Author Topic: GUN!  (Read 6011 times)

ericire12

  • Top Forum Member
  • *****
  • Posts: 7926
  • DRTV Ranger
  • Liked:
  • Likes Given: 0
GUN!
« on: August 11, 2009, 11:24:42 AM »
http://www.ammoland.com/2009/08/10/is-handing-an-officer-your-concealed-pistol-license-enough/

Quote
Is Handing an Officer your Concealed Pistol License Enough?

Michigan - -(AmmoLand.com)- MCRGO Frequently Asked Questions:

    MCL 28.425f(3) states: “An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.” The penalty for a first offense includes a $100 fine, and a CPL suspension of up to six months.

Q: If I get pulled over by the police while I am lawfully carrying a concealed pistol, is it considered sufficient notice to hand over my Concealed Pistol License (CPL) with my Driver’s License?

A: Maybe not.

In one recent case, the driver handed his CPL over to the officer who stopped him. He did this because he had been told by a reliable source (an experienced police officer from another jurisdiction) that it is considered dangerous to use the word “gun” when talking to an officer on the road side since officers yell, “Gun!” to one another when a dangerous person displays a firearm. The driver was ticketed for the non-disclosure. In subsequent trial, the dashboard video camera record showed that it was approximately 40 seconds after the officer arrived at the driver’s window that the driver verbally disclosed his concealed pistol.

The court found that the simple act of handing over the CPL was not adequate disclosure and that the 40-second delay before verbally disclosing was not “immediate disclosure.”

So, the only safe course of action if you are pulled over is to make your disclosure as soon as the officer gets up to the window. In order to try to avoid what police officers often refer to as “a heightened sense of awareness.” (their way of saying that they are alarmed or frightened,) you should maintain a calm tone of voice and demeanor and simply tell the officer that you have a valid Concealed Pistol License and that you are carrying. You do not have to use the word “gun.”

Note that the statute does not require you disclose when you have a CPL and are NOT carrying. However, some officers will be alerted to the fact that you have a CPL before they approach your car. You may want to have a brief conversation with the officer even on days when you are not carrying, simply to avoid any confusion or misapprehension.

Note also that it is a good idea to avoid rummaging around in your passenger compartment as the officer is walking up to your vehicle. If it is dark out, turn on your interior lights, turn off your car stereo and keep your hands in plain sight on the wheel until the officer establishes contact. Remember that the police have dangerous job and your interaction will go more smoothly if you show that you are not a threat to the officer’s safety.
Everything I needed to learn in life I learned from Country Music.

tombogan03884

  • Guest
Re: GUN!
« Reply #1 on: August 11, 2009, 11:28:39 AM »
 And Pull as far out of traffic as possible, More Cops are killed during traffic stops by getting a fender up the ass than by being shot.

Kid Shelleen

  • Top Forum Member
  • *****
  • Posts: 1530
  • DRTV Ranger
  • Liked:
  • Likes Given: 0
Re: GUN!
« Reply #2 on: August 11, 2009, 11:30:26 AM »
When you get your CHL in Texas you are told to present your license and your CHL and to inform the officer that you are carrying.

If the officer runs your license, he will immediately know that you are a CHL holder. Your failure to disclose this fact is likely to make the officer wonder why.

You do not have to present your firearm, unless asked.
“What country can preserve its liberties if its rulers are not warned from time to time that the people preserve the spirit of resistance?”

Thomas Jefferson, 1787

tumblebug

  • Guest
Re: GUN!
« Reply #3 on: August 11, 2009, 12:53:24 PM »
Give the  man  a chance to control the gun if needed some will insist on it.

TAB

  • DRTV Rangers
  • Top Forum Member
  • *
  • Posts: 10214
  • Liked:
  • Likes Given: 103
Re: GUN!
« Reply #4 on: August 11, 2009, 12:57:27 PM »
And Pull as far out of traffic as possible, More Cops are killed during traffic stops by getting a fender up the ass than by being shot.


yep,  but the cop unions want you to beleave they are getting shot/stabed all the time.  Thats exception, not the rule.
I always break all the clay pigeons,  some times its even with lead.

Sponsor

  • Guest
Re: GUN!
« Reply #5 on: Today at 04:56:41 AM »

Timothy

  • Guest
Re: GUN!
« Reply #5 on: August 11, 2009, 01:24:12 PM »
Here's a novel idea...

DON'T SPEED OR DOING ANYTHING STUPID WHILE YOUR CARRYING!

For some, that would be all the time.  I haven't been stopped since 1985 and that was the last ticket I've ever gotten.  No, I don't drive the speed limit but I also don't make myself visible by doing 90 mph...


MikeBjerum

  • Top Forum Member
  • *****
  • Posts: 10991
  • DRTV Ranger
  • Liked:
  • Likes Given: 1138
Re: GUN!
« Reply #6 on: August 11, 2009, 01:46:51 PM »
I have been told through training, by a local police chief, and by our local sherrif that all I need to do is produce the permit and hand it over with my license.  If I am not carrying I do not need to, and I don't.  Here in Minnesota any check run on a vehicle license with my name on it will come back with "owner has permit to carry" ... Really cool that my pick up is only in the wife's name  ;D  But, her car, both our bikes and the boat all come back with my ccw info.

I have never been asked to surrender the gun in a traffic stop (only been stopped once while carrying and that was for a headlight).  I did have a trooper ask for me to surrender my gun at a meeting "for her safety."  I told her that I would if she allowed me to clear it myself first "for safety of all."  When she started to balk the sherrif stepped in and informed her that I could keep it and "she would be just fine."  Cool that the sherrif trumps city cops and state troopers, and even cooler when the sherrif knows you well.

Back on topic - I would prefer to only produce the permit rather than use words in a public situation.  And, since that is the law here that is what I will continue to do until instructed otherwise.
If I appear taller than other men it is because I am standing on the shoulders of others.

Kid Shelleen

  • Top Forum Member
  • *****
  • Posts: 1530
  • DRTV Ranger
  • Liked:
  • Likes Given: 0
Re: GUN!
« Reply #7 on: August 11, 2009, 03:45:28 PM »
Here's a novel idea...

DON'T SPEED OR DOING ANYTHING STUPID WHILE YOUR CARRYING!

For some, that would be all the time.  I haven't been stopped since 1985 and that was the last ticket I've ever gotten.  No, I don't drive the speed limit but I also don't make myself visible by doing 90 mph...


+1

Last time that I was pulled over was sometime in the 70s.
“What country can preserve its liberties if its rulers are not warned from time to time that the people preserve the spirit of resistance?”

Thomas Jefferson, 1787

tombogan03884

  • Guest
Re: GUN!
« Reply #8 on: August 11, 2009, 04:19:29 PM »
Here's a novel idea...

DON'T SPEED OR DOING ANYTHING STUPID WHILE YOUR CARRYING!

For some, that would be all the time.  I haven't been stopped since 1985 and that was the last ticket I've ever gotten.  No, I don't drive the speed limit but I also don't make myself visible by doing 90 mph...



Yes, but you can still get stopped for something dumb like a tail light that burned out.

Timothy

  • Guest
Re: GUN!
« Reply #9 on: August 11, 2009, 04:41:31 PM »
Yes, but you can still get stopped for something dumb like a tail light that burned out.

True, or it's got a "Fabulous Furry Freak Brothers" mural on the side of the van and billowing smoke trailing behind!   ;D

I don't think cops pull over people for a broken light but it does give them reasonable cause to stop for something more nefarious.


 

SMF spam blocked by CleanTalk