Louisiana leo encounter on traffic stop

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  • 1911heat

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    Nov 30, 2007
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    I was stopped on the Interstate the other night, actually for a blown fuse that caused my tail lights to go out. When asked for my DL, I went ahead and gave him my CHL at the same time (though I was not armed in any manner). In other words he and I were standing on the roadside between our cars and I was not armed (weapon in my car though). I've been re-reading the "Duties of Permittees", and as I read it, it wasn't necessary for me to voluntarily produce my CHL (unless he asked) since I was not armed. Am I right? The fact that I "voluntarily" produced my CHL and informed him I was NOT armed, we still went through a pat-down and he unloaded my weapons in my car, while he got out my insurance and registration. After thinking about this and experiencing this, in summary I'm concluding that:

    1. If asked for your permit (armed or not) by a leo, you must produce it. (That one is pretty easy.)

    2. If I'm armed and have official business with a leo, I notify the leo up front, that I'm armed, submit to a pat-down, allow him to temp. disarm me. (Easy again)

    3. If I'm not armed and have official business with a leo, I have no duty to produce my permit (unless he asks) or to voluntarily inform him that I have a permit and/or inform him that I'm unarmed? (Am I correct?)

    It seems like me volunteering the permit, and being unarmed caused more trouble. BTW the leo had no attitude about any of this, totally courteous and professional. He was just very very careful.


    Duties of Permittees
    The permit shall be retained by the permittee who shall immediately produce it upon the request of any law enforcement officer. Anyone who fails to do so shall be fined not more than one hundred dollars. Additionally, when any peace officer approaches a permittee in an official manner or with an identified purpose, the permittee shall:
    Notify the officer that he has a weapon on his person;
    Submit to a pat down;
    Allow the officer to temporarily disarm him.
     

    LouisianaCarry

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    Mar 14, 2007
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    I see nowhere in law that says you need to produce a permit if unarmed, only if you are carrying concealed at that time. However, being obstinate is not always wise. Not much harm in producing it anyway (though why you would be asked for a CHP when unarmed, I don't know).

    2 and 3 are correct statements.
     

    1911heat

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    Thanks that's what I thought when I read this closer. You are right about not being obstinate, I had a moment of questioning myself during the stop, though I was unarmed, whether I should inform him I have a permit. So I volunteered it to be upfront, even though I was unarmed.

    As I stated previously the leo was fine with everything I did, though he was extremely cautious. My demeanor, personality and appearance are not threatening whatsoever and I was a little surprised at his extreme caution though. That's understandable and okay with me, heck Ted Bundy looked like a nice guy didn't he?
     

    topgunz1

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    Its your call, but if you were to have to go back to the car for any reason I'd inform him of the weapon in the car. We dont like to be surprised by that sort of thing.
     

    LouisianaCarry

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    Or, when he stops you, you could offer it to him to unload. One way is to get out of your car real fast and run towards his car and yell "TAKE THIS, COPPER!"
     

    chadwickMS

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    Oct 19, 2007
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    +1 no duty to inform officer in MS CCW license.

    I know a couple of people that have been pulled over for traffic stops by the LSP and all of them have been asked "do you have a weapon in the vehicle." Sounds like they're making it SOP to ask.
     

    Nick

    a.k.a. Nick™
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    Sep 18, 2006
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    I wouldn't and haven't informed when I've been unarmed and stopped . If I'm not concealing a firearm on my person, it's none of their business. If they ask if there' s a weapon in the vehicle, sure... I have a tire iron, hunting knife, guess I could strangle someone with those jumper cables and..... oh yeah, there's a .38 snubbie between the seats.
     

    LouisianaCarry

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    I didn't mean because he had a CHP- I meant in general. I would always try to be the guy who never got careless.

    A CHP would make me feel a little better.
     

    aroundlsu

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    Dec 21, 2007
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    I didn't mean because he had a CHP- I meant in general. I would always try to be the guy who never got careless.

    A CHP would make me feel a little better.

    I keep a holstered USP .45 in the door pocket of my truck. It's easily visible when I open the door and have thought about what I should do with it in the event of a traffic stop. If I leave it where it's at the LEO will probably see it as soon as I step out of the truck and I may inadvertently end up being held at gunpoint. If I tuck it somewhere it may give the impression I was trying to hide it.

    I don't want to move it anywhere else permanently because it's in easy reach where it's at. I can have it in my left or right hand ready to go almost instantly. One solution may be to rig a flap over the holster so it at least obscures the instant impression of a gun sitting there in the door.
     

    1911heat

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    I think your flap idea is a good one. Anyone looking in your truck can't really see an obvious gun to steal, plus the flap will keep the dust/dirt/rain off of it. Also you are right about a leo seeing it as you open the door, no need in causing a panic for him.
     

    LACamper

    oldbie
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    LSU, yes I would put a flap over it, like 1911heat said, just to keep it from getting stolen. Also, every time you get out the car its visible. When you get gas, etc. Are you going to get held up while pumping gas just for your gun?

    About 5 years ago I was stopped in Springfield for speeding. The cop reamed me out for not mentioning the permit. I wasn't carrying at the time, so I saw no need to mention it. I assume he saw the permit when I opened my wallet. For the cops onboard, when you run a license number, does it tell you that I have a permit?
     

    topgunz1

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    I've only tested once with my buddies info and our system, nothing about the permit showed up. but, different systems, different information available. So just because it didnt show up with my program doesnt mean it wont show up on some other agencies program.
     

    aroundlsu

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    I looked up my drivers license info and it says "GP STATUS: VALID".

    My car isn't registered in my name so I couldn't look that up. If someone wants to PM me their license plate number I can run that on Monday.
     

    Speedlace

    LOL...right?
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    About 5 years ago I was stopped in Springfield for speeding. The cop reamed me out for not mentioning the permit. I wasn't carrying at the time, so I saw no need to mention it. I assume he saw the permit when I opened my wallet. For the cops onboard, when you run a license number, does it tell you that I have a permit?
    I would think so since your D/L# is printed on the CHP.
    This should be on the back of your CHP:
    02-02-08_1122.jpg


    :)
     

    1911heat

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    For the cops onboard, when you run a license number, does it tell you that I have a permit?

    I certainly don't have anything to hide from leo's, but there are some good questions if anyone knows the answers:

    1. If my Louisiana plates are run, does it show I have a Louisiana permit?
    2. Same question, though would it show if I have an out-of-state (FLA) permit?
    3. My wife has a permit, but the vehicle's are in my name? Does it show anything for her.......probably not huh?
    4. If my Louisiana drivers license is run, does it show I have a Louisiana permit?
    5. Same question, would my d.l. show I have an out-of-state (FLA) permit?
     

    Manimal

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    About 5 years ago I was stopped in Springfield for speeding. The cop reamed me out for not mentioning the permit. I wasn't carrying at the time, so I saw no need to mention it. I assume he saw the permit when I opened my wallet.

    Some LEOs will not ticket a person, or will be more lenient, if they have a CHP. I've seen a few that basically say that it tells them that the person is probably a responsible and active citizen in general, and they aren't looking for those people to ticket.

    Surely not all or most are like that, but some are.
     
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