Sitting Duck Policy

Question

If I’m carrying a firearm in my vehicle and am pulled over for a routine traffic stop, should I inform the officer about the presence of a firearm?

Answer

First, we don’t offer legal advice on this site. You’ll want to contact your attorney or Department of Public Safety (or both) to make sure you’re abiding by the laws in your locality.

Second, we at Sitting Duck Policy have the utmost respect for those involved in law enforcement. 

When you are pulled over you are, by definition, being detained. You are not free to leave until the officer permits you to leave. The officer will ask you questions and is authorized to keep you detained until they have completed their investigation.

If the law requires you to notify the officer, abide by the law. Otherwise there are two schools of thought on what to do next.

• One says don’t tell the officer anything more than what you’re legally required to, and exercise your right to remain silent.
• The other says to be open and cooperative.

It’s up to you to decide how to proceed.

If you are in a locality that requires a permit to carry a firearm, when the officer asks you for your license and registration also pass him/her your carry permit. Don’t volunteer any information that you’re not specifically asked.

If they then ask you if you are carrying a firearm you can reply that you have a permit and are legally allowed to do so. It’s not answering their question per se, but it is notifying them that you are legally allowed to do so.

If they ask again, you can either respond by asking "am I legally required to answer that?" or answer specifically in a manner such as "my sidearm is on my right hip".

Remember, if you answer, you are required to answer truthfully; ironically, LEOs are under no such requirement to be truthful to you.

Furthermore, anything you say WILL be used against you. You are protected against self-incrimination in that you are not required to testify against yourself; however, you may ignorantly voluntarily testify against yourself. That is not illegal.

Know the law. Know your rights. Don’t let anyone, even a LEO, tread on those rights.