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Concealed Carry In Vehicle and Right to remain silent

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Jablank23

Junior Member
I am considering getting a Concealed Carry License and I have done very little research. One thing I have come across is depending on what state you’re in laws require you to notify law enforcement either immediately when contacted by them or if they ask to inform them if you have a weapon in the vehicle or on you. My question is their some sort of agreement you consent to when obtaining a concealed carry license that does not exempt you from the right to remain silent?
 


quincy

Senior Member
I am considering getting a Concealed Carry License and I have done very little research. One thing I have come across is depending on what state you’re in laws require you to notify law enforcement either immediately when contacted by them or if they ask to inform them if you have a weapon in the vehicle or on you. My question is their some sort of agreement you consent to when obtaining a concealed carry license that does not exempt you from the right to remain silent?
What is the name of your state?
 

Zigner

Senior Member, Non-Attorney
I am considering getting a Concealed Carry License and I have done very little research. One thing I have come across is depending on what state you’re in laws require you to notify law enforcement either immediately when contacted by them or if they ask to inform them if you have a weapon in the vehicle or on you. My question is their some sort of agreement you consent to when obtaining a concealed carry license that does not exempt you from the right to remain silent?
Do some more research. It's very important that you understand the laws relating to the matter in your state.
 

adjusterjack

Senior Member
My question is their some sort of agreement you consent to when obtaining a concealed carry license that does not exempt you from the right to remain silent?
Your right to remain silent has NOTHING to do with your obligations under your state's concealed carry law.

If you are armed when you get pulled over for a traffic stop and the officer asks you if you are armed you say "Yes, sir" and keep your hands in plain sight and follow his instructions.

If he then says "Somebody just saw you hold up a convenience store" THAT'S when you invoke your right to remain silent and your right to an attorney.

Understand the difference?
 

Zigner

Senior Member, Non-Attorney
Your right to remain silent has NOTHING to do with your obligations under your state's concealed carry law.

If you are armed when you get pulled over for a traffic stop and the officer asks you if you are armed you say "Yes, sir" and keep your hands in plain sight and follow his instructions.

If he then says "Somebody just saw you hold up a convenience store" THAT'S when you invoke your right to remain silent and your right to an attorney.

Understand the difference?
Some states put the onus on the CCW holder to inform a police officer immediately upon contact that a weapon is being carried. If the officer has to ask, then a crime has already been committed...
 

CdwJava

Senior Member
Not to mention that failure to disclose that you are carrying pursuant to a CCW could (depending on the lass of your state) result in your LOSING your CCW when/if it comes to light.
 

FlyingRon

Senior Member
The guard against self-incrimination doesn't apply here. You are not committing a crime by admitting you have a concealed weapon if you are legally carrying it. The requirement to self-identify is quite constitutional.
 

Jablank23

Junior Member
Thanks!

Thanks for all the great information! I will continue to research. I read an article about a musician who was pulled over in Beverly Hills for running a stop sign, and he had a CCW from out of state and his weapon on him. He informed the police officer and they arrested him because it was illegal to conceal carry there. He is now on two years probation, and my first thought was “Why didn’t he just remain silent, take the ticket and go on about his way?”
 

Taxing Matters

Overtaxed Member
Thanks for all the great information! I will continue to research. I read an article about a musician who was pulled over in Beverly Hills for running a stop sign, and he had a CCW from out of state and his weapon on him. He informed the police officer and they arrested him because it was illegal to conceal carry there. He is now on two years probation, and my first thought was “Why didn’t he just remain silent, take the ticket and go on about his way?”
Likely because a lot of people simply assume that the rules that apply in their state or locality also apply in other states or localities. When it comes to firearms if you are going to take them with you when you travel you need to know the laws of each state and potentially each county and city that you will travel through and ensure you comply with them or you risk ending up facing (perhaps potentially serious) criminal charges.
 

CdwJava

Senior Member
Some people are very surprised to find that CCW permits do not generally cross state lines, and many states (like CA) do not recognize permits elsewhere. There is also no state registry or database here to verify CCW permits, so when we come across someone with a permit we have to make contact with the issuing agency to verify it. Fortunately, the Congress largely remedied this for current and retired law enforcement officers some years back, but not for typical CCW holders.
 

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