Requirement to divulge weapons in a car OR on your person

[INGunGuy]

I have read Indiana code over and over, and I see no where in Indiana Code where there is any legal requirement to notify a police officer about your carrying status during any kind of a stop. I am not wanting to start a debate on whether it is good/bad/indifferent to notify a police officer about your carry status. My question deals with something more specific.
So you are driving down the road, speeding, run a stop light, etc and are stopped by LEO. When the LEO asks for your drivers license, he notices your little pink card and asks if there are any weapons on you or in the car. Now here is the question, do you have to answer that question? What about if you answer no, and for whatever reason a rifle/shotgun is found in your trunk which you had forgotten was in there, are you going to get jammed up? What about if you knowingly lie to a LEO and say no, you are not carrying and you are, and then found to be carrying, have you broken any laws?

Thanks,

INGunGuy

 

[Indy_Guy_77]

I think that at that point it's an "official question" and should be answered truthfully.

"I have no illegal weapons in the vehicle, but there is a XXX and a ZZZ in the trunk and I have XYZ in a holster on my hip."

What I do not know, though, is if this is enough PC for a vehicle search. Something tells me that it probabaly is.

-J-

 

[jedi]

I'm sure someone will come along and post the ICs (I'm feeling lazy to look them up or even look at the FAQ) but based on prior reading here (the topic has come up before) the short answer is...

[STRIKE]
if LEO ask if you have a firearm in car/on person you MUST answer the question AND you should answer honestly or to the best of your knowledge.
[/STRIKE]

u know i'm not sure anymore & don't want to give incorrect info. So ignore my statement.

 

[johenz]

That's the way I read it as well.

 

[rmabrey]

You do not have to inform an officer during a traffic stop. To the best of my knowledge there is nothing in the IC covering, however if I am wrong someone will correct me. I am pretty sure if you are asked you do not have to answer or you can invoke your right to remain silent. By doing so, you risk at the minimum a trip to jail or getting a gun pointed at you.

Cliff notes: Be courteous and inform the officer

 

[jsgolfman]

If you are asked, simply state there is nothing illegal in your vehicle and leave it at that.

 

[IndySSD]

FYI none of this is any type of LEGAL REQUIREMENT... however last time I checked it isn't against the law to be respectful of others who have dangerous jobs either....


I personally know and am related to LEO's so I always attempt to show " good will " by stating my LTCH status and letting them know ahead of time what firearms I've got with me, whether they are loaded or not and where they are located.

I've never had anything but excellent interactions with LEO while carrying using this method. It's a sign of respect and coupled with being polite and respectful verbally.

Another thing to help smooth over any potential LEO encounters is to (if driving specifically at night) stay in your vehicle, turn on your overhead light, place the vehicle in park, turn the vehicle off and keep your hands in plain sight from the time you pull over until the officer asks you to retrieve something (license/registration/insurance).

Generally if you show respect for the officers safety and comply with any lawful directions while cooperating verbally, more than likely they will recognize this and treat you with respect in return. (Unless they are complete jerks or you did something so retarded that you deserve what you're about to get).

 

[Donnelly]

What about if you knowingly lie to a LEO and say no, you are not carrying and you are, and then found to be carrying, have you broken any laws?

Thanks,

INGunGuy

I believe you could be charged with obstruction of justice for knowingly lying about having a weapon. Whether said charge sticks...

Lying in regards to possession of a weapon is also an excellent way to get face-planted in public. Just saying.

 

[INGunGuy]

I want to make sure and let everyone know that I am NOT advocating NOT informing a LEO if you have a weapon on you or in your car. I do believe that it is in the best interest of EVERYONE involved that if you are carrying, and are asked by LEO if you are, to be truthful and say you are. My concern was that the other day, I was out UNARMED, yea go ahead and flame me for that, Anyway, I was out unarmed, and I was pulled over for "Not using my turn signal" which was BS to begin with, but that is for another post. Anyway, when I was asked for my drivers license, I went to pull it out, the LEO noticed my pink card, and asked if I had any weapons in the car. I told the officer that I was unarmed at that time. Well, no tickets were issued, and I was let go within about 45 seconds after showing my ID, after being told there were problems with kids joy riding, and that was why I was pulled over. Anyway, after I got home, I opened my trunk and to my surprise I had forgotten my .243 was in the trunk, and I told the officer that there were no weapons in the car. I was wanting to find out if there was an IC that would cover not notifying an officer of the presence of a firearm.

Again, if you are carrying, and asked by LEO, just tell them the truth, and honestly that makes things go MUCH MUCH smoother.

Thanks,

INGunGuy

 

[downzero]

FYI none of this is any type of LEGAL REQUIREMENT... however last time I checked it isn't against the law to be respectful of others who have dangerous jobs either....


I personally know and am related to LEO's so I always attempt to show " good will " by stating my LTCH status and letting them know ahead of time what firearms I've got with me, whether they are loaded or not and where they are located.

I've never had anything but excellent interactions with LEO while carrying using this method. It's a sign of respect and coupled with being polite and respectful verbally.

Another thing to help smooth over any potential LEO encounters is to (if driving specifically at night) stay in your vehicle, turn on your overhead light, place the vehicle in park, turn the vehicle off and keep your hands in plain sight from the time you pull over until the officer asks you to retrieve something (license/registration/insurance).

Generally if you show respect for the officers safety and comply with any lawful directions while cooperating verbally, more than likely they will recognize this and treat you with respect in return. (Unless they are complete jerks or you did something so retarded that you deserve what you're about to get).

1. Police work is among the safest jobs in our economy. Dangerous jobs my ass.

2. Just because your interactions have been good in the past does not mean that you will not be hassled in the future. A quick search on this very site of law abiding citizens' interactions ought to be enough to demonstrate that.

3. Agreed on turning on the light, putting car in park, putting hands on the steering wheel, etc.

On a further note, I would not answer any question during a traffic stop that didn't have anything to do with the specific reason you are pulled over. The simple response is, "I'm not at liberty to discuss that with you, officer."

The last thing I ever want a police officer to know during a traffic stop is that I'm armed. There's no reason for them to become nervous for no reason.

I do have a friend who likes to call out, "I have a gun!" when they come to the window. Last I checked with him, the officer's response was, "so do I, don't show me yours and I won't show you mine." If they all went that well, I might not mind informing them.

 

[SirRealism]

I want to make sure and let everyone know that I am NOT advocating NOT informing a LEO if you have a weapon on you or in your car. I do believe that it is in the best interest of EVERYONE involved that if you are carrying, and are asked by LEO if you are, to be truthful and say you are. My concern was that the other day, I was out UNARMED, yea go ahead and flame me for that, Anyway, I was out unarmed, and I was pulled over for "Not using my turn signal" which was BS to begin with, but that is for another post. Anyway, when I was asked for my drivers license, I went to pull it out, the LEO noticed my pink card, and asked if I had any weapons in the car. I told the officer that I was unarmed at that time. Well, no tickets were issued, and I was let go within about 45 seconds after showing my ID, after being told there were problems with kids joy riding, and that was why I was pulled over. Anyway, after I got home, I opened my trunk and to my surprise I had forgotten my .243 was in the trunk, and I told the officer that there were no weapons in the car. I was wanting to find out if there was an IC that would cover not notifying an officer of the presence of a firearm.

Again, if you are carrying, and asked by LEO, just tell them the truth, and honestly that makes things go MUCH MUCH smoother.

Thanks,

INGunGuy

I'm glad you started this thread. I've thought about this situation quite a bit, myself. Naturally, we should all know where our guns are, but my memory just isn't what it used to be. It's pretty easy to leave stuff in the trunk after a range day. Add to that the stress of being pulled over, and it could be quite easy to lie unintentionally.

 

[Snayperskaya]

Yelling "I have a gun" sounds like a good way to get your @$$ beat by the police.

 

[pankake]

I have seen permit carriers put both hands out the driver's door window after being stopped by LEO. As the officer gets up to window, the driver informs the LEO that he/she is carrying and the location of the gun(s). LEO's just want to know where the weapon is so that when you start reaching into the glovebox or center console for paperwork, there shouldn't be a surprise when the LEO sees a gun and, as said earlier, LEO won't show ya his gun.

As for answering the question if there is a gun in the car, if you have your permit you have no reason to hide anything. If you decline to answer or say no when in fact you are carrying, the thought process in the LEO's mind is you are hiding something if a gun is found and you will be detained a lot longer. No one likes to be lied to.

 

[Bill of Rights]

I'm glad you started this thread. I've thought about this situation quite a bit, myself. Naturally, we should all know where our guns are, but my memory just isn't what it used to be. It's pretty easy to leave stuff in the trunk after a range day. Add to that the stress of being pulled over, and it could be quite easy to lie unintentionally.

See, that's a point that came to mind. If you told him something that in good faith and to the best of your knowledge was true but it turns out it was not, you have not lied, which IMHO is an intentional act. Granted, proving that fact would be almost impossible. In light of that, I'm thinking my answer if asked if I had a firearm in the car would likely either be "Yes sir/ma'am", without elaboration vs. "I don't think so, sir/ma'am.", which would be very unusual. If questioned on the latter, I'd be happy to explain that I own firearms and I think I removed them all after my last trip to the range, but I'm not 100% sure and I don't want to make an untrue statement to a cop.

I would not, however, have thought about that had it not been for your post. Thank you, and rep inbound to you and the OP.

Blessings,
Bill

 

[sj kahr k40]

The last time I was pulled over I held my handicap placard out the window and the LEO was quite nice to me, I will be using this strategy from now on if I get stopped, but I didn't inform him I was carrying and won't unless asked.

 

[Fixer]

Unless it is in the glove box with the registration and will be seen when asked for it, I generally do not disclose that I am carrying unless asked. The cops have to have probable cause to search a vehicle or your permission. A general traffic stop will not warrant a search unless your car smells like weed or alcohol. If asked then best policy is to be truthful or it could cost you a few hours of your life because the police officer is upset that you lied. I believe they can detain you for no real reason if you upset them by being stupid. I would hope that most LTCH holders would be polite and respectful to LEO. Sometimes even if it is not deserved.

 

[Joe Williams]

You do not HAVE to answer any questions he/she asks you, aside from properly identifying yourself. But DO NOT lie to them. If you don't wish to answer, don't. There are several ways to do this, ranging from rude to as pleasant as possible, just so long as you do not lie.

Some cops will abuse you for exercising your right to remain silent. If you choose to do so, be prepared for that possibility.

 

[Joe Williams]

I think that at that point it's an "official question" and should be answered truthfully.

"I have no illegal weapons in the vehicle, but there is a XXX and a ZZZ in the trunk and I have XYZ in a holster on my hip."

What I do not know, though, is if this is enough PC for a vehicle search. Something tells me that it probabaly is.

-J-

Where would the PC come from? Since the officer knows you have an LTCH, the presence of any weapons does not give him grounds to suspect a crime.

 

[Integraholic]

My question is, how do you FORGET where your firearms are?

 

[PatriotPride]

If you are asked, simply state there is nothing illegal in your vehicle and leave it at that.

This. However, if you drive through Michigan, you MUST disclose immediately. You CAN, in Indiana, refuse to answer the question, or answer it as the above quote states.