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Concealment Clarification

Discussion in '2nd Gen. Tacomas (2005-2015)' started by nealkas, Oct 2, 2014.

  1. Oct 3, 2014 at 10:14 AM
    #21
    T4RFTMFW

    T4RFTMFW Well-Known Member

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    All issues avoided through responsibility. First thing you tell an LEO when he pulls you over is "I have a CCW/CHL and have a weapon on my person or in my vehicle."

    Never wise to let the officer learn for himself/herself.
     
  2. Oct 3, 2014 at 10:32 AM
    #22
    xbxb

    xbxb Well-Known Member

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    Every time I've been stopped the first thing the officer asks me is ---do you have any firearms on you. To which I respond yes and show him both of my licenses. They have always said OK please keep your hands on the wheel, I need your proof of insurance. In Kansas we now have open carry so some guys I know have a holster on their belt, and no one seems to be bothered about it. Just be polite and keep you hands on the wheel. If it's night time turn on the inside light.
     
    Last edited: Oct 3, 2014
  3. Oct 3, 2014 at 10:33 AM
    #23
    teamcurtis

    teamcurtis Well-Known Member

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    whattt be polite to cops????
    this is a crazy notion....

    what would be the benefit of not telling the cop?
     
  4. Oct 3, 2014 at 10:44 AM
    #24
    nealkas

    nealkas [OP] Well-Known Member

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    No problem, Devin. I wasn't offended at all. I was a little too cryptic trying to post in a hurry.

    Like I said, in a 'Hot Zone' your spot is tactically sweet. I just don't want to see anyone get capped through some tragic misunderstanding.

    In the event of a LEO encopunter, I'd recommend using the word 'firearm' or 'weapon' instead of 'gun, and in a calm voice.
    Something like:
    "There is a firearm in my console, under my jacket, or wherever."

    Using the phrase "I have a gun." might be misconstrued, especially as another mentioned when in a multiple officer encounter.

    I don't have a problem with firearms or shooting sports.
    Unfortunately, I also deal with a lot of knuckleheads who give firearms and shooting sports a bad rap.

    I know there are some police officers who fall short of the ideal.
    However, I've also seen plenty (too many) 'tough cops' crying at bad scenes, usually involving kids.

    And dealing with the public can sure strain your smile some days.
     
  5. Oct 3, 2014 at 11:26 AM
    #25
    teamcurtis

    teamcurtis Well-Known Member

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    Because if for some reason he saw it or found it, it would create a hostile situation.
    To avoid a potentially hostile situation.

    Ive never feared telling an officer I was doing something if it was legal
     
  6. Oct 3, 2014 at 11:41 AM
    #26
    Travesty

    Travesty Well-Known Member

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    I agree with this here. I always want to see everyone in the cars hands. Here in NC you have to inform the officer if you are carrying concealed with a permit.I have many people inform me they have their "CHP" (this is how it pops up in our computer) even though they aren't carrying and I appreciate that. Because when I run the vehicle's tag I can see if the registered owner has a CHP or not. So I'm always on the guard about whether or not the person is going to have a gun. With that being said no person with CHP has ever given me any trouble and I usually never give them tickets because they are good law abiding citizens if they have a CHP.

    Also if you are open carrying (lay the gun on the dash, passenger seat, etc) let the officer know. I have approached a vehicle from passenger side at night before and there were 4 people inside. I did not move past the last passenger and spoke to the driver from the right rear passenger window. It was a Honda civic if I recall correctly. The driver had laid his hand gun on the dash. Small .380. Due to lighting conditions and people's heads in the way I never saw the gun. Long story short the car ended up being searched and finding the gun was not taken lightly. And if your wondering the gun did come back stolen.

    Hands on the wheel, interior lighting on, windows down, and always asking for permission to reach for you license or registration will make the officer feel very at ease. We have a family to go home to at the end of the night too!
     
  7. Oct 3, 2014 at 12:05 PM
    #27
    RearViewMirror

    RearViewMirror Saw things so much clearer once you... were in my

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    Arkansas is a concealed carry state.
     
  8. Oct 3, 2014 at 12:30 PM
    #28
    Yotabilly

    Yotabilly Well-Known Member

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    I've had three interactions with PO while carrying.Like others before me said, windows down, int light on, hands on wheel. Each time the cop seemed indifferent of the fact I was carrying and although I'll never know for sure I think the fact that I had CCDW got me out of some tickets. Once when I handed my CCDW to the officer along with my license etc..he didn't even bother running my license (just handed them back and told me to slow down). I guess he assumed that since I had the CCDW I probably wasn't wanted or anything.
     
  9. Oct 3, 2014 at 12:33 PM
    #29
    JimBeam

    JimBeam BECAUSE INTERNETS!! Moderator

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    I had an incident that taught me a lesson a long time ago

    Stopped a vehicle coming out of a closed business that was regularly burglarized...at night...1 person in the vehicle...make contact get his info etc...

    turns out he's wanted so I lock him up...while inventorying the vehicle for tow, I found a gun in the little pouch behind the pass seat...grip sticking just above the lip so driver couldve grabbed it without looking and fairly easily

    I never saw it until he was in cuffs...had he decided he wasn't going to jail that night...it couldve been very very bad for me
     
  10. Oct 3, 2014 at 12:37 PM
    #30
    Yota64

    Yota64 Professional Threadjacker

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    This is one thing I have heard before. That when you let them know you have a CHL, they know you are not a felon and are most likely not causing any harm. I can see how this would affect their decisions on whether or not to give you a ticket.

    Question to LEOs... In my state you may have a longarm (unloaded) or a handgun (loaded) in your vehicle without a concealed carry license. If you pulled someone over in this state, what would you prefer them to do? Not mention it or tell you?

    To answer my own question, I found this on Google, VERY informative.
    https://answers.yahoo.com/question/index?qid=20091223024003AAY10t6
    This states you are legally required to tell the officer that you have a handgun in the car and where it is located if you do not have a CHL. If you do, you are required to tell him you have the CHL.

    So though the question is now answered, I'd like to post it anyway for those curious for future reference.
     
  11. Oct 3, 2014 at 12:53 PM
    #31
    Paleus

    Paleus Well-Known Member

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    Although the ASP is still issuing permits, it's kind of cloudy now that Act 746 was passed. Some people are calling it constitutional carry. One thing it did clear up for sure is what a "journey" is and that you can have a weapon without a permit if traveling outside your home county.
     
  12. Oct 3, 2014 at 2:22 PM
    #32
    nealkas

    nealkas [OP] Well-Known Member

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  13. Oct 3, 2014 at 2:30 PM
    #33
    Travesty

    Travesty Well-Known Member

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    Man I know that feeling that you had in your stomach. I have had it before as well. Things like that really make you learn to never be content or relaxed while making a traffic stop. Stay safe out there brother.
     
  14. Oct 3, 2014 at 4:40 PM
    #34
    kg5ie

    kg5ie Well-Known Member

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    Texas is a gun friendly state. Texas Motorist Protection Act allows anyone who can legally own a handgun to carry it in their motor vehicle, boat, or RV as long as it is concealed. If you have a CHL and are carrying when stopped, you must provide both Drivers License and CHL. If not carrying, you are not legally obligated to show the CHL. Experience says you will likely be treated better if you provide both licenses all the time. And YES...if pulled over at night please turn on the dome light and keep both hands on the wheel until asked for ID.
    Depending on the severity of the offense, most stops go like this:
    Drivers License and proof of insurance please.....
    You provide DL, CHL, and Ins. card....
    I see you have a CHL, are you armed today?
    You...."Yes"
    Are you willing to use it if absolutely necessary?
    You..."Yes..absolutely"
    Thank you, have a nice day...please slow down...you have a tail light out...you have a headlight out...etc.
     
  15. Oct 3, 2014 at 4:45 PM
    #35
    TheFang

    TheFang No Big Deal

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    It comes down to a few factors if I'll tell the cop or not.
    1) Why did I get stopped? If its for my speed or limo tint, which it usually is, I'll just give him my info and take the ticket. GTG.
    2) Have I been asked to step out of the truck? If yes, I'll inform the cop that I am carrying and have a CCL so he doesn't find out on his own.
    3) Rules one and two are not absolutes. If Im in a state that requires disclosure of CCL, then Ill hand it over.
    I don't like putting my gun in my glovebox due to it being seen when I go for my registration and insurance.
     
  16. Oct 3, 2014 at 5:45 PM
    #36
    Texasantilib

    Texasantilib Well-Known Member

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    Edited
     
    Last edited: Oct 3, 2014
  17. Oct 3, 2014 at 6:02 PM
    #37
    white08gt

    white08gt Well-Known Member

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    in my CCP class the question was asked to the instructor what to do if pulled over. he is a deputy sheriff, take DL and CCP in both hands and place on top of the steering wheel before the LEO walks up to the vehicle. let him know whether you are carrying at the moment. if this is done no reason to reach for anyhting till he asks for more info. this is in Tn.
     
  18. Oct 4, 2014 at 1:56 AM
    #38
    Yota64

    Yota64 Professional Threadjacker

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    If an officer asks you to step out of the vehicle, and correct me if I'm wrong, but I have been warned to first ask why. Whether or not you have to get out without reasonable suspicion I do not know. Many on YouTube have posted videos of not doing anything the officer asks without just cause and nothing bad happening.

    If you are further asked to get out, I believe you must state, "I do not consent to this search" if you don't consent because getting out is providing consent without a warrant.

    Can anyone tell me if these statements are true?
     
  19. Oct 4, 2014 at 2:05 AM
    #39
    Travesty

    Travesty Well-Known Member

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    If an officer asks or you to step out of the vehicle, you have to step out of the vehicle, there is no reasonable suspicion required. Source: Pennsylvania v. Mimms.

    This also holds true for all passengers of the vehicle. Source: Maryland v. Wilson.

    Getting out of your vehicle does not give consent for your person to be searched. Now if an officer develops reasonable suspicion that the person (you) has committed, is committing, or is about to commit a crime and has a reasonable belief that the person (you) "may be armed and presently dangerous" then they may conduct a frisk or pat-down. This is not a search. Source: Terry v. Ohio.

    During a pat-down or frisk if the officer feels an object which is immediately apparent to be contraband (cellophane baggie with marijuana, crack cocaine, gun, etc.) then the officer may reach in and take it. This is covered under the "plain feel doctrine". Source: Minnesota v. Dickerson.
     
    Last edited: Oct 4, 2014
  20. Oct 4, 2014 at 5:41 AM
    #40
    JimBeam

    JimBeam BECAUSE INTERNETS!! Moderator

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    Yup, the courts say we can have anyone get out of the vehicle on a traffic stop. It isn't a search in any way shape or form
     

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