Recently, a Florida sheriff’s officer wounded a man during a traffic stop while pulling a legally carried .45 caliber Glock from the man’s inside the waistband holster. Florida law imposes no duty to inform law enforcement about weapons one has during police contact, but the motorist had volunteered the detail. See https://www.news4jax.com/news/local/2024/12/14/gun-unexpectedly-fires-while-jso-officer-tries-to-remove-it-from-mans-waist-during-traffic-stop-police-say/
The episode raises concern, both for residents of states that impose a duty to inform, as well as armed citizens who live where there is no statutory requirement to inform police you are armed.
We asked our affiliated attorneys about duty to inform and related issues and appreciated their many responses to the following questions –
Does your state law require citizens to tell police they are armed if contacted by law enforcement? What is the penalty for failing to disclose that information?
Is that requirement applicable to any in-person contact or is it specific to traffic stops? In cars, does it apply to passengers, as well as drivers?
If a citizen is specifically asked by law enforcement if they are armed, is lying a crime in itself? How is this typically punished?
This is the second installment of this question, owing to the number of responses our Affiliated Attorneys provided. The first installment is at https://armedcitizensnetwork.org/march-2025-attorney-question .
Adam G. Wood
Wood Law Offices, PLLC
1213 Culbreth Drive, Suite 431, Wilmington, NC 28405
885 Gold Hill Road, Suite 3013, Fort Mill, SC 29708
704-992-7546
https://www.wood-lawoffices.com/For North Carolina and South Carolina (plus federal):
1. North Carolina:
Yes, you must inform law enforcement if you’re carrying a concealed firearm. This applies to any in-person interaction with law enforcement, not just traffic stops, and failure to disclose this information is a Class 2 misdemeanor (N.C. Gen. Stat. § 14-415.11(a)). North Carolina allows open carry, so if you’re openly carrying, the disclosure requirement does not apply.
In either case, you should not hide or lie about carrying a firearm, both for safety reasons (as the example scenario highlights) and because providing false information to a law enforcement officer is a Class 2 misdemeanor (N.C. Gen. Stat. § 14-225).
It is prudent for anyone interacting with law enforcement while carrying a firearm (open or concealed) to remain calm, keep the firearm holstered or place it in a visible, safe location (e.g., dashboard), and inform the officer: “I’m carrying a firearm in my [waistband, ankle, etc.]. Would you like me to remove it from the holster?” Avoid any sudden movements or reaching for the firearm until the officer instructs you.
2. South Carolina:
This would have been the same until the Constitutional Carry Law went into effect in March 2024 (HB 3594). Now, individuals aged 18 and older who are not otherwise prohibited from possessing a firearm can carry both openly and concealed without a permit. The previous requirement to notify law enforcement during traffic stops or other interactions has been removed.
However, it remains a crime to lie to a law enforcement officer (S.C. Code Ann. § 16-9-350), and the same prudent approach applies: inform the officer if you’re carrying and avoid sudden movements, as outlined above for North Carolina.
3. Federal:
Given the numerous military installations and National Park Service-managed sites across the Carolinas, it’s worth noting federal requirements. If a federal law enforcement officer (e.g., FBI, ATF, DEA) stops you, there is no specific requirement to inform them that you’re carrying a firearm. However, lying is a federal crime under 18 U.S.C. § 1001, punishable by fines and up to five (5) years in prison. Again, remaining calm and avoiding sudden movements is advised.
For civilians entering military installations, firearms are prohibited under 18 U.S.C. § 930, and military police (MPs) will typically require you to surrender the firearm at the gate or leave it off base. It’s best to check base-specific policies in advance or leave your firearm at home if possible, as carrying on base without authorization can lead to federal charges.
Arash Hashemi
Law Offices of Arash Hashemi
11845 W Olympic Blvd., Suite 520, Los Angeles, CA 90064
310-448-1529
https://www.hashemilaw.com/arash-hashemi/California law does not require gun owners to tell police they are armed during a traffic stop or any other encounter. While the state has a “no duty to inform” policy, some local jurisdictions may have their own rules regarding informing officers about firearms. If an officer asks, and you are carrying a concealed firearm with a valid CCW permit, you must show it. There is no penalty for choosing not to disclose a legally carried firearm unless specifically asked. But if you’re carrying a concealed gun without a permit, that’s illegal under Penal Code 25400, which can result in misdemeanor or felony charges. This applies to both drivers and passengers in a vehicle.
Lying to law enforcement about having a firearm is a crime. Under Penal Code 148(a)(1), providing false information to an officer is a misdemeanor, punishable by up to one year in jail and a $1,000 fine. If the firearm is unlawfully possessed, additional charges could follow, including felonies. While California doesn’t require voluntary disclosure, being truthful when asked is crucial to avoid unnecessary legal trouble.
John Chapman
Kelly & Chapman
PO Box 168, Portland, ME 04101
207-780-6500This email address is being protected from spambots. You need JavaScript enabled to view it. Does your state law require citizens to tell police they are armed if contacted by law enforcement? What is the penalty for failing to disclose that information?
Only in a traffic stop, investigative detention or arrest of a person who does NOT have a concealed handgun permit. Penalty is a civil violation – max. 100 dollar fine. See 25 MRSA 2003-A. Permit holders must have and display a permit upon request of a law enforcement officer.
Is that requirement applicable to any in-person contact or is it specific to traffic stops? In cars, does it apply to passengers, as well as drivers?
See above – the implication is “yes,” though not expressly stated. “When an individual who is carrying a concealed handgun pursuant to the authority of this chapter and who does not have a valid permit to carry a concealed handgun that has been issued as provided in this chapter first comes into contact with any law enforcement officer of this State or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment or routine traffic stop, that individual shall immediately inform that law enforcement officer of the fact that the individual is carrying a concealed handgun.”
If a citizen is specifically asked by law enforcement if they are armed, is lying a crime in itself? How is this typically punished?
In Maine, lying to the police is not a separate crime. Lying in a permit application is a misdemeanor.
Steven J. Sherlag
820 Northwest 12th Ave. Suite 106, Portland, OR 97209-3043
503-227-5200
http://www.sherlaglaw.com/attorney/Not required in Oregon for drivers or passengers, but would be well-advised to do so to avoid any confusion which could result in serious injury. Better to be cautious than in the mortuary.
Lying about possession is not a crime to local or state law enforcement, but may be a crime to lie to a federal agent depending on the circumstances. It can be unclear in some circumstances if a local or state law enforcement agent is cross deputized with a federal task force. It is generally inadvisable to lie, but better to remain silent and invoke the right to counsel.
As every situation is context specific, this message is for informational purposes only and it is best practice to invoke the right to silence and counsel, remain silent, and then speak with a lawyer.
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Thank you, affiliated attorneys, for sharing your experience and knowledge. Members, please return next month when we have a new question for discussion by our affiliated attorneys.