"Duty To Inform" Requirements & Interaction with police at traffic stops.

USApat

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Duty To Inform

The recent thread discussing the "Attorney Shield" application and a recent video I watched on Youtube
caused me to lookup what the "duty to inform" requirements are in my state when a person carries a firearm in their car or on their person.

We've had discussions in this forum about this in other threads, but a couple of members who are head strong with their words
in this forum may have lead others to believe that what they will do in a duty to inform situation applies to everyone. It does not.
And, folks need to be aware of their own state's law as well as local laws when carrying a legally concealed firearm.

Likewise, there's been numerous discussions about the merits of serializing an 80% firearm where duty to inform may have come up.
But to my knowledge, there's been no definitive thread with the principle topic of one's "Duty To Inform" requirements.
Due to state law changes here, I feel this topic is a very important matter which caused me to bring this up again here in the forum. Particularly, if you're carrying an un-serialized 80% frame.

With this in mind, I have two links further down in this post. The first is a decent video by the Armed Attorneys covering how you might inform an officer that you're carrying when pulled over in a traffic stop. The second is a link to the states
that have "duty to inform" laws.

I would encourage you to not just use the chart in the 2nd link for your only reference and instead look at your state's laws. There are numerous states that have passed constitutional carry laws over the past couple of years and each will have it's own requirements. My state recently made changes to the law with constitutional carry and other things, so the newer legal requirements differ somewhat from the information in the second link below.

I feel this topic is very important and maybe it should be a sticky thread somewhere and hopefully folks will have some good
input about it. Given the crack down on 80% firearms during the Biden administration, I think we all want to minimize
conflicts with the police in minor infractions of the law like traffic stops.



1. Armed Attorneys: Surviving a Traffic Stop While Carrying: Literally and Legally


View: https://www.youtube.com/watch?v=B8Th0zrwbNQ


2. Two sources showing "Duty To Inform" laws



Duty To Inform States:

In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession. The below interactive map has a 50 state summary of all 50 state’s police encounter laws. However, as a quick reference the duty to inform states are as follows:

  • Alaska (Alaska Stat. Ann. §11.61.220)
  • Arkansas (Ark Admin. Code 130.00.8-3-2(b))
  • Louisiana (La. Stat. Ann. § 40:1379.3(I)(2))
  • Maine: (Permit holders have a quasi duty, non permit holders have full duty to inform).
  • Michigan (MCL 28.425f(3))
  • Nebraska (Neb. Rev. Stat. §69-2440)
  • North Carolina (N.C. Gen. Stat. Ann. §14-415.11)
  • South Carolina (§23-31-215)
  • Texas (§411.205)
  • Washington D.C. (Title 7 Subtitle J Chpt. 25 § 7-2509.04)



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I have gone through "Safety Check Points" and I have just handed my permit together with my DL to the officer. In both cases it was a State Trooper. Both acted very nonchalant. One asked me if it was concealed. That was it. No drama at all.
 
And in my state, the duty to inform was included in the newly passed CWP regulations back in 1996. It does not require you to inform if you are not carrying. (In the original bill it did) So a pistol in the glove box is not carrying and does not require disclosure unless asked.

Being a kinda sorta Constitutional Carry was recently passed, this has likely been changed to include the non permit holders that carry. I'd have to spend some time reading what changed.
 
Louisiana is kind of wishy washy... I've been pulled for traffic violations ( speeding mainly ), informed then officer immediately. One laughed and said he figured I did due to a Glock sticker on back window, couldn't care less, but another, had me get out of my truck, ran the serial, my id, etc... and appeared hesitant like he didn't want to return it to me. I guess it just depends on the officer and his/her mood/attitude.
 
ALWAYS best to check YOUR state and local laws for carry first and regularly (if you are not vigilant about 2A--no compromise!). I have had a LEO misinform me of incorrect info (no surprise).
In OR; regarding Concealed Carry; all I would need to do is produce my 'permit'; when ASKED. The chart above may be somewhat correct...its best to ALWAYS know your exact laws even down to local and even buildings...OR has a crazy law about airports with more than a million travelers per year...who the hell looks those stats up?
This shitty state has outlawed universalized firearms...it has yet to go into effect...but like most anti 2A tyrannies...we will see them in court! So, I will not be EDC any 'universalized" firearm.
 
.its best to ALWAYS know your exact laws even down to local and even buildings
There are only state firearms laws in my state. No local / municipal laws. And if there are, they can be ignored. We have state-wide preemption.

This shitty state has outlawed universalized firearms..
What the fuck is a "universalized" firearm? I fancy myself as a firearms "expert," and have been a "gun guy" for a very long time... and I have NO IDEA what a "universalized" gun is.
 
Maybe this?
universalized; universalizing
transitive verb

: to make universal : GENERALIZE

<EDIT> Of course, if that's what maplepuck meant, that would be pretty much all firearms.....
 
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Maybe this?
universalized; universalizing
transitive verb

: to make universal : GENERALIZE

<EDIT> Of course, if that's what maplepuck meant, that would be pretty much all firearms.....
Yeah, that's not helping.

I know what "universal" means. Gosh, thanks. ;) Nevertheless I have no idea what a "universalized" gun is.
 
The tyranny of spell check may have changed "unserialized" to "universalized" in @maplepuck post. It makes more sense in that context to me but maybe I am just a weirdo. 🤓
Makes sense. I am a very literal person, so I read it as written. I guess we'll wait for @maplepuck to return to 'splain it! ;)
 
There are only state firearms laws in my state. No local / municipal laws. And if there are, they can be ignored. We have state-wide preemption.


What the fuck is a "universalized" firearm? I fancy myself as a firearms "expert," and have been a "gun guy" for a very long time... and I have NO IDEA what a "universalized" gun is.
haha; supposed to type UN-SERIALIZED --damn auto correct
 
haha; supposed to type UN-SERIALIZED --damn auto correct
Ha! Sorry... I'm a VERY literal person. I read and hear (and interpret) things EXACTLY as they are said or written. So, it's hard for me to infer what the person meant if they (even accidentally with "autocorrect") use completely unrelated words. LOL! I assume they meant the word they used.

But now I understand, since I DO know what an "unserialized" firearm is. ;)
 
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I live in NC and we have an obligation to inform. The LEO will know we have a concealed carry permit as soon as they run the license plate.

I have been stopped once since getting my permit many years ago. It was a routine checkpoint looking for DUIs, etc. I simply handed the officer my drivers license and carry permit. No fuss, no muss.
 
I live in NC and we have an obligation to inform. The LEO will know we have a concealed carry permit as soon as they run the license plate.

I have been stopped once since getting my permit many years ago. It was a routine checkpoint looking for DUIs, etc. I simply handed the officer my drivers license and carry permit. No fuss, no muss.
In my state, our CCW license is not connected to our license plates (thankfully), and we have no duty to inform.
 
We've had discussions in this forum about this in other threads, but a couple of members who are head strong with their words in this forum may have lead others to believe that what they will do in a duty to inform situation applies to everyone. It does not.
I'm always amazed at the assumptions made especially by those who live in more restrictive states that their laws are universal. A good example is the assumption that all concealed carry licenses are connected to the license plate of your car. "So you might as well tell them... they know anyway." Definitely not true in my state.

My most favorite favorite... is the "Three steps rule."

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