Disclose CCW if someone you are riding with get stopped?

Thank you all. I have the answer now
States of Ohio & Michigan, you are required to disclose if you are stopped by the police at a traffic stop.
My question is, if you are concealed carrying and riding with someone else (who may or may not know that you are carrying) are you required to interject when the cop comes up to the window if they are stopped?
I tried searching and did not see this particular question already asked. If I missed it please give me a link to that discussion. Thank you.

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This is a state-by-state thing. You will have to research the details of duty to inform laws in each state.

Moving to the states you name, using information from HandGunLaw.us

[Edit 6/19/22] See Updated info below in later post by Skippy Sanches. The Ohio statutes cited here became heavily changed on 6/13/22.The short answer now is NO for both driver and passengers. See the rest of this thread for more relevant discussion.

Ohio: First, note that this applies if you have a permit or are carrying under the new permitless carry, even though the specific section of law uses the term permit. YES, as a passenger you are under the same requirements to inform as the driver. see Section 2923.16 | Improperly handling firearms in a motor vehicle Section E which has the phrase

who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose.

Michigan: The site pulled the answer YES from MCRG (Michigan Coalition for Responsible Gun Owners):
Q: If I am a passenger in a car that is pulled over and I am carrying my pistol, do I have to disclose to
the officer who comes up to the driver’s window that I am carrying?
A: Yes. MCL 28.425f states: " (3) 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." If the vehicle you are riding in has stopped, you have been stopped, and must disclose immediately to the officer that you are armed. Obviously, you want to state this fact in a businesslike and calm manner. Have some sympathy for the position of the law enforcement officer, and let him or her know that you are disclosing as required by law. Some officers recommend that you hand over your CPL and Driver’s License together as www.handgunlaw.us
Here in Arkansas you must notify the LEO if you are carrying when the LEO asks you to identify yourself. That request can be as simple as asking for name and birth date; it does not have to be a request for your drivers license.
Thus, for the scenario you described, in Arkansas as a passenger you would not be required to notify unless the officer asked you for your name and some other identifying information such as birth date or address. However, it might be wiser to go ahead and inform the officer juut to avoid a problem if he later discovers you are armed.

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Thank you!

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Thank You for sharing the link which helps to be compliant, sir!

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It’s good to know the laws of the states you may be traveling in. In my state, Utah, the BCI FAQ says:

If I get stopped by a police officer, do I, as a permit holder, have to tell the officer that I have a gun in my possession?

"Although there is no legal requirement to identify yourself to a law enforcement officer, it is recommended to do so.

If an officer finds or sees a gun on your person during their contact with you, and you have not identified yourself as a permit holder in legal possession of a firearm, the officer may assume you are carrying the gun illegally and may take defensive action. For the safety of all involved, it is recommended to immediately identify yourself to the officer as a permit holder in possession of a handgun. This action gives the officer some assurance they are most likely dealing with a law abiding citizen."

I don’t think this has been updated to reflect the change in Utah State Law to Constitutional carry. I do however think it would be smart to tell them even if you didn’t have a permit.

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Welcome to the family @Catlady76 and you are blessed to be here.

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@Catlady76 Welcome to the community.:us: :us: :us:

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Here’s this from https://www.usacarry.com/ohio-constitutional-carry-what-you-need-to-know/

"## Are persons compelled to inform a law enforcement officer that they are carrying a concealed handgun [in Ohio]?

No. When the new law goes into effect, the duty to inform the officer is only when or if the officer asks if you are carrying a handgun. We recommend that all officers routinely ask if the person has a concealed handgun."

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Thank you

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THank you.

Having cited HandgunLaw above to say yes, you must inform, I appreciate this updated answer. A little more web search sent me to a page at Columbus Bar Association that tells us

In addition to the creation of the term “Qualifying Adult”, S.B. 215 has also amended the Ohio law regarding notification to law enforcement when armed with a concealed handgun. Presently, when a CHL holder is stopped for a law enforcement purpose, they must promptly notify the officer that they are armed. Under S.B. 215, a Qualifying Adult or CHL holder must not knowingly fail to disclose before or upon being asked by a law enforcement officer that they are carrying a concealed handgun.

Then looking at SB 215 itself, see the changes as shown here. Bold sections are new inserted language, ,and [bracketed italic] is being deleted from th[ law:

(1) If the person is stopped for a law enforcement purpose and is carrying a concealed
handgun, before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to ]promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a concealed handgun license and that] disclose that the person then is carrying a concealed handgun, provided that it is not a violation of this division if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;

(2) If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;

=-=-=-=
As a side note, see the photo on the CBA page with some dude (lawyer?) about to shoot himself in the @$$.

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If you are a passenger in a vehicle that has been stopped, you are detained and the duty to inform, if it exists in the jurisdiction, would apply to you. When a vehicle is stopped, the driver and all occupants are detained. ** BRENDLIN v . CALIFORNIA** 551 U.S. 249 (2007).

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Good question! IMHO, it’s a judgement call. If the LEO is not addressing you directly, I might stay out of it and keep silent. Why change the situation? You could be “Shooting yourself in the foot”! You know the old saying, “ No good deed goes unpunished “! Having said that, of course this is predicated on the fact that you are complying with the law.

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PS: the driver of a car in my state can also get a seat belt ticket if the passenger isn’t wearing one. Common sense I would think the driver would pretty much be the captain of the ship.
PSs: you better be in control ; if the poop hits the fan :question:

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Kentucky also holds the operator of a motor vehicle responsible for all occupants of a vehicle being belted in or in car seats or boosters. The statute begins with “[a] person shall not operate a motor vehicle … unless the driver and all passengers are wearing a properly adjusted and fastened seat belt.”

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True story ; how I found that out. On 95 south, get in fast lain, pass tractor trailer in middle lain like he was standing still with Smokey hiding in front of the rig, get pulled over, Smokey says “ got you on video
do you want a ticket for speeding or your passenger not having a belt on” with a big goofy smile, all three of us laughed are ass off and it was worth the $75.00 dollar fine.
image

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I live in Pennsylvania, although we do not have “duty to inform “ I think it is safer to do so for all parties! I have been stopped once while carrying concealed, I informed Leo I was a legal permit holder and in possession of my hand gun. The officer asked where it was located and said as long as it stayed where it was it was all good. I also hand my permit with my drivers license for extra honesty to officers.

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Some very good and informative responses to this query. Know that a traffic stop is a technical arrest (based hopefully on reasonable suspicion or better PROBABLE CAUSE). That being said all occupants of the STOPED vehicle still retain all of their Constitutional rights (you should know them). Yet, the passengers are considered present and participating in the actions of the driver/operator during the the commission of the offense, ergo though they retain their rights are subject to police scrutiny. I could add a bunch of Supreme Court cases and such as HIIBLE, TERRY, BRENDLIN, JOHNSON, HENDERSON, KERSEY… and the list goes on, but if you are carful and law abiding as well as your associates all of this is academic. B safe, BoB ¥

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I thought the duty to inform in Ohio changed when Permitless-Carry was enacted?

“Citizens will no longer have the duty to “promptly” notify every law enforcement officer during an official stop. Instead, the person must disclose that they are carrying a concealed handgun only after an officer asks.”

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It did. See the post above from SkippySanchez and my reply to his post, correcting my first (out of date as of 6/13/22) reply in this thread.

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Aside from those states that require disclosure, it is my opinion that in MOST cases it is common courtesy to inform the Officer and keep your hands in view.

However, there can be an initial period wherein the officer is making a quick contact and it might be unnecessary or even distracting.

As in all situations, use common sense and courtesy.

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