Connecticut Carry: How to handle a traffic stop

Rich B · May 18, 2012

A new frequently asked question and answer has been posted.

I would like to remind everyone that if you have a question/answer that you answer on a regular basis that you would like to see on the internet with a link to use to cite to people, please send them to info@ctcarry.com. I know these FAQs have been useful to me many times to answer specific questions that have been continual issues in this state. Where necessary, Connecticut Carry will get legal opinions on matters in dispute.

http://ctcarry.com/FAQ/Details/f84f0c49-25d5-421b-bff5-9b33aa28c913 said:
The answer legally is 'no'. There is no legal requirement to disclose the presence of a firearm either in your car or on your person during a traffic stop.

This issue is a subjective one. People have their own opinions on how to handle this situation.

One school of thought is to hand your pistol permit over to the police officer with your license and let him ask the questions from there if they choose to so.

Another school of thought is to not offer information that is not needed unless being asked to step out of the car or directly asked about the presence of firearms.

By all means, lying to a police officer about the presence of a firearm is likely to end up with you in legal trouble.

Since there is no legal disclosure requirement, this is a matter that is entirely up to you. You should do what you are comfortable with.

SickPythons · May 18, 2012

I've been asked this question quite a few times in my classes. My opinion is that if you're being stopped for a routine traffic violation, there is no reason to complicate the matter. I have been taken out of my car before during a traffic stop because I wasn't driving my own car. The officer then asked me if I had any weapons on me... There's your opportunity to complicate the matter.

JoeSparky · May 18, 2012

SickPythons said:
I've been asked this question quite a few times in my classes. My opinion is that if you're being stopped for a routine traffic violation, there is no reason to complicate the matter. I have been taken out of my car before during a traffic stop because I wasn't driving my own car. The officer then asked me if I had any weapons on me... There's your opportunity to complicate the matter.

UNFORTUNATELY, for some LEO's (Opinion Enforcement Officer's) anyone versed in Constitutional Rights and willing to stand for them will be seen and being non-cooperative and demonstrating CONTEMPT OF COP! What they don't see is that Standing up for Constitutional Rights IS NOT A VIOLATION OF ANY CONSTITUTIONAL LAW!

Rich B · May 19, 2012

SickPythons said:
My opinion is that if you're being stopped for a routine traffic violation, there is no reason to complicate the matter.

This is my opinion as well.

davidmcbeth · May 22, 2012

answer all questions "I'll be happy to answer any question you have, in court"...

dcmdon · May 22, 2012

The only time I advise my PP students to notify the officer they are armed is if the officer asks him to get out of the car. If you are getting out of the car, you are going to be frisked. Better to tell him before than have him find it during the pat down.

Again, you don't have any legal obligation to do so, but on a practical level, it makes sense.

Because 99.9% of the time a law abiding citizen is stopped he is not asked to get out of the car, this means you should almost never volunteer that you are carrying. Especially since doing so immediately escalates the situation inthe eyes of the officer. At which point he will probably get you out of the car even if he didn't originally intend to do so.

Tactical_Evo · May 22, 2012

dcmdon said:
The only time I advise my PP students to notify the officer they are armed is if the officer asks him to get out of the car. If you are getting out of the car, you are going to be frisked. Better to tell him before than have him find it during the pat down.

Again, you don't have any legal obligation to do so, but on a practical level, it makes sense.

Because 99.9% of the time a law abiding citizen is stopped he is not asked to get out of the car, this means you should almost never volunteer that you are carrying. Especially since doing so immediately escalates the situation inthe eyes of the officer. At which point he will probably get you out of the car even if he didn't originally intend to do so.

This is obviously an opinion-based answer as to what you should do, so I am not disagreeing with what you are saying at all. Just as a piece of information to anyone who is curious though, before I stumbled onto this forum and found some good legal information, I always volunteered that I had a firearm on me and told the officer I was a permitted holder. The two times I was pulled over and gave this info, I was treated better I think then I would have been had I not disclosed the information (I think because I was establishing a professional-level of trust with the officer). Again, this was circumstantial, and what you are saying makes sense too, just figured I would share.

Leverdude · May 23, 2012

Heres what attorney Ralph Sherman has to say,

Atty. Ralph D. Sherman

130 West Main Street • New Britain, Connecticut 06052

tel. (860) 229-0213 • fax (860) 229-0235 • e-mail atty@ralphdsherman.com

Legal Opinion

August 1997

Do you have a weapon in the vehicle?

So you have a pistol permit, you’re carrying a concealed, loaded handgun, and you’re driving on a Connecticut road. A police officer pulls you over for a broken tail light. Should you tell him you’re carrying? What if he happens to ask—for no apparent reason—"Do you have any weapons in the vehicle?"

The situation presents a difficult problem with no clear answer.

Some attorneys would advise that you should tell the officer you have a permit and a handgun, especially if the officer asks the question. That’s good advice in theory, but I’ve seen it bring two bad results.

The first bad result is that some officers will take your announcement as a threat, even if you keep your hands on the steering wheel. Their response will be to draw their own gun and point it at your head at close range. (Unfortunately I am able to make this prediction based on actual cases.)

The second bad result is that you may cause the officer to believe he has the right to search you and your vehicle. Some attorneys may disagree as to whether the officer is correct, but what counts at the moment is that the officer is going to conduct a search. If he finds, say, an eight-inch butcher knife, he may charge you with carrying a dangerous weapon. (This prediction also is based on actual cases.)

Some police officers and attorneys have suggested to me that when a permit-holder is pulled over, he should hand the officer the pistol permit with the driver’s license. That’s probably a better option than the bold announcement that you have a gun, but even this method may produce the same undesirable results.

If you tell the officer you have a gun, or you hand him your permit, you're trying to be honest with him. It’s ironic that you figure you’re legal and have nothing to hide, but your honesty may put you in a bad predicament.

To be complete in our analysis, let’s consider what criminals do when they carry: Don’t volunteer any information, and if the officer asks the big question, lie to him. If you’re a good poker player, nothing will happen. If you start to shake and sweat while the officer is studying your driver’s license, you may have a problem.

I’m not advising that law-abiding people should lie to the police. Unfortunately, however, with no clear law or police policy in this area, some people have concluded that lying is the best option for themselves.

The legal issues raised in this situation will only become more difficult when the police start using new electronic equipment that allows them to "see" a concealed handgun on a person at a distance of 10 feet or more. What the equipment doesn’t let police see is the permit in the person's wallet. The result will be that the permit-holder will be subjected to the same search as the criminal. When it happens, you can bet there will be a court challenge to the use of the new equipment.

Copyright 1997 by Ralph D. Sherman

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dcmdon · May 23, 2012

Tacticalevo - Just to clarify, never lie to an officer. What I'm advocating is simply not volunteering anything.

I do have personal experience with one traffic stop where I had been pulled over. To make a long story short, I had just returned from Russia, where my pocket had been picked. (front pocket!!!) The thief got my drivers license. When pulled over I told the officer what happened and offered him my PP instead. He thanked me for my honesty and then casually asked if I had any weapons in the vehicle.

When I told him I had one on my person, he removed me from the vehicle, patted me down, disarmed me, and had me wait outside my vehicle on the side of the road while he ran my plates, and pistol permit.

The stop was the result of my new car purchase not yet being in their computers and a registration sticker that had fallen off the plate. A perfect storm of F-ups.

In the end, no ticket was issued, he reminded me to get a new license, the gun was handed back to me and I was on my way. Was it a horrible experience? No.

But it would have been much simpler if I had a drivers license to give him.

Don

davidmcbeth · May 26, 2012

Tactical_Evo said:
This is obviously an opinion-based answer as to what you should do.

Well, here's a fact: anything you say can and will be used against you in court....that's enough facts to support the opinion to shut up when confronted with the police in ANY situation.

SUBMARINER · Aug 8, 2012

davidmcbeth said:
Well, here's a fact: anything you say can and will be used against you in court....that's enough facts to support the opinion to shut up when confronted with the police in ANY situation.

What part of being totally honest with the officer would piss off the officer or cause the judge or jury be concerned about? If its LEGAL to carry and you have a CC Permit and you didn't do anything wrong other than a simple INFRACTION to get pulled over,, why would you even be concerned about a JUDGE or JURY???????

My CC permit is tapped to my Drivers license. I will always inform if carrying. Thats MY decision and what I believe is the correct way to do business.

Bill

customcreationllc · Aug 8, 2012

Just don't have your Pistol permit under your license when you go to pull it out the LEO sees the permit and went off on me that I had to inform him bla bla bla, said and did a lot of wrong things but I wasn't confident enough to stand up for myself. A long story short I then told him I had a gun legal in my lunch bag. but he still search me and the car without my consent found my gun and holster in my lunch bag that I told him I had. Flipped out. 10 min later he drove away the other LEO brought my gun back and said have a nice day. I figure he found out he was in the wrong and took off.

The next time I informed the police officer, he wanted to disarm me while still sitting in the car, that was fun. so he eventually had me pull the gun out and put it on the dash. he ran my numbers handed the gun back and let me go.

I don't know what is better.
I didn't want to reach wallet thinking I was reaching for a gun, the whole reason I moved my wallet to my weak side.

Rich B · Aug 8, 2012

SUBMARINER said:
What part of being totally honest with the officer would piss off the officer or cause the judge or jury be concerned about?

This is the opinion of everyone I know who has not yet been abused by a LEO. People's opinions on this matter change after their first incident pretty dramatically.

If its LEGAL to carry and you have a CC Permit and you didn't do anything wrong other than a simple INFRACTION to get pulled over,, why would you even be concerned about a JUDGE or JURY???????

We don't have a 'CC Permit' in this state.

My CC permit is tapped to my Drivers license.

Care to cite evidence for this claim?

I will always inform if carrying. Thats MY decision and what I believe is the correct way to do business.

That is your choice, but it is not at all the 'only way'.

Maine Expat · Aug 8, 2012

I think Sub.. meant to say he TAPED (not tapped) his ccp to his dl. Something he did himself, not a legal requirement to cite.

I also don't think Sub was saying this is the only way, its just his way.

And finally,

Being honest and up front with a LEO is the way I personally would go as well. If he overreacts then (if I survive) HE will have to answer for it in court and I'm very confident I could convince a jury.

davidmcbeth · Aug 8, 2012

Maine Expat said:
Being honest and up front with a LEO is the way I personally would go as well. If he overreacts then (if I survive) HE will have to answer for it in court and I'm very confident I could convince a jury.

Being up front with a cop? Very Bad advice IMO. For a traffic stop (like speeding) a cop will ask you two dozen questions - you should not answer any - you are not required to. Provide him with your license and registration; that is all the law requires. Answering questions will not to be your benefit -- you are not trying to be friends with the cop.

Then after the encounter, write the prosecutor and ask for an information to replace the ticket per CT PB 36-11. They'll drop the case.

You can tell the cop "I'll answer any question you have, in court"....because that's how they answer your questions on the side of the road.

I have won several traffic cases in CT just due to the fact that I refused to answer questions put to me on the side of the road; and I did not need to testify, so the state gets zip from me. When a cop pulls you over you have no idea what ticket(s) you'll get, so how can you know what's relevant and can hurt your case? You don't so just refuse to answer his 20 questions of the week.

And DON'T tell them you have a gun ... who knows what the town or state voted on last night, right? It can only hurt you, not help you. And don't roll your window down past 1/4" .... refuse him access to your car...if he asks you to get out, take your keys and lock the car up when you leave. Cops in CT have no idea what the laws are in respect to carrying -- the Doutel transcript of the cop highlights this fact. People think cops know the laws but they know very little about the law, any law. You want to go through what he did? Then keep on talking.

brk913 · Aug 8, 2012

On duty LEOs are not your friends. You should never disclose more information than absolutely necessary. In a common traffic stop it is best to not say anything, just follow orders, if asked a direct question you can decline to answer. The only reasons I would tell a LEO I was carrying was if he directly asks (no reason to lie) or I thought they might see it before I announced I had a permit and a handgun located: XYZ....or if they asked me to step out of the car. The reason for the latter two is I do not want under any circumstances a LEO pointing a gun at me, they are not the best gun handlers as it is, add the pressure they might be feeling, not a good combination.

I saw someone above followed a LEO order to produce the firearm, there is no way I would comply with that order. I would tell the requesting officer that under no circumstances am I going to put my hand on a gun in his or her presence, if they would like to remove it I will fully comply with whatever body positioning they ask me to get into (hands on head, lay on ground spread eagle, whatever..) but if you are holding a gun in your hand, even if you are handing it over if and when his coworker shows up or is watching from a distance you are going t wind up shot. Just do a Google search and you will see this has happened.

Last word on this I will give to this Yale Law Professor: http://www.youtube.com/watch?v=86XmQra5WMU&feature=related
I am sure this has been seen by many but it may be a good watch for others....

Tactical9mm · Aug 8, 2012

Not sure if this has been addressed before, but I think Connecticut is one of the States that shares pistol permit information with their department of motor vehicles. I'm not certain if the permit info is tied with an operator's license, vehicle registration or both.

The significance of this is that during a traffic stop when the Officer runs your plate, they know the registered owner of the vehicle has a pistol permit. Same when running your license; they know you have a permit.

If this information is inaccurate, lucky can chime in and confirm or deny it.

Cheers.

Rich B · Aug 9, 2012

Tactical9mm said:
If this information is inaccurate, lucky can chime in and confirm or deny it.

They can get this information from your DL info through dispatch, but it is not automatically displayed.

If it was automatically displayed, this would be LESS reason to inform.

OC for ME · Aug 9, 2012

August 1997?.....1997? Is there not anything more recent?

If they don't ask I don't tell, I'm not required to in my state.

If the cop does ask I will only reply with a yes and nothing more. My hands are on the steering wheel and stay there. The cop has no lawful authority to know where I keep my firearm nor does he have the authority to seize it. If he chooses to seize it for "officer safety" then he will be explaining/justifying that seizure to a judge in the context of a traffic stop.

Cops need to learn that a lawfully armed citizen is not going to all of a sudden "whip out his gat and bust a cap" in them over a mere traffic violation. Cops are too eager to disarm a LAC because they can, courts have enabled this, and not because it is the correct thing to do. Disarming a citizen only makes the officer safe. Me being disarmed makes me less safe, significantly so.

If a cop wants your firearm, if he knows you are armed, he has to seize you, search you or your vehicle, and then seize your property. I choose to force the cop to make those decisions and then be required to explain/justify his actions to a judge.

KennyB · Aug 9, 2012

customcreationllc said:
Just don't have your Pistol permit under your license when you go to pull it out the LEO sees the permit and went off on me that I had to inform him bla bla bla, said and did a lot of wrong things but I wasn't confident enough to stand up for myself. A long story short I then told him I had a gun legal in my lunch bag. but he still search me and the car without my consent found my gun and holster in my lunch bag that I told him I had. Flipped out. 10 min later he drove away the other LEO brought my gun back and said have a nice day. I figure he found out he was in the wrong and took off.

The next time I informed the police officer, he wanted to disarm me while still sitting in the car, that was fun. so he eventually had me pull the gun out and put it on the dash. he ran my numbers handed the gun back and let me go.

I don't know what is better.
I didn't want to reach wallet thinking I was reaching for a gun, the whole reason I moved my wallet to my weak side.

Man, wish I saw a post like this a little over a year ago. Got stopped for a tail light being out. The officer was swerving through traffic to catch me and I was commenting to the wife about what I was seeing in my rearview mirror when he pulled behind me and hit the lights. I was like, whoa?? The officer was polite, ask for my DL, reg, and insurance and when I pulled out the wallet and opened it to get my license, he spotted my carry permit and asked, while taking a step back and putting his hand on his firearm if I was carrying! I was a little taken a back by this and said, NO. It's behind me in the back seat, and then he asked if I could reach it. I told him no, and then he says good, I don't want to have to pull you out of the vehicle and "secure" the weapon!? Seriously? Pull me out and "Secure" the weapon, when you can see i'm a legal permit holder?? Makes me wonder how it would have gone down if I WAS carrying, which BTW I usually am. The whole situation left me with a bad taste in my mouth. I've learned quite a bit since then and if that were to happen today, I would have questioned his "procedures" and followed up with his immediate supervisor. I have great respect for LEO'ers, always have, but being how we have to go through the training and background checks in order to carry "legally", I would think we could be treated better when we do have contact with LE, for whatever reason. NOT saying all LEO's would have reacted this way, but perhaps the training recieved in the academy is lacking in this regard?? Or perhaps not "standardized" and left open to the officer? I really would like to know, and perhaps lucky could respond. Thanks.

Connecticut Carry: How to handle a traffic stop

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