County going down the last incline after Corte Madera at 5:30 Am or so for speeding. I was carrying … with Freedom Week mags.

I pulled over, turned off the engine, put the keys on the dash . I put my hands on the wheel fingers spread. When he came over I said” I’m a licensed CCW holder and have my CCW with me. How would like to proceed? “ I was noticeably nervous.

He said “ I don’t care, I pull over cops all the time.” Gave me a ticket and sent me on my way.

I’ve gotten pulled over there a few times, once on Thanksgiving night coming home from a family dinner after having wine - I’m sure I was under the legal limit but still not fun. Have to be careful with those declines…

 

[Gryff]

Placer requires informing LEO, I’ve had several occasions where I notified an officer that I am a ccw holder and have never had a negative reaction. Choose your words carefully and wait for them to respond.

My plan is to hand them my CCW with my drivers license. I'll let them drive the conversation/interaction at that point.

Apparently my wife was pulled over for speeding shortly after we received our permits two years ago (she didn't tell me until a few weeks ago). She did exactly that, handed her permit and CDL to the CHP officer. Officer said thank you, asked her what she carried, and eventually let her out of the ticket.

 

[supermike]

firearm yes.
but forgive my ignorance, what is a "weapon"? just about anything you hold in your hand could be a "weapon"....

 

[RickD427]

firearm yes.
but forgive my ignorance, what is a "weapon"? just about anything you hold in your hand could be a "weapon"....

At the risk of oversimplifying a lot of California case law, common objects that have the potential to be used as weapons, become weapons based on their current employment. A large butcher knife in the kitchen, and used to prepare food, is not a weapon (even though it has the potential to become a weapon, as I will explain). But once I pick that butcher knife up and use it to attack someone, it becomes a weapon.

 

[Wolkenflieger]

At the risk of oversimplifying a lot of California case law, common objects that have the potential to be used as weapons, become weapons based on their current employment. A large butcher knife in the kitchen, and used to prepare food, is not a weapon (even though it has the potential to become a weapon, as I will explain). But once I pick that butcher knife up and use it to attack someone, it becomes a weapon.

It's also a weapon depending on context. If you walk into a bank with it in one hand, it's a weapon and would be interpreted as-such by most reasonable people. So, context matters.

 

[treelogger]

For some reason this reminds me of the old Far Side cartoon, which is in a neanderthal repair shop for stone wheels. One neanderthal asks for a hammer. The other hands him a rock. The first one goes "this is not a hammer, it is a crescent wrench". So a rock can be just a rock, a hammer, a crescent wrench, a Philips screwdriver, and a weapon (some of those only in cartoons).

 

[Charles0413]

Question: I have California ccw permit but not carry any guns. Do I still need to inform to police officer ?

 

[treelogger]

Question: I have California ccw permit but not carry any guns. Do I still need to inform to police officer ?

What do the rules your IA gave you say?

 

[DrJonesUSA]

I think most, if not all, California CCW permits require us to disclose a contact with law enforcement. Are we also required to answer this question (if carrying at the time) if asked? My IA has no guidance written in the policy.

This is incontrovertible:

Yes, you absolutely should and must answer the question truthfully and CAREFULLY.

Irrespective of whether you are or are not armed, and irrespective of what the requirements technically are:
you absolutely should and must inform a police officer that you have a permit and whether or not you are armed.

Do not use the word "gun" around police. Ever.
Virtually all LEO are trained to react to that word - and not in a way that works out well for whoever they're confronting.

Just think through some scenarios;

Cop pulls you over and you are NOT armed / not actually carrying, so you ASSume that you don't need to say anything about your permit.
He goes back to his cruiser and runs all your data.
He will absolutely see in his systems that you have a CCW.
Now he instantly thinks you just lied to him and you have a gun.

Very bad.

The proper way to do it is something like this:
- All windows rolled down,
- Engine shut off
- interior lights on
- Hands on steering wheel
- Be extra polite, respectful, professional, deferential, and totally NOT sarcastic / snarky / aggressive,

THEN state:
"Officer, I have a concealed carry permit and I am / am not armed.
The firearm is located In / on "_____"
How would you like me to proceed?"

And do not make a f@#)&(*ng MOVE until specifically directed by the officer.

Cops also love it when you enunciate your actions;
"OK, you want me to show you my CCW permit? It is in my glove box / right front pants pocket / etc. May I retrieve it?"

MOVE SLOWLY AND DELIBERATELY; no sudden movements. Esp. in today's world, cops are extra aware / alert / nervous.
If you don't know / cannot understand WHY that is the case, you honestly should not be carrying.

A friend of a friend has been pulled over a couple times (minor traffic BS).
Once, in one small & ultra-liberal town, not only did the guy NOT end up shot / beaten / arrested / on the news; he only got a verbal warning.
Even though the guy very much deserved a traffic ticket!
But because of how he conducted himself, he just got a verbal.

Polite, professional, respectful.
Leave the "muh rights! Sovereign citizen" type BS for the YouTube neckbeards who want to end up shot & beaten on the national news.

I might sound a bit over-cautious, but it's always worked out extremely well for my friends who do this.

 

[AaronV54]

I've talked to local police officers about this (Corona and Riverside Sheriffs, permit from RSO) and was told while I had no obligation to inform them it is usually better to just let them know anyways. Both told me that your CCW shows up when they run your DL so the topic will likely come up anyways, and if you are carrying at the moment some cops get pissy that you didn't tell them. A Corona officer told me that they can see all the firearms registered in your name as well, but I did not ask if that was something that automatically comes up in their system or was something they specifically had to look up.

your response should be this: You're looking at it pal!

 

[DrJonesUSA]

"A Corona officer told me that they can see all the firearms registered in your name as well, but I did not ask if that was something that automatically comes up in their system or was something they specifically had to look up."

The forum won't let me do a normal quote.... u/CadeH / @CadeH

I really......really doubt that's the case....and I also really hope not.....
I own enough that I would have absolutely been questioned or treated very differently if they could actually see the total # / any sort of list of firearns owned / registered to an individual.....

 

[RickD427]

"A Corona officer told me that they can see all the firearms registered in your name as well, but I did not ask if that was something that automatically comes up in their system or was something they specifically had to look up."

The forum won't let me do a normal quote.... u/CadeH / @CadeH

I really......really doubt that's the case....and I also really hope not.....
I own enough that I would have absolutely been questioned or treated very differently if they could actually see the total # / any sort of list of firearns owned / registered to an individual.....

The state maintains several different automated databases. They are separate and discrete. Your Driver's License information resides in one file, your Vehicle Registration lies in another file, and your firearms records, including CCW info reside in a third file.

Many, many, years ago, an officer had to separately query each file in order to learn the data contained in it.

Today, nearly all law enforcement agencies have some form of computer aided dispatch system. There is no statewide standard for these systems, and each operates according to its own design. For example, a nice officer can run a routine check on a license plate. Most of the systems that I have seen will take that lic plate and send it to the Vehicle Registration database, and to the state Wanted Persons system to see if it is indexed to a wanted person. The combined results then get sent back to the officer - all automatically. But with the simple inclusion of an additional programming step, the computer could also send the name of the vehicle's registered owner to the Firearms database and then include any DROS, VOLREG and CCW info in the return. Even though the databases are all separate, the computer can send one inquiry to multiple databases and then combine the returned information.

There is no restriction on the inclusion of firearms, or CCW, information into automated returns. There is a prohibition of the broadcasting over voice radio of RAW information.

 

[weaverftw]

This is incontrovertible:

Yes, you absolutely should and must answer the question truthfully and CAREFULLY.

Irrespective of whether you are or are not armed, and irrespective of what the requirements technically are:
you absolutely should and must inform a police officer that you have a permit and whether or not you are armed.

Do not use the word "gun" around police. Ever.
Virtually all LEO are trained to react to that word - and not in a way that works out well for whoever they're confronting.

Just think through some scenarios;

Cop pulls you over and you are NOT armed / not actually carrying, so you ASSume that you don't need to say anything about your permit.
He goes back to his cruiser and runs all your data.
He will absolutely see in his systems that you have a CCW.
Now he instantly thinks you just lied to him and you have a gun.

Very bad.

The proper way to do it is something like this:
- All windows rolled down,
- Engine shut off
- interior lights on
- Hands on steering wheel
- Be extra polite, respectful, professional, deferential, and totally NOT sarcastic / snarky / aggressive,

THEN state:
"Officer, I have a concealed carry permit and I am / am not armed.
The firearm is located In / on "_____"
How would you like me to proceed?"

And do not make a f@#)&(*ng MOVE until specifically directed by the officer.

Cops also love it when you enunciate your actions;
"OK, you want me to show you my CCW permit? It is in my glove box / right front pants pocket / etc. May I retrieve it?"

MOVE SLOWLY AND DELIBERATELY; no sudden movements. Esp. in today's world, cops are extra aware / alert / nervous.
If you don't know / cannot understand WHY that is the case, you honestly should not be carrying.

A friend of a friend has been pulled over a couple times (minor traffic BS).
Once, in one small & ultra-liberal town, not only did the guy NOT end up shot / beaten / arrested / on the news; he only got a verbal warning.
Even though the guy very much deserved a traffic ticket!
But because of how he conducted himself, he just got a verbal.

Polite, professional, respectful.
Leave the "muh rights! Sovereign citizen" type BS for the YouTube neckbeards who want to end up shot & beaten on the national news.

I might sound a bit over-cautious, but it's always worked out extremely well for my friends who do this.

This is good advice; I’ll add a couple other suggestions to the list:

1. In addition to engine off windows down and hands on wheel, out the hazards on.
2. Pull over WHEN SAFE TO DO SO. When you are lit up, signal IMMEDIATELY but don’t just pull over in a dangerous spot. You can wait a mile to exit the freeway and pull into the closest parking lot. Your signal and reasonable speed in the right lane indicates your intent to pull over; doing so in a safe place goes a long way to putting the officer at ease and I’ve been thanked a couple times for doing this. If you pull over on a highway, pull over far enough that the officer can park his car between your car and the roadway.

Also agree that after the officer gives you the ok to produce documents, say “my license is in my left front pocket and my registration/insurance is in the glovebox, and I’m going to get them in that order”

These little things together make a big difference and the officer may suspect that you have an LEO in the family if you do everything by the book perfectly. These things WILL lead to better outcomes.

 

[GunnerV]

I think most, if not all, California CCW permits require us to disclose a contact with law enforcement. Are we also required to answer this question (if carrying at the time) if asked? My IA has no guidance written in the policy.

Your question, CCW- traffic stop and officer asks, "Do you have any weapons in the car"?

You should disclose it. Is weapon not in CCW? If you have a CCW from an agency that doesn't have policy on disclosing to a LEO if you have one or armed at the time on a car stop, but a LEO ask if there are weapons in the car, you're better off saying, "yes, there are weapons in the car." The last thing you want is for the LEO to have probable cause to search your vehicle and he finds a weapon in the car or on you. In my opinion, things are going to go sideways for you. I guarantee that LEO will find any CVC or PC to arrest or cite you and tow your car incident to arrest.

 

[Jimi Jah]

Obey traffic laws and you won't get pulled over.

 

[Wolkenflieger]

Obey traffic laws and you won't get pulled over.

Sometimes you get pulled anyway, or it's low-tolerance day.

 

[NorCalBusa]

Your question, CCW- traffic stop and officer asks, "Do you have any weapons in the car"?

Yes you have to disclose it. Is weapon not in CCW? If you have a CCW from an agency that doesn't have policy on disclosing to a LEO if you have one or armed at the time on a car stop, but a LEO ask if there are weapons in the car, you're better off saying, "yes, there are weapons in the car." The last thing you want is for the LEO to have probable cause to search your vehicle and he finds a weapon in the car or on you. In my opinion, things are going to go sideways for you. I guarantee that LEO will find any CVC or PC to arrest or cite you and tow your car incident to arrest.

My IA does not require it. "Have to", "Should" and "Better off" each have different meanings...

 

[GunnerV]

My IA does not require it. "Have to", "Should" and "Better off" each have different meanings...

Ok I edited it. Changed it to have to should as I didn’t have should in the initial post. If you’re IA doesn’t require it, yeah you’re good not to say anything. But the point I’m trying to make is if the LEO has PC to search you or your car and finds a weapon after he asked you if there’s any weapons then that’s going to be a different story.

 

[Deleted member 6005]

Obey traffic laws and you won't get pulled over.

I haven't been pulled over since 1981.

 

[NedSled]

I think most, if not all, California CCW permits require us to disclose a contact with law enforcement. Are we also required to answer this question (if carrying at the time) if asked? My IA has no guidance written in the policy.

"You can't catch me, copper!" and floor it.