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?
We will run two installments of this question, owing to the number of responses our affiliated attorneys provided.
Aaron Kendal
Kendal Law Group PC
4190 Telegraph Rd., Suite 3000, Bloomfield Hills, MI 48302
248-572-1050
https://www.kendal-law.com/Yes, Michigan requires immediate disclosure to a law enforcement officer at the beginning of the stop that the stopped person is armed (MCL 28.425f(3)). It applies to any time when stopped by a police officer, whether stopped in a vehicle or otherwise. It applies to anyone who is stopped per the statute, and as such passengers in a stopped vehicle should also immediately disclose, as well.
Since a failure to disclose during a stop in Michigan is a civil offense with a $500 fine and a suspension of your CPL for six months for the first offense, it is not advisable to fail to do so nor to lie about doing so. While lying to a law enforcement officer during a criminal investigation is a crime in and of itself in Michigan, that statute does not apply in this instance as the failure to disclose is considered a civil infraction which is below the threshold that requires the underlying crime to be a misdemeanor. However if you were carrying without a license — which is a felony — lying during the investigation can indeed be penalized as a crime in and of itself.
John R. Monroe
John Monroe Law, PC
156 Robert Jones Rd., Dawsonville, GA 30534
678-362-7650
http://johnmonroelaw.com
In Georgia, there is no affirmative requirement to tell an officer that you are armed.
If specifically asked if you are armed, lying would be a misdemeanor, punishable by up to 12 months in jail and a $1,000 fine. But, there is no requirement to respond and refusing to respond is not a crime.
Craig Rosenstein, Esq.
Rosenstein Law Group, PLLC
8010 E. McDowell Rd. Suite 111, Scottsdale, AZ 85257
480-456-6400
https://www.scottsdale-duilawyer.com/attorney/craig-j-rosenstein/
1. Arizona-Yes. But only if the officer asks. Failure to do so violates ARS 13-3102 (A)1(a) - misconduct involving weapons. Class 6 felony.
2. Any contact, not just in a motor vehicle All persons, not just the driver, but only if asked.
3. Class 6 felony, for the misconduct. Also subject to False information an M1.
George L. Lyon
Arsenal Attorneys
1929 Biltmore Street NW, Washington, District of Columbia 20009-1509
202-669-0442
https://www.arsenalattorneys.com
In DC you are required to disclose in the course of an investigative stop. That includes passengers in a vehicle, as well. Penalty is a misdemeanor and potential revocation of your carry license.
In Virginia there is not a duty to disclose but if you have a Virginia concealed handgun permit it will turn up when they run your license.
Jerold E. Levine
Law Offices of Jerold E. Levine
5 Sunrise Plaza Ste 201, Valley Stream, NY 11580
212-482-8830
https://www.thegunlawyer.net/
There is no requirement in New York State to advise a police officer that you are armed, but New York Penal Law § 400.00(8) requires:
“Every licensee while carrying a pistol or revolver shall have on his or her person a license to carry the same. Every person licensed to possess a pistol or revolver on particular premises shall have the license for the same on such premises. Every person licensed to purchase or take possession of a semiautomatic rifle shall have the license for the same on his or her person while purchasing or taking possession of such weapon. Upon demand, the license shall be exhibited for inspection to any peace officer, who is acting pursuant to his or her special duties, or police officer ... Failure of any licensee to so exhibit or display his or her license, as the case may be, shall be presumptive evidence that he or she is not duly licensed.”
Thus, if a law enforcement officer asks if you are carrying a gun, you should be honest, and absolutely must show your license if asked.
While there is no specific criminal statute that makes it illegal to lie about being armed, if you do lie and the lie is discovered, you may well be charged with obstruction of justice because you are impeding a police officer in the performance of his duties. Also, if a law enforcement officer learns that you have lied, or even failed to advise him of your being armed, likely you are going to be in a world of hurt because that officer is going to detain you and examine everything about you, or connected to you, to determine if you can be arrested.
I have been stopped for traffic violations, and not advised the officer that I was armed, because I remained inside the car (which police prefer) and was not asked anything about my being armed. However, had I been asked to get out of my car, I would have advised the officer immediately that I had a pistol, and then followed his instructions.
Don Hammond
Founder, Criminal Defense Heroes, P.C.
1327 Post Ave, Suite K, Torrance, CA 90501
323-529-3660
https://www.donhammondlaw.com/
In California, state law does not impose a duty to inform police if one is a CCW licensee or carrying a firearm. And that information does not show up when the police run a person in their system. However, California police do have a legal right to inspect a CCW license and any firearm carried.
Additionally, many issuing agencies make it a condition of CCW license that the licensee must inform police if encountered in an official capacity. For example, it is a condition of CCW licenses issued by the L.A. County Sheriff Department that the person must inform officers of their license upon official contact. However, other agencies, such as the Torrance Police Department, impose no such additional condition.
In general, we encourage CCW licensees to disclose that status to the police, especially if they are carrying a firearm. By simply saying, “Good afternoon, officer. Just so you know, I have a CCW license,” think about what you have just told the police officer: “I am background checked, trained, and vetted; a police – I have no criminal record, and I’m a good guy.” If I’m carrying, I definitely do not want the officer to notice that on his own.
The idea is to make the officer feel safe. Then, the officer is in control. Some may respond something like, “Okay, don’t go for yours and I won’t go for mine.” Or, the officer may have you step out so that they can disarm you for the remainder of the encounter.
They may call the issuing agency to verify your license – that’s okay. Be respectful and comply. By the time they’re done inspecting your license and gun, they may forget why they stopped you in the first place!
Marcus E. Hill
Attorney at Law
311 E Main St., Durham, NC 27701
919-688-1941
https://marcushillattorney.com/
In North Carolina, no specific law requires a citizen to proactively inform a law enforcement officer that they are armed, whether openly or with a concealed carry permit. However, there are certain situations where disclosure is required:
Concealed Carry Permit Holders:
GS 14-415.11(a): If you have a concealed carry permit and are carrying a concealed handgun, you must inform the officer of this fact when asked for your driver’s license or other identification.
General Encounters:
There is no legal duty to inform an officer if you are openly carrying a firearm. However, it is generally considered a good practice to be transparent and inform the officer, especially during traffic stops or other interactions where the presence of a firearm might be relevant.
Penalties for Non-Disclosure:
Concealed Carry Permit Holders: Failure to inform an officer about a concealed handgun when asked for identification can lead to charges related to violating permit conditions, potentially resulting in criminal charges, fines, and suspension or revocation of the permit.
General Encounters:
There are no specific penalties for not informing an officer about openly carrying a firearm in situations where there is no legal duty to disclose.
However, it’s important to be aware that the officer’s perception and response might be influenced by the presence of a firearm, even if it’s carried legally. I believe failure to disclose if asked could be charged as resisting delaying or obstructing an officer, a charge that you might be able to beat, but I recommend that you generally do not answer an officer’s questions. You should usually politely decline. In the case of a weapon, I recommend you keep your hands in plain sight and do not reach for anything before you get the officer’s acquiescence. I would suggest you inform any officer that you encounter that you have a weapon unless you are on premises that specifically prohibit carrying weapons, ie: schools.
Important Notes:
- Always be respectful and cooperative with law enforcement officers.
- Communicate your intentions and actions to avoid misunderstandings.
- If you are unsure about the specific laws or requirements related to carrying firearms in North Carolina, it is always best to consult with a legal professional.
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Thank you, affiliated attorneys, for sharing your experience and knowledge. Members, please return next month for the second installment of responses to this question.