MT law indicates that “when asked by officer if u r carrying you must respond” however lots of “legal advice” videos for traffic stops state that u should refuse to answer l’m confused on how to respond lawfully to the question
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Before our welcome team arrives… 
In Montana, there is no duty to inform, HOWEVER, if you are questioned by law enforcement and asked, it is in your best interest to answer honestly. IMHO.
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Thx Dave but still confused as on net “lawyers” are advising that during traffic stop if asked based on 5th & 14th amendment not to answer if carrying
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This 
in some cases (not sure about MT), it’s a misdemeanor to give a false statement.
However invoking your right to be silent is not lying. Just look at what the “Miranda” Rights warning message states:
- You have the right to remain silent
- Anything you say can and will be used against you in a court of law
- You have the right to an attorney
- If you cannot afford an attorney, one will be appointed for you
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I always tell the cop im carrying. Makes it easier and eases tension when the cop sees your being honest with him/her.
Was pulled over once in AK and mentioned i had a 45 at 3 o’clock and he said he had 2 on him. We laughed. He had me beat on firepower. He just asked i keep my hands on the steering wheel and after he ran me, just gave a warning.
Do you have to? Not sure but im legal and my guns are legal so not to worried about it
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There is a vast difference between disclosing you are carrying and spilling your guts to a LEO. Get ahold of a USCCA network attorney in your area and ask them. The consultation might cost you, but not as much answering a bunch of questions could. The LEO isn’t interested in anything except getting you to say something you should not have said…they are not trying to be your friend.
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That right there answers your question.
If the officer asks, be honest.
If they don’t ask, don’t divulge anything unnecessarily.
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Not good advice. Welcome to the community.
Even in MT. IF, you have a CCW, you are supposed to inform law enforcement. I used to live there and maybe they changed the kaw. But After 2 stops there while I was visiting, the only response I got, was, here in MT. everyone carriers a gun. Hahaha! The truth. Especially since grizzly bears have expanded their range way outside of the national parks. Oh yeah, don’t forget the cougars, black bears, wolves, Coyotes and 2 legged varmints.
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AI overview:
Montana does not have a statewide statute legally requiring concealed carry permit holders to proactively inform law enforcement of a firearm during a standard encounter. However, you must disclose that you are carrying if the officer directly asks you to do so. [1, 2, 3, 4]
Number one link is to USCCA.
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Hence my post on the “Miranda” warning.
No, the answer can be silence or stating your 5th Amendment right, the right to to self-incriminate. As I stated in my prior post, anything you say, can and will be used against you.
The Miranda case on the police not explaining/granting him his right to an attorney nor explaining his 5th Amendment right to not self-incriminate did succede, but he was still convicted of rape on other evidence.
That there is good info, no need to voluntarily give information when not asked.
Duty to Inform Officer You’re Carrying? Do you have a duty to notify a police officer that you’re carrying a concealed firearm in Montana?
There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in Montana, but out-of-state permit holders must be carrying a permit and ID.
Going back to the original post, it’s clear we all have different views on how to go about this.
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Tell them you are a ‘sovereign’, that you are ‘traveling’ not driving, and repeatedly say ‘14th amendment’. State Troopers love to hear it. 
JK
Edited
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And where in my post did I state that? 
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I’m going to throw a wrench.
On a regular traffic stop, the question won’t be “do you have a gun?” The likely question is the trick question.
“Is there anything in the car I should know about?” Typically this is not a question for a “routine” traffic stop. There’s obviously something else on the officer’s mind.
My official plan is to hand over drivers license, registration, proof of insurance and my CCW license all in one shot. All that paperwork is in one location, my wallet! Then the ball is in his court.
The answer to the next question “is it on you now?” Is
Yes. Now just follow instructions. Absolutely nothing can be resolved at the side of the road. Some officers like to play God and others appreciate the honesty and I consider it a professional courtesy to disclose using only my license to carry. No slips of the tongue. Like “Gun!” That freaks them out and in today’s environment they’re likely to react as they’ve been trained. My policy is to never trigger a cop on the side of the road.
In addition it’s likely there will be one on your passenger side inspecting you and your vehicle.
Routine “traffic” stop…”do you know why I pulled you over?”
“No sir” Then zip it!
The next question should be do you have your license and registration and proof of insurance.
If you can keep your answers in the positive things should go smoothly. Get your tickets, go home!
Everything is going to depend heavily on where and when. In my case my CCW is attached to the vehicle registration. So the officer already knows when he ran my plate. It’s good to live in a gun friendly state.
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MI CCW is through home address, not vehicle or drivers license. Im sure the cops know if they run my plates and gives my address…
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Virginia does not give anti-rights states information on CHP holders on traffic stops, such as MD on our Northern border. Our CHP info is linked to our license plates, too, so Virginia officers do know, but we are a non-disclosure state.
My one time I was questioned why I was not carrying. I explained that as a state employee I am not allowed to have a firearm in my vehicle on state property. That exclusion made me not able to carry most of the time.
A guard in my building, former Richmond police, did not know that policy and also questioned why I was not carrying. He would come to me to discuss firearm laws as I am a VCDL member and was at the time an NRA certified pistol instructor. I was shocked at how little he knew about state and federal firearm laws.
My best advice is to not say anything about your right to carry nor that you are carrying, unless the law in that state requires it.
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