CCW Duty to Notify -CHP vs. Constitutional Carry

[Bigchillin83]

Westwego cop had me turn around hands up. He got behind me, wrapped his arms around me, lifted my shirt and pulled my gun out. I appendix carry. Took the mag out, cleared the chamber and tossed it all in the back seat. Well he kept the mag until he was done writing the ticket.

Had same situation with ascension parish quite a few years ago…

And the worst was with a state trooper in Denham springs… was on the way to church and didn’t have the pistol on me but had one in my glove box…. He got my lic. And obviously I didn’t tell him I had a pistol on me.. he came back to the window with me, wife, 3 little boys in the car with his hand on his gun and in an aggressive voice and body language “ why didn’t you tell me you had a pistol on you” I was like I don’t.. he said you got a chp… I said yea but I’m not carrying, it’s in the glove box, well he got pissed and went on and on about how he should take my chp lic. For the infraction ect ect ect… I was finally like what ever dude, we are late for church either do somthing about it or I need to go.. he blessed me and said he would let me slide just this once.. but I better get informed and know the law lol … and no ticket either as to he never told me why he pulled me over lol

 

[dantheman]

You must return an expired permit. According to LAC 55:I:1309.F, permits are the property of the department and shall be surrendered and returned upon suspension, revocation or expiration, or when the permittee ceases to reside in the state.

Neither my wife nor I have ever returned our expired permit . They never asked for it either .

 

[Mitch Dufour]

If I am pulled over for a routine traffic stop, exactly how does me advising the officer that I am armed make him safer?

 

[Jstudz220]

Westwego cop had me turn around hands up. He got behind me, wrapped his arms around me, lifted my shirt and pulled my gun out. I appendix carry. Took the mag out, cleared the chamber and tossed it all in the back seat. Well he kept the mag until he was done writing the ticket.

I had a similar situation happen right before I approached the twin span heading back towards the NOLA. State troopers pulled me out of my car, disarmed me, and then sent me on my way. The cop that took my gun back to his patrol car unloaded it and put it back on my passenger seat. He took the magazine out and the round out of the chamber and stuck the round from the chamber into the magazine. I was confused for a second looking for the extra round considering I carry a Glock 17 with oem flush fit 17 round magazines.

Overall it was a complete waste of time and making the traffic stop a lot more dangerous than it needed to be. The whole ordeal only took about 5 minutes.

Oh and for those wondering I was doing something like 95 in a 70 so when the lights went on i already knew what to expect. It was around 2 or 3am in the morning with minimal traffic on the roads. I knew I was in the wrong and took the ticket I earned myself.

 

[Jstudz220]

If I am pulled over for a routine traffic stop, exactly how does me advising the officer that I am armed make him safer?

Great question. I would say if anything it makes the entire situation more dangerous.

 

[dantheman]

If I am pulled over for a routine traffic stop, exactly how does me advising the officer that I am armed make him safer?

You seriously don't get it ?

 

[Magdump]

In your post above did you had a CHP when you were informing them you had a gun in the vehicle on the stop?

Gun was in the truck, not on my person. As is the routine here in Louisiana, I was already standing at the back of my truck handing himlicense/registration/insurance when he approached and I informed him there was a gun on the front seat. I did not have a permit in 1999. Why do you ask? Do you think it would have made any difference at all? If yes, how so?
For what it’s worth, when the shift super arrived, he talked to the cop in front of me, told him it was legal for me to have a gun in the truck, which he apparently did not know. I was immediately released with no citation.

 

[Sodoodle]

You must return an expired permit. According to LAC 55:I:1309.F, permits are the property of the department and shall be surrendered and returned upon suspension, revocation or expiration, or when the permittee ceases to reside in the state.

Good to know

 

[Sodoodle]

Just to clarify, everyone is talking about duty to notify for concealed carry versus the “choice” of whether to notify of a firearm in the vehicle only. There was also a bill, not sure of status, to provide some legal immunity to CHP holders versus constitutional carry. That would make it worth it depending on final working of the law, if passed.

Now that you say that, I remember there being something like that. Don't know the details though!

 

[Magdump]

If I am pulled over for a routine traffic stop, exactly how does me advising the officer that I am armed make him safer?

LOL, depending on how you say it, it might get you shot!

 

[mod1911a]

Why do I get the idea at times, that informing an officer you are armed is way down the list of informing them. Number one is you have the right to travel, and know your rights is number two. With, number 3 is no right to search! Even with possible questionable items in plain view.
The poor guy or gal just wants to make it home safe and not have to fight with every idiot he-she comes across. And use as little ink from his or her pen as possible.
Gonna use some questionable language here, but golly, her, wiz, get a clue. But being nice will go a long ways.

All situations are different based on myriad conditions. Couple months ago in my neighborhood in the City of Covington, I was stopped for not stopping completely at a stop sign and had a little .380 in a small holster tucked between the seat and the console. The young Covington cop walked up and greeted me civilly . I had both hands around armpit height, looked him right in the eye, then pointed with my right hand to the gun that was in plain view. I'm 68 and definitely don't look like a threat. He asked me very calmly to step out of the vehicle and while doing so, told him I had a CCW permit. He told me, "no problem", said he was taking it back to his vehicle, and for me to get back in my vehicle Back at his car, he unloaded it. After a few minutes, he returned and gave me a verbal warning for the stop sign, then told me he was going around to the passenger side, rear door, of my truck and put the gun, unloaded mag, and ammo on the floor. And he told me to have a nice day.

By contrast, last summer, I had an arrogant, douchebag St Tammany deputy (outside of Covington), make a U-turn to hunt me down cuz he saw I wasn't wearing my seat belt. When he pulled me over, immediately, he made me get out of the vehicle. He asked if I had a weapon in the truck--I didn't. I gave him my license and registration. Then he proceeded to ask me where I was coming from and where I was going. He then made me stand at the rear of my truck in blazing hot sun, on one of the hottest days of the year while he sat in his A/C. At one point, I very slowly walked 15ft to stand in the shade of a small tree that was still in his line of sight. He promptly got out and told me to go back out in the sun at the back of my truck. When he returned with the $50 dollar seat belt ticket, I asked him why I couldn't walk 15ft and stand in the shade. He said I had moved out of his line of sight. He lied.
During the whole thing, I got the feeling I was chased, stopped, and treated like dirt because I was driving-while-white.
Holy sh!t, wonder what would've happen I DID have a weapon on me.

 

[Sodoodle]

Dare I ask Why?
I have never had any problems and have almost always been thanked for being upfront, even told I was carrying a very nice gun.
Even have a few funny story's about my interactions.

The stories on this thread are perfect examples of why. I'm not breaking any laws carrying my pistol, I don't want to get felt up, disarmed, any of that. Nothing in these interactions described made anyone involved safer - just the opposite. Why would I be in favor of that?? Why would anybody?

 

[Sodoodle]

there have been stories on BS of people having their guns taken apart during a stop, for the officers safety, and they are handed back a pile of parts with their ticket.

I doubt that most cops think that people should be armed at all, though all of them on a forum like this probably do.

There are plenty of videos of interactions like that (and worse) around, too. So for me, an opportunity to possibly have a nice chat with an officer and be told I have a cool firearm doesn't outweigh the possibility of a bad interaction. I'd rather miss out on both since I don't know which I'll be getting.

 

[Bigchillin83]

Ok so I know if you have a permit and you don’t let them know they can punish you and take your permit cause they have a power trip and you agreed to that while applying for permit…

But with the new law, they also say you have to notify them that you have a concealed handgun on you.. if you don’t, what is the punishment they can’t threaten to take your chp? What would be the actual charge?

Not advocating one way or the other, just curious as to the punishment for a non chp holder not notifying… misdemeanor? Felony? Ticket? Warning? Ect

 

[AustinBR]

Judgement has already been passed, don’t bother asking. LOL!! Apparently he’s another one. Whatever that is.

For as long as I’ve carried a pistol in my vehicle, I’ve maintained the practice of informing any LEO stopping me that I keep a firearm in the car. I usually say, “I’m supposed to let you know I keep a gun in my car” or something to that effect.
At least twice, it became a pretty major deal. Both times were obviously related to an utter lack of training and education. Both times I was detained for an extended time. Neither time was I shot or shot at. The last time was pretty intense because the young small town officer that stopped me was so nervous and green I actually thought I may not walk away. Lucky for me, town hall was within sight and a seasoned officer decided to run up the road and assist. (Jackson, LA. About 1999-2000)
I do get why the OP has reservations about telling a cop he has a gun, but I also feel like informing them is my responsibility. Yeah, maybe there’s a chance it could go bad, but I can only do my part in that situation.

Westwego cop had me turn around hands up. He got behind me, wrapped his arms around me, lifted my shirt and pulled my gun out. I appendix carry. Took the mag out, cleared the chamber and tossed it all in the back seat. Well he kept the mag until he was done writing the ticket.

Situations like these are the anomaly and the abundance of bodycams nowadays is further making these encounters go away. Most cops don't want anyone unnecessarily handling a gun and my understanding is that most departments don't want their officers disarming folks with CHPs, LTCs, or the equivalent. It certainly doesn't make sense to take apart someone's firearm, especially if the officer damages the gun.

I've been pulled over 3-5 times in the past ten years. Every single encounter has ended with a warning and an appreciative officer for handing him my permit. If it went poorly, well, I have front/back dash cams (Which everyone should get!) and ideally the cop has a dash cam and a bodycam. But, thankfully, always being cool with the cops has worked out in my favor.

 

[Bigchillin83]

I agree I have had many great easy encounters… but 2 of mine stuck out and put a bad taste in my mouth…

 

[dantheman]

I've been pulled over many times . I used to have a heavy foot but I've gotten better . I've never had a bad encounter and I always showed them respect and didn't try to argue my way out of a ticket . I never got a ticket I didn't deserve ...

 

[WhereIsIt?]

FYI.... Belle chasse and jpso didn't ask me to get out the car. Both of them thanked me for letting them know, assured me everything is fine. Did it all with a positive attitude and smile. The hundreds of pounds overweight westwego cop was shivering and voice trembled when I told him I was carrying.

 

[Magdump]

I agree I have had many great easy encounters… but 2 of mine stuck out and put a bad taste in my mouth…

 

[Bigchillin83]

Ok so I know if you have a permit and you don’t let them know they can punish you and take your permit cause they have a power trip and you agreed to that while applying for permit…

But with the new law, they also say you have to notify them that you have a concealed handgun on you.. if you don’t, what is the punishment they can’t threaten to take your chp? What would be the actual charge?

Not advocating one way or the other, just curious as to the punishment for a non chp holder not notifying… misdemeanor? Felony? Ticket? Warning? Ect

Anybody? lol