When a police officer pulls over a driver can they tell if they have a CCW license?

[VoteProgressive]

Someone told me when they run your plate or license that they are notified that you have a CCW license. This seems far fetched to me. Does anyone know the 100% truth?

[inademv]

1. If it is in the system

it should show that the person to whom the vehicle is registered has a CCW.

[VoteProgressive]

2. I realize that. But IS IT in the system?

[inademv]

14. Normally yes

CCW issuers and receivers are required to register with the local sheriff's office.

[GreenStormCloud]

40. Depends on the state. I didn't have to register with a sheriff.

However the state can put it in the system. I will see a deputy sheriff at work tonight. I will ask him.

[krispos42]

61. Connecticut doesn't even have sheriffs anymore

No county governments at all.

This would make it a bit difficult, yes? :-)

[speltwon]

43. That has nothing to do with state computer systems

In some states, they are online. In some they aren't. In my state, the system is DOL and WACIC. If somebody has a CCW, it shows up in WACIC/DOL. In many other states, it doesn't.

[William769]

3. What if the person isn't driving their car? or vice versa.

[VoteProgressive]

4. Then would it show up when they ran their drivers license? I am asking....

I don't admit knowing.

[William769]

5. I have a ccw in Florida.

The last two times i was pulled over I informed the officer I had a concealed weapon both times they asked to see it along with the permit but until I offered they did not seem to know I was carrying.

[rl6214]

12. It is linked to your drivers license

so you've gotta show it.

[RamboLiberal]

6. I believe in some states the answer is Yes

And in some you have a duty to inform. Ohio is very strict about the latter. That was driven home by my instructor when I got a Utah permit which is good in Ohio. (I live in PA and go to Ohio on occasion).

[Common Sense Party]

31. Also driven home by my instructor in Utah when I got a Utah CCW.

It only makes sense to let them know.

[Uben]

7. You're asked to show both if you have a CCW license......

...in some states. I have a friend who has his and he says he always hands the officer both licenses with the CCW on top if he is carrying. The officer then asks him if he has a weapon, wherein he replies that he does and tells him where it is. The officers appreciate this very much because it lets them know a firearm is present and it is legal.

[RamboLiberal]

16. In states where you're not required there's always a big debate

on the gun boards on this. I think most cops are good about this but I guess a few have decided to turn it into some disarm the motorist confrontation.

My state doesn't require & I haven't had a stop in years, but I think in 2 of the 3 times I was stopped I was asked & replied where I had the gun.

Only problem I ever had was one officer who knew less about my state's law than I did. At the time I was carrying a Sig 228 with 13 rounds in the mag(a round was chambered but I can't remeber if it was +1). Anyway this guy asked me if I was only carrying 6 rounds cause that was all that was allowed. Hell, I was on my lunch hour and didn't want to have to call my boss from the police station. So I lied. Oh yes officer I'm only carrying 6 in the gun.

Just to be sure I called the county sheriff's office when I got back to verify(hey I only had my CCW a short time). The deputy on the line laughed his ass off at our local Barney Fife.

[sharesunited]

27. I'm laughing my ass off at the irony of YOU calling someone Barney Fife.

[cleanhippie]

63. Then you are only laughng at your own ignorance, as I am. You do not know the meaning of irony.

Yet you try to use the word as if you do. THAT is ironic.

And here ends the lesson.

[Kennah]

8. It depends upon the state

Here in Washington state, officers do have access to the CCW database maintained by the Department of Licensing. However, it's a separate database which is not linked to your Driver's License or your vehicle plate.

Unless an officer has some reason to run a check before walking up to the vehicle--like you match the description of a bank robbery getaway vehicle--it's my experience they will not run the check before walking up to the vehicle.

I know in some states, Missouri comes to mind, it is linked to your Driver's License.

[RSillsbee]

9. Some states link your CHP to your DL

9 States have what are known as "Duty to inform" laws. In Ohio the police arrested one permit holder for violating their DTI law even though he informed the officer w/ in 51 seconds of the start of the contact (After the officer told him to "Shut up." several times.) The settlement was in the millions

The majority of states have neither a database, nor, DTI laws ( No blood in the streets either)

Colorado has neither and I never inform unless specifically asked

Typo

[RamboLiberal]

10. I kind of heard about that OH case

Was the guy walking? Was that Cleveland? Glad he won the case.

[Big Al Mac]

58. It was in Beachwood east of Cleveland

If you wish to read the whole story and all the comments (488 of them) here's the thread discussing it.
http://www.ohioccwforums.org/viewtopic.php?f=6&t=29238

There was no civil action taken against the PD.
The members of OFCC took up a collection to help rDigital with his legal costs.

[Kennah]

15. 1 out of 3

I agree there is no blood in the streets.

However, even in states with no DTI there is frequently a database of licensees--like here in WA.

DTI, it's my understanding, is fairly common to the post Florida RTC states.

[Big Al Mac]

52. Not even close

"In Ohio the police arrested one permit holder for violating their DTI law even though he informed the officer w/ in 51 seconds of the start of the contact (After the officer told him to "Shut up." several times.) The settlement was in the millions"

I've met the person that this happened to and he is an active member of the OFCC forums as I am but with a different "handle" than the one I use here.
Ohioans For Concealed Carry forums = http://www.ohioccwforums.org
His handle there is rdigital.
The settlement was never make public but he has stated that it barely covered his legal expenses.

[RSillsbee]

53. I heard millions

but I'll take his word over mine.

[rDigital]

59. Ohio CCW 51 Seconds

For anybody that wants to read it. Here's the 51 seconds story.

http://ohioliberty.blogspot.com/2009/07/ccw-violation-my-experience-and-trial.html

[rl6214]

11. Yes, and if you fail to present your CCW lic with your DL

You will lose your CCL. At least that's the law in Texas.

[VoteProgressive]

13. What if you do not have a gun with you? I assume then they don't need the CCW license?

[rl6214]

17. Again in Texas, even if not carrying you have to give

your CCL along with your DL.

[oneshooter]

33. That has changed in Texas.....

IF you are carrying then you MUST show both your DL and CHL. If you are NOT carrying then you are only required to show your BL. Your CHL is tied to your DL in the computer, and also shows up against your vehicle tags when they are run. If you are in your own vehicle then the Officer knows if you have a CHL before he approaches you.

Oneshooter
Armed and Livin in Texas

http://www.txdps.state.tx.us/administration/crime_records/chl/stop.htm

[RamboLiberal]

19. Correct - no gun - no need to show CCW

Unless you think it's some magic get out of ticket card. I have heard of some cops going easier on CCW holders.

On edit should've added unless your state requires you to show. You have to know laws of your state and any state you're in where you repriocity with a license you have.

[Kennah]

24. In my experience, No, CCW will not get you out of a ticket.

However, that's based on just two personal experiences in which I batted .500

[RamboLiberal]

28. Actually my dog did better than my CCW

I missed a stop sign coming from the vet where I didn't expect one. Basically it was a trap, stop sign on a main road and the only side street was a dead end alley. Naturally it was right in front of the station that probably employed 3 cops total.

My shepherd mix, 10 month old at the time, was wagging her tail at the nice officer & looking like a little K9 & I got out of the ticket. Only time!

[RSillsbee]

20. Actually , no, it isn't

Texas changed their law last year there is no criminal penalty for failure to inform in Texas.

[rl6214]

22. Really?

Don't have a current copy of the Texas concealed handgun laws with me. Guess I'll have to download one.

Thanks

:headbang:

[RSillsbee]

25. Read it carefully

There's no criminal penalty but you are still legally required to inform. So if you want to strictly obey the law you still tell them

[rl6214]

26. Got this off the Texas site

Sec. 411.205. Requirement to Display License.
If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.
Note: When an Officer ask you for ID you must then give them your Permit/License to Carry when you
give them your ID. If not you are breaking the law. There is no penalty if you don’t inform them but as a law abiding citizen we must follow the law.

So is the section in bold only if you are carrying?

[slackmaster]

18. In California you are required to inform the police

They may or may not already know.

[RSillsbee]

21. No you aren't

Here is an excellent resource to help you keep up on your state's gun laws http://www.handgunlaw.us/

[Name removed]

23. Deleted message

Message removed by moderator. Click here to review the message board rules.

[spin]

30. Occasionally for kicks and grins ...

I would see an officer (a sheriff or local)in a parking lot and engage him in conversation and ask him about the rules on how to carry a firearm in a car in Florida.

Most either had no idea what the law was or made it up on the spot. Most they would say it has to be locked in a container such as a glove box. It doesn't.

The same applies to carrying a knife in Florida. Once I had an officer ask me if I had a concealed weapons permit as he noticed I had a Benchmade 710 knife with the pocket clip openly showing. I laughed and showed him my permit. I didn't bother to explain to him that the knife wasn't concealed as the the clip and the top of the knife was plainly visible. I've had people recognize that I was carrying a Benchmade knife just by noticing the clip.

[RSillsbee]

35. Apparently someone didn't like my original answer

Let's try again
Of all the states that allow CC only 10 require you to notify the officer during a police interaction. I think that's significant, we're at, what 45- 47 states that allow ccw? and only 10 feel that Officer safety is enhanced by requiring notification. In many states (Colorado included) no permit is required to carry a concealed weapon in your vehicle, how would a law requiring notification by permit holders affect them? More significantly, how would such a law affect the thousands of criminal who ignore every other gun law on the books on a daily basis?

I can't see how informing a police officer you're heeled can do anything but escalate tensions, especially if you win the lottery and inform an officer who thinks anyone with a CCW is a wannabe cop.

There's no benefit to me if I voluntarily inform so I don't. I'm required to produce my permit and a valid I.D if I'm asked that would be the only time I would do so.

[speltwon]

44. I always inform an officer, and as an officer myself

I always appreciate it when people do. Statistically speaking, I know an armed person with a CCW is far less likely to present any danger to me than the average person.

[RSillsbee]

47. You are welcome to appreciate it all you want

As long as you don't expect or demand it

[speltwon]

49. I don't. And the law doesn't demand it in my state

But if I am bending over to get something in a traffic stop and the officer sees my gun, he doesn't KNOW that I am a lawful carrier. He is forced to react/act/question etc. from a position of ignorance. However, if I tell him first, then he has a position of knowledge and comfort. I think the former is a preferable situation.

[RSillsbee]

50. If the officer sees your weapon duringthe stop

your concealment is fail. I carry my DL. POI and registration in my wallet and I have my wallet in my hand before you get to my car.

[speltwon]

54. i agree

but it's still possible. Better to allay suspicion and set somebody at ease from the start imo. And that's my opinion, people are free to differ on it. I know what I prefer, and I think that's the best way to go about it. YMMV

[one-eyed fat man]

29. Here in Kentucky

When they run a plate the dispatcher tells them the make and model of vehicle, who the registered owner is, if the insurance is current. If the the registered owner is an individual, CCW status, as well as any outstanding wants or warrants. For the State Police and larger departments there is a computer datalink that displays all that in the car.

[Euromutt]

32. In Washington state, to the best of my understanding, yes

I've been given to understand that if a LEO in Washington runs a check on your driver's license, it will show up in the database if the holder of that driver's license also has a Concealed Pistol License.

This only applies, as far as I know, to people who hold both a Washington state driver's license and CPL, though; I don't imagine it works for out-of-state licenses.

[BoWanZi]

45. I have a WA cpl and have been pulled over twice in the last year

Neither time did the officer ask me about my weapon or cpl and I wasn't even thinking of it at that time. I just wasn't carrying at that time so it was a non-issue and didn't occur to me to even notify the officer.

[Euromutt]

57. I've been pulled over once, and it wasn't an issue either

In point of fact, I was carrying at the time, but then, there's no "duty to inform" in WA. I think that what defused the situation from the start was that I'd just realized (right before the cop pulled me over) that I'd forgotten to turn on my lights, and as the cop strolled up to my window, I preempted him by admitting in so many words "it's a fair cop, I didn't have my lights on."

[cleanhippie]

64. In the 5 years I have had my CCW, I have only been stopped once, and was not asked.

Which reminds me, its time to renew!

[Kennah]

70. Not entirely exactly

I used to work on contract at DOL in Olympia.

Concealed Pistol Licenses and Driver's Licenses are in separate databases under separate units.

Any Washington LEO has access to both databases, either electronically (if their department has the money for the equipment in the cars) or via a radio call through their dispatcher. However, they have to check both databases if they want information from both.

[YllwFvr]

34. no need to inform here

I used to always tell the officer but I stopped. My last time he asked me to get out of the car and demanded the gun then stripped it down and chewed me a new one for 15 minutes then told me im illegal (he lied) and told me Im lucky Im not getting hauled off to jail. When I was told im ok to go he told me not to load it again and to leave it home.

Now I dont tell them, its none of there damn business.

[RSillsbee]

36. I would have demanded that he arrest me

Then lived off the settlement for the rest of mny life

[YllwFvr]

37. no doubt, I wish I could have done things differently

OCers have to sort of mentally prepare for a confrontation and many are rather surprised how quickly the fecal matter strikes the oscillating air circulation device when it comes down to it. Im not impressed with how I handled it. I was very intimidated and that put me in a submissive frame of mind. Thats how they are trained to make it anyway so he did his job I guess.

[Glassunion]

38. Yes they all can.

All they have to do is look for the McCain/Palin, NRA/GOP bumper stickers, the "Don't tread on me" window flag and Uncle Ted playing on the radio. We all know only Tea Baggers carry firearms to intimidate us Liberals.

[aikoaiko]

39. Not in GA and we're not required to declare whether or not we are carrying

I'm not sure why one would have to.

[Oneka]

41. not sure in other states. but in MN

we are required to inform, only if the officer requests.

(d) Upon the request of a peace officer, a permit holder shall disclose to the officer whether or not the permit holder is currently carrying a firearm.

Also, police do have a database that they can access when they pull you over.

Subd. 15.Commissioner; contracts; database.

(a) The commissioner must maintain an automated database of persons authorized to carry pistols under this section that is available 24 hours a day, seven days a week, only to law enforcement agencies, including prosecutors carrying out their duties under subdivision 8a, to verify the validity of a permit.

MN carry statute.

https://www.revisor.mn.gov/statutes/?id=624.714#stat.624.714

[speltwon]

42. Depends on the state

like most questions of this sort. In my state, the answer is yes.

[MyrnaLoy]

46. Yes

they do know.

[RSillsbee]

48. No

They don't know (location dependant)

[friendly_iconoclast]

60. And from what knowledge do *you* speak? Inquiring minds want to know...

My Spidey sense tells me there's a GS grade involved in it somewhere.

If I'm wrong, by all means feel free to correct me.

[GreenStormCloud]

51. In Texas the officer will know when he runs the plate. N/T

[rl6214]

62. The officer will know when he runs the DL

not the plate.

[GreenStormCloud]

67. The plate will tell him too.

I asked a deputy sheriff last night. He said that when he ran a plate it told him if the registered owner had a CHL. I hope you will understand if I take a deputy sheriff's word for it.

[S_B_Jackson]

55. Live in Texas, have a CHL. Yes....

when they run your plate - assuming the vehicle is registered in your name - the police officer is notified that the vehicle's owner has a CHL.

I'm a habitual speeder and so have had several traffic stops over the years. The only time my CHL became an issue was when I'd swapped vehicles with my dad (he needed to borrow my truck), and I got stopped. Because my dad does not have a CHL, the officer approached thinking that I did not have a CHL. So when he asked for my ID, and I handed him my Texas Driver's License, Texas Concealed Handgun License, and Proof of Insurance, and told him, with both of my hands clearly visible on the steering wheel, "I do have my firearm with me, it is holstered on my right hip at about 4 o'clock. How do you want to proceed?"

The officer freaked a little - kinda like when you get spooked when you think you're alone and someone sneaks up behind you and yells "Boo!" right in your ear.{shrug} - and got a jolt of adrenaline to his system. After he calmed down a bit, he asked why was I driving the vehicle, which I explained and he asked me to please lace my fingers behind my head while he wrote up the ticket.

So I complied, and he did. He even apologized when he handed me back the ticket, saying "Ordinarily, I've got some warning when I stop a CHL's car, but I just hadn't expected it when I approached your car." I just told him that it was no problem, that I understood his surprise, no harm-no foul, and thanked him for his professionalism.

[speltwon]

66. granted, he was polite

But imo (and that opinion is informed by doing years of police work in right to carry, and non right to carry states), that response was extreme and unnecessary - the whole lace your fingers behind your head thing. If he is that uncomfortable dealing with people who have CHL's, he needs to change himself, not take it out on lawful carriers. You did nothing wrong, nor were you even suspected of doing so, and he had no rational basis to fear you, and make you get into that position

[S_B_Jackson]

68. Was it a slight inconvenience?

Yes. I was stopped on the shoulder of Highway 3, with my engine off, and he was parked behind me. Nor did he ask me to exit the vehicle, kneel down, crossing one foot over the other's ankle, and assume that position.....

He didn't ask me to unholster my firearm and hand it to him....which 10-15 years ago was an occasional reaction from some police officers. I understood his alarm, and view this, as I said, as a no harm, no foul resolution to a situation that could have gone rather badly.

He wanted to be able to see my hands while he was in his vehicle. I take that position often enough while seated at a desk all day as a means of relaxing....I do it while sitting at a light in traffic as well. It's not like it was uncomfortable for me....

Given the fact that his beat is located in such close proximity to League City (one of the highest concentrations of CHLs in the state - esp amongst women), I would imagine that CHL stops have gotten to be quite routine for him any longer.

[speltwon]

69. I think it's overburdensome

for example, I could make ANY traffic stop "safer" by having all occupants put their hands on steering wheel/dashboard, etc.

That would have been less of an inconvenience and would smack less of extreme measures vs. lacing hands behind back. iow, put your hands where I can see them.

In a garden variety traffic stop, even the hands on wheels thing is not justified "just because". You have to have some specific, articulable reasons, generally speaking, ESPECIALLY if you want to have an "or else" if the person doesn't comply with the order. All sorts of factors, under a totality of the circumstances test, could justify that...

among those for consideration...
1) high crime area
2) early morning hours (2 am etc.)
3) occupants grossly outnumbering officer(s) on scene
4) apparent or admitted gang affiliation
5) occupant(s) known to officer as having violent criminal history
6) vehicle "hit" for 10-65 - danger to officers
7) furtive movements by individuals in car
etc.


You can request almost anything, but it can still lead to a complaint, or even a civil judgement if grossly unreasonable. And of course, if the person refuses and it isn't a rational request, you can't FORCE it.

For example, in a heated DV even if I don't suspect a crime has occurred, it's entirely reasonable to order a person out of the kitchen (where knives etc. are easily graspable) or tell somebody to sit down while I talk to them. That's reasonable. It's minimally intrusive, and it's brief, etc.

Statistically speaking, he would be better off asking if the person was carrying with a CHL, and if they WEREN'T carrying to have them lace their hands behind their back. Better off, but still unjustified. Since a person carrying via CHL is LESS likely to assault me, or shoot me than the average joe, singling them out for extra maneuevers (hand behind head) etc. is not only unjustified, but contrary to reason.

Again, it's not a huge imposition, and OF COURSE if I was asked to do so, I would do so. But that doesn't mean it's justified or right, and it's also expressly illogical.

[S_B_Jackson]

71. Certainly an opinion you're entitled to, and I probably might agree...

however, we'd crossed over into "unusual stop" the moment he got what he considered a nasty surprise.

Had he asked, "Can I search your vehicle?", I'd have told him "No. I do not consent to a search of my vehicle without a validly executed search warrant."

At any stop when I'm carrying, how we proceed is the officers' call so far as I'm concerned (within reason, of course). If it helped to calm his nerves to be able to see my hands, I was more than glad to oblige. Seriously, while he's writing the ticket, what else did I have to do with my time except kick back and relax anyway?????

Texas requires that I notify the officer if I'm carrying....more to the point, I believe that the officer has a right to know so even if I'm travelling in a state which does not require notification (and with which Texas has reciprocity), I notify the officer as a courtesy.

[benEzra]

56. Yes, here in NC, CHL info comes up on the officer's in-car laptop when they run your plate number,

and it is also linked to your driver's license info in their systems. NC requires you to verbally notify an officer when you are carrying, but they know you have a CHL anyway as soon as they enter your info.

The officers I've interacted with since obtaining a CHL have all been very laid-back about it, perhaps because it makes you a bit more of a known quantity. Here in NC, it means you've passed Federal and state background checks, an FBI fingerprint check, and a mental health records check and have not had any disqualifying events since those checks were run.

[old mark]

65. Many police cars have onboard computer access, and can probably get license information

if they want to check. Many gun forums recommend that you tell a LEO that you have a license and are carrying if you are. FWIW, The very large majorith of police are relieved to hear that-they KNOW that they are safer dealing with a person who is carrying a gun legally because of the background check and licensing systems.


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