Virginia Gun Owners Forum - VGOF

Do You Have A Duty To Inform When Carrying Concealed? We Look At All 50 States For The Answers
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If you followed a previous article where we highlighted the plight of Brian Fletcher, there’s a big question looming as to whether or not you have a duty to inform law enforcement (or anyone) as to whether or not you are carrying without first being asked.
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We take a state-by-state look at each state’s gun laws to find out who you have a duty to inform and when. This only applies to a person with the state’s designated version of a license or permit to carry a concealed firearm (or weapon, as the term applies) or granted reciprocity therein to do so.
•We are not covering open carry.
•We are not covering what happens if you are in violation of a crime.
•We are covering if you are legally obliged to inform law enforcement as to your legal concealment of a firearm without first being asked.
•If you are in a state where firearms registration is required as a condition to receive a permit, or are required to have a permit to acquire, or any of the other convoluted mechanisms prior to being a legal, concealed carrier in that state – this list assumes you have lawfully completed those conditions. So if you have not completed those processes, this list isn’t for you.
•This article is written (and researched) from the perspective that if you are: 1.Legally allowed to conceal a firearm AND
2.…You are stopped by law enforcement THEN
3.Are you required to inform them you have a concealed firearm on your person?
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•Duty To Inform is taken to mean, in the context of this article, a specific lawful duty to inform a member of law enforcement without being asked first.
•This does not include the provision “if asked”.
•If you are asked, you are legally required to produce your valid concealed carry permit.
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This is a longer article – so for ease, we’ve included a hyperlinked list of all 50 states and the District of Columbia so you can zoom to your state of interest.
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Disclaimer: WE ARE NOT ATTORNEYS. We don’t pretend to be attorneys. We’re just citing laws as they’re written. This guide is current as of July 26, 2015 and links cited all direct to the specific portions of each state’s law as it pertains to their firearms laws. This guide is meant as light reference AND SHOULD NEVER BE CONSTRUED AS BONA FIDE LEGAL ADVICE. You, personally, should review each state’s laws thoroughly to ensure you have the right understanding for the various classifications. Many laws change annually or sooner depending upon legislative sessions and the results of judicial courts.
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Are You Required To Inform Law Enforcement Of A Concealed Firearm?
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Alabama – If Asked (No known duty to inform law enforcement)
Alaska – Yes (Always)
Arizona – If Asked (If Asked – Yes)
Arkansas – Yes – When Asked For Identification
California – Yes For Some Counties – If Asked Otherwise (No known duty)
Colorado – If Asked (No known duty to inform law enforcement)
Connecticut – If Asked (No known duty to inform law enforcement)
Delaware – If Asked (See *NOTES)
District of Columbia – If Asked (No known duty to inform law enforcement; in flux!)
Florida – If Asked (No known duty to inform law enforcement)
Georgia – No (Police Cannot Detain You To Verify)
Hawaii – Unknown At This Time (Essentially No-Permit State)
Idaho – If Asked (No known duty to inform law enforcement)
Illinois – If Asked (See Notes* — Thank you, Illinois concealed carriers!)
Indiana – If Asked
Iowa – If Asked (No known duty to inform law enforcement)
Kansas – If Asked (Non-Resident, Residents have constitutional carry)
Kentucky – If Asked (LEOs Really Appreciate It If You DO)
Louisiana – Yes (See Notes)
Maine – No (Permitless Carriers – Yes; See Notes…)
Maryland – If Asked (No known duty to inform law enforcement)
Massachusetts – If Asked (No known duty to inform law enforcement)
Michigan – Yes (Always)
Minnesota – If Asked (No known duty to inform law enforcement)
Mississippi – If Asked (No known duty to inform law enforcement)
Missouri – If Asked (No known duty to inform law enforcement)
Montana – If Asked (No known duty to inform law enforcement)
Nebraska – Yes
Nevada – If Asked (No known duty to inform law enforcement)
New Hampshire – If Asked (No known duty to inform law enforcement)
New Jersey – If Asked (No known duty to inform law enforcement)
New Mexico – If Asked (No known duty to inform law enforcement)
New York – If Asked (see *Notes)
North Carolina – Yes (see *Notes)
North Dakota – If Asked (No known duty to inform law enforcement)
Ohio – Yes (Always)
Oklahoma – Yes (Must also inform private property owner)
Oregon – If Asked (No known duty to inform law enforcement)
Pennsylvania – If Asked (No known duty to inform law enforcement)
Rhode Island – Please Do! If Asked…
South Carolina – Yes
South Dakota – If Asked (No known duty to inform law enforcement)
Tennessee – If Asked (No known duty to inform law enforcement)
Texas – Yes – When Asked For Identification
Utah – If Asked (No known duty to inform law enforcement)
Vermont – Constitutional Carry
Virginia – If Asked (No known duty to inform law enforcement)
Washington – If Asked (No known duty to inform law enforcement)
West Virginia – If Asked (No known duty to inform law enforcement)
Wisconsin – If Asked
Wyoming – If Asked (No known duty to inform law enforcement)
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Read More:
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http://concealednation.org/2015/07/do-y ... e-answers/
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My Thoughts:
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Even if not required, I feel that to notify the police that your CCW at the first part of being stopped is the better thing to do, because the police don’t like to be surprised and they are now a days more worried than ever before.

I've been pulled over once since getting my CHP. I didn't verbally say anything since words like "carrying" or "gun" could make someone nervous, but I just put my CHP in with my DL when the officer asked for it. He just handed it back to me and said "thanks."

ShotgunBlast wrote:I've been pulled over once since getting my CHP. I didn't verbally say anything since words like "carrying" or "gun" could make someone nervous, but I just put my CHP in with my DL when the officer asked for it. He just handed it back to me and said "thanks."

Not even necessary. Soon as he ran your plate, he knew you had a CHP. The only question is whether or not you were/are carrying at that moment.

I've been pulled over twice while carrying. Never been asked about it.

I make it a point never to answer anything unless asked, and then only for what was asked. This leads to many half truths and answers that have nothing to do with what was asked. For instance if someone were to ask me if I was had a weapon, the answer is always yes being as how most things can be a weapon; they never asked if I was carrying a weapon or if it is a firearm. In that way no one can ever accuse me of lying because it is they whom did not ask the right questions in correct context.

Did I mention I'm a fan of logic puzzles and riddles.

Viper21 wrote:

ShotgunBlast wrote:I've been pulled over once since getting my CHP. I didn't verbally say anything since words like "carrying" or "gun" could make someone nervous, but I just put my CHP in with my DL when the officer asked for it. He just handed it back to me and said "thanks."

Not even necessary. Soon as he ran your plate, he knew you had a CHP. The only question is whether or not you were/are carrying at that moment.

I've been pulled over twice while carrying. Never been asked about it.

While true, there are many times when I'm driving vehicles not registered to me or I'm in a rental car. Also while in my vehicle it's just another mechanism to establish trust. Like I know he knows and he knows I know he knows.

ShotgunBlast wrote:

Viper21 wrote:

ShotgunBlast wrote:I've been pulled over once since getting my CHP. I didn't verbally say anything since words like "carrying" or "gun" could make someone nervous, but I just put my CHP in with my DL when the officer asked for it. He just handed it back to me and said "thanks."

Not even necessary. Soon as he ran your plate, he knew you had a CHP. The only question is whether or not you were/are carrying at that moment.

I've been pulled over twice while carrying. Never been asked about it.

While true, there are many times when I'm driving vehicles not registered to me or I'm in a rental car. Also while in my vehicle it's just another mechanism to establish trust. Like I know he knows and he knows I know he knows.

I was thinking the same thing. Running the plate is next to worthless. I have 7 cars at my disposal and only 3 are registered to me. The others are registered to someone who hates guns and is not my wife.

Plus, my wife doesn't carry and neither does my daughter and they always drive my cars. So the police have no idea who is driving what car.

A smart LEO assumes EVERYONE in every situation is armed and EVERYONE is a potential threat to the LEO's life. Best way to stay alive.

Thanks for the good information!

MarcSpaz wrote:

ShotgunBlast wrote:

Viper21 wrote: Not even necessary. Soon as he ran your plate, he knew you had a CHP. The only question is whether or not you were/are carrying at that moment.

I've been pulled over twice while carrying. Never been asked about it.

While true, there are many times when I'm driving vehicles not registered to me or I'm in a rental car. Also while in my vehicle it's just another mechanism to establish trust. Like I know he knows and he knows I know he knows.

I was thinking the same thing. Running the plate is next to worthless. I have 7 cars at my disposal and only 3 are registered to me. The others are registered to someone who hates guns and is not my wife.

Plus, my wife doesn't carry and neither does my daughter and they always drive my cars. So the police have no idea who is driving what car.

A smart LEO assumes EVERYONE in every situation is armed and EVERYONE is a potential threat to the LEO's life. Best way to stay alive.

I hear ya. I didn't really think about non-owned vehicles. I so rarely drive a vehicle that isn't registered to me, wasn't a consideration.

thekinetic wrote:I make it a point never to answer anything unless asked, and then only for what was asked.

THIS! THIS RIGHT HERE! My lawyer told me flat out, "Be polite, keep your pie hole shut, never volunteer anything, Call me immediately after."

You know what question kills me? "So where you going?"

None of your damn business, just write the summons, and stop phishing for info.

What Rev said, I always find it funny if I'm asked you going to work? Reply: Yes. Next question: Where? Answer: I cannot disclose. Drive some nuts, but it's true.

Casey

Reverenddel wrote:You know what question kills me? "So where you going?"

Brother! I am going to heaven! I hope to see you there! Do you know Jesus, Brother? Is your heart right with God?