Duty to inform if not the driver in a traffic stop?

@Dawn the details weren’t there but it was on one of the slides (the summary). the inform within 40 seconds being not considered “immediate”. I remember it surprised me that it was in the USCCA slide deck.

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I couldn’t find it in the slides (doesn’t mean it’s not there :slight_smile: ), but I did find it in the Concealed Carry and Home Defense Fundamentals 2nd Edition book, page 207.

Edited: Found it! It’s in the Michigan state-specific powerpoint:

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@Dawn, that’s the one!
do you happen to know what court case is being referenced?

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I have spent an hour looking for a citation for that case and came up empty. So I’m going right to the source and have reached out to Michael Martin who wrote Concealed Carry and Home Defense Fundamentals.

I will let you know when he emails me back! :slight_smile:

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@dawn yay! exceedingly cool. SO nice to have an insider on our team :smiling_face_with_three_hearts:

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In before the location reveal, going to say Wayne County.

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While not officially stopped, a Nevada Highway patrol officer pulled up behind me on the side of the road (waiting on a tow), I stepped out of my vehicle, hand in pocket, right arm on top of the door and waited for him to get out.

Had a little chat about waiting on a tow and such, few basic questions. I made brief note of my permit to carry and having a few on my person (3 when he stopped. 4 presently as I not going to leave the 4th in the car when the tow truck arrives).

Officer asked me about the lights on my car. Visibility and such. Let him know I was equipped for emergencies, opened the back hatch to give a brief look.

Officer checked back a bit over an hour later on his way back, still waiting on a tow.

No matter the state. Every officer even when not stopped by the LEO, just a checkup, never had a problem when I tell them I have a permit to carry even when I don’t have duty to inform.

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Oh no! You’re broken down on your vacation, @Orpackrat?? :frowning:

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@Dawn

Punctured tire just before midnight, 12hrs later back on the road, tire punctured about 535 miles into trip, just fueled at 767 miles in.

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dude, that sucks :slightly_frowning_face: glad you’re all road-worthy now though. :+1:

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Would you be so kind as to clarify the passenger question? I am in IL. One area that I am often the passenger is an area where it seems like the police stop cars randomly, or every car fits a description of some report.

If I am the passenger while my friend is driving and pulled over (in IL) for, for example, “fitting the description of a vehicle” blah, blah, blah, when and how do I proceed?

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And… it depends on the state @Scotty. In Michigan, case law indicates that if the vehicle is stopped, all persons in the vehicle are stopped, and all are required to comply, not just the driver. So as a passenger in a car in Michigan, you must inform immediately, even if you’re not the driver.

In Missouri we’re constitutional carry so you only have to inform if the officer asks… and again that would apply to each person in the car. I haven’t seen the case law on this one, but my guess is that if the officer asks the driver if they’re armed, passengers would be much less likely to have issues if they informed as well.

The USCCA Illinois page:
https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/il-gun-laws/
has this:

The law itself indicates that passengers must inform, although it doesn’t clarify if the officer has to ask each person individually. Being on the conservative side with this would be a prudent choice, so if it were me as a passenger in Illinois, I’d be informing if the officer asked the driver that information.

here’s the law:

(h) If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee or a non-resident carrying a concealed firearm under subsection (e) of Section 40 of this Act, upon the request of the officer the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, or present the license upon the request of the officer if he or she is a licensee or present upon the request of the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is a non-resident qualified to carry under that subsection. The disclosure requirement under this subsection (h) is satisfied if the licensee presents his or her license to the officer or the non-resident presents to the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is qualified to carry under that subsection. Upon the request of the officer, the licensee or non-resident shall also identify the location of the concealed firearm and permit the officer to safely secure the firearm for the duration of the investigative stop. During a traffic stop, any passenger within the vehicle who is a licensee or a non-resident carrying under subsection (e) of Section 40 of this Act must comply with the requirements of this subsection (h).`

(h-1) If a licensee carrying a firearm or a non-resident carrying a firearm in a vehicle under subsection (e) of Section 40 of this Act is contacted by a law enforcement officer or emergency services personnel, the law enforcement officer or emergency services personnel may secure the firearm or direct that it be secured during the duration of the contact if the law enforcement officer or emergency services personnel determines that it is necessary for the safety of any person present, including the law enforcement officer or emergency services personnel. The licensee or nonresident shall submit to the order to secure the firearm. When the law enforcement officer or emergency services personnel have determined that the licensee or non-resident is not a threat to the safety of any person present, including the law enforcement officer or emergency services personnel, and if the licensee or non-resident is physically and mentally capable of possessing the firearm, the law enforcement officer or emergency services personnel shall return the firearm to the licensee or non-resident before releasing him or her from the scene and breaking contact. If the licensee or non-resident is transported for treatment to another location, the firearm shall be turned over to any peace officer. The peace officer shall provide a receipt which includes the make, model, caliber, and serial number of the firearm.`

and… I’m not a lawyer so consider my advice accordingly :slight_smile:

Maybe @MikeBKY can weigh in.

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If your here in IL and forthcoming to the cops you will never get in trouble. Never hide anything and you will never get in trouble. Hiding is considered lying

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With the usual caveat that I am not an attorney licensed to practice in IL, I agree with @Zee. Generally, if a vehicle is stopped by the police, all occupants are seized. With that being the case, I would consider the request by the police officer to be a request made to all occupants and would inform the officer.

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Interesting topic. I live in a “shall inform” state. But I have been told by LEO that it is only required for basically official stuff. Like if I am pulled over, involved in a wreck, or dealing directly with an officer. So, if I am a passenger in a car pulled over, of course I will obey the officer’s’, but do I try to hand my permit to the officer, speak out that I am carrying? I have been in a vehicle with 4 other CHL holders, might be a shock to a new LEO if we all inform them. Not as a threat of course!

How do you calmly and promptly inform an officer at the front of the vehicle if you are in the back seat, or worse, third row? One on one with an officer, no problems yet, I just calmly inform them, or hand them my CHL along with my DL. Best response was from a female officer, “Don’t show me yours, and I won’t show you mine.”

Of course, if the officer asks if anyone is armed, that would make it easy.

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In the states I’m familiar with, “must inform” applies when you are contacted in an official capacity. That means you don’t have to blurt out “I’m licensed and I’m packing!” if a cop says good morning to you at McDonald’s.

However if you are in a state like Michigan which considers that all passengers of a vehicle have been stopped, not just the driver, the third row center passenger HAS been contacted in an official capacity. Since its a “must inform immediately” state, and the courts have found that 40 seconds after being contacted is NOT “immediate” and constitutes a violation, you risk having your permit revoked if you wait until the LEO asks you.

I think the proper protocol is dome lights on, all windows down, hands on the wheel / dash / headrest in front of you for everyone. Once the officer greets you. The next sentence out of the driver’s mouth should be “I have a concealed carry permit and I am carrying on my right hip today. Two of my passengers also have permits and are also carrying. What information do you need and how would you like us to proceed?”

If the driver doesn’t know I’m carrying, I’d be sticking my head out the window, or as close as I can get, and informing as soon as the officer says hello.

You might be fine if you don’t, but you’re gambling with your permit. You don’t know who the officer is… might be his first day on the job and hes looking to impress, or his wife may have just left him.

Again, I’m not a lawyer, but that’s the way I think about it.

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Thank you. I am appalled to hear someone being convicted in such a scenario if accurate and no mitigating facts have been accidentally omitted. Sounds like an activist judiciary and an officer with a problem beyond said events if description of situation is accurate.

Interrupting an officer during a traffic stop would immediately set a bad tempo with said officer I feel. Their questioning and statements have a definitive agenda regardless how innocuous such seems to the average citizen. Plus I’m not in the habit of Interrupting people much less an law enforcement officer while in official capacity. I don’t want an officer already perturbed at me before notifying them I am licensed to carry and have my weapon on me.

Good question by original poster…

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Welcome to the group @_PCWrightTX!
I think ticking off the officer is a good question. In Michigan where the law says “immediately” and 40 seconds has been found to be too long by the court, it might be good to handle it differently than in places where immediately isn’t in the law. And polite does matter. :slightly_smiling_face:

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Thank you. It’s my honor to be with such a distinguished group of our citizenry.

Blessings…

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I know the courts have ruled 40 seconds is too long, but I’ve always greeted the officervwith a smile, allowed them the opportunity to establish the flow of conversation and told them at the first opportunity. It would probably be easiest to demonstrate what I mean.

As I get pulled over I roll my window down and place both hands high on the wheel. If it’s warm I will shut my engine off.

Officer approaches: "Good evening/morning/afternoon. I’m going to need your license, registration and proof of insurance. Do you know why I’ve pulled you over today?

Me: "Before I reach for anything sir, I have my CPL and I am carrying today. My sidearm is on my right hip, my wallet with my license and CPL are in my left front pocket. My registration and proof of insurance are nowhere near my sidearm, how would you like me to proceed?

From here it all depends on the officer, but what I’ve done is both informed them and given them the opportunity to decide how they want to proceed based on the information I’ve given them. The officers in my area of Michigan will likely strike up a conversation about guns and the whole stop will end up being rather pleasant.

I’ve heard some of the cops downstate, near where @Zee works aren’t nearly as friendly about it.

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