It seems, in Prince William you are required to tell police

[ShortMan]

http://www.pwcgov.org/print.aspx?topic= ... 0300000686

Despite the fact Virginia state law says you are not required to tell police you are carrying.
http://www.ehow.com/how_2064620_get-per ... eapon.html

I read that a few other places too. And the form at the courthouse stated I'm not required to tell cops I am carrying.


My problem: I live in Manassas Park, and for some things Manassas & Manassas Park are NOT considered to be part of Prince William. I wonder if CC is included in that or not.
I dont intend to be shooting any cops, but I also dont wanna lose my permit and my gun just because there was some irregularity in the law which I didnt understand.

[rromeo]

Is that a county law? That page just looks like a guideline.

[Ralphola]

18.2-308 H last sentence says... The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and shall display the permit and a photo-identification issued by the government agency of the Commonwealth or by the United States Department of Defense or the United States State Department (passport) upon demand by a law enforcement officer.

[ProShooter]

Despite the fact Virginia state law says you are not required to tell police you are carrying.

Virginia law tells you no such thing. Where did you get that idea from?

and no, you do not have to tell the police you are carrying, but the instructions provided on that page by PWC are sound advice, and almost word for word what we teach.

[kjkimx]

As I know it:

You don't have to voluntarily inform the LEO.
If he asks just for your Driver's License, you don't have to show your CHP to him.

However,

If he specifically asks if you are carrying a concealed firearm, you have to inform him.
If he asks for your CHP, you need to present it along with your Driver's License.

[ProShooter]

As I know it:

You don't have to voluntarily inform the LEO. (true)
If he asks just for your Driver's License, you don't have to show your CHP to him. (true)

However,

If he specifically asks if you are carrying a concealed firearm, you have to inform him. (false)
If he asks for your CHP, you need to present it (true) along with your Driver's License (or other Commonwealth issued or DOD or Department of State photo ID, and only if you are carrying a concealed handgun).

[mrjam2jab]

Is that a county law? That page just looks like a guideline.

Even if it was County law it wouldn't hold up....VA does have Preemption doesn't it?

[ProShooter]

Is that a county law? That page just looks like a guideline.

Even if it was County law it wouldn't hold up....VA does have Preemption doesn't it?

Yes...county laws mean nothing unless they regulate discharging a firearm.

[zephyp]

I think the issue is that there is not anything in code that says you must inform. Laws like this are rarely written in reverse. For instance, legislators dont write a law like "CHP holders are not required to inform..."

Such law would be written "CHP holders must inform..." and its not.

This plus preemption means you dont have to; however if some over zealous LEO hauls you in because you failed to inform my advice is to go peacefully, keep your mouth shut, and think about how you will spend the money from the resulting law suit...

[Virginia2AM]

put VCDL sticker or VGOF sticker on your car - they'll know that you carry and you are friendly

I thought that when police pulls you over (if you are in the car) and they run the lisense (which I think they do for all pull overs) and if you have CC license - it will show up on their screen. That's when the law language comes to play - "upon demand by LEO".

I think it depends on situation. You can refuse to answer because you believe that according to VA law you are not required to inform. At the same time, I was a witness to a situation when it was WISE to - quietly - tell the cop you were the good armed guy -- during a three-car crash in the dark, with one of the drivers potentially on drugs or drunk. You want the cop to know not to shoot you if the situation goes ugly. The cop was most grateful and glad to have a civilian support (his buddies showed up only 20 minutes later).

[kjkimx]

As I know it:

You don't have to voluntarily inform the LEO. (true)
If he asks just for your Driver's License, you don't have to show your CHP to him. (true)

However,

If he specifically asks if you are carrying a concealed firearm, you have to inform him. (false)
If he asks for your CHP, you need to present it (true) along with your Driver's License (or other Commonwealth issued or DOD or Department of State photo ID, and only if you are carrying a concealed handgun).

Just to be clear, does your answer mean that I can remain silent if the LEO asks whether I am carrying a weapon or not (while I'm carrying concealed), or that I can outright say no?

Thanks in advance and thanks for correcting the wrong information I've given!

[zephyp]

@kjkimx - you can be silent if you like if questioned but that might get you hauled down town. You could always argue your case later in court. Some have done this before to make a point. My recommendation is to let them know if they ask and comply with their instructions. If you feel your rights have been violated that can always be dealt with later. If you appear resistant or uncooperative that will only work against you even if your rights are violated. The last thing we want is to get on the bad side of an LEO while legally carrying...Btw IANAL...

[gunderwood]

If you appear resistant or uncooperative that will only work against you even if your rights are violated.

How do you figure? If you cooperate the law has decided you are giving consent and thus, it is virtually impossible to violate your rights. I.e. if you don't outright tell them no, you don't have any rights.

[Jakeiscrazy]

Remember these words: I will comply with all orders, however I did not give permission to search my vehicle or my person.

That's about the nicest way to put it. Anything wrong with that?

[wbtrunx]

Yes, when they run your ID, it will say if you have a CWP.

Remember these words: I will comply with all orders, however I did not give permission to search my vehicle or my person.

That's about the nicest way to put it. Anything wrong with that?

Trick with that is, if they still have your IDs and they ask to search your vehicle, you would feel that you're not free to leave on your own accord due to him holding your IDs, correct? That then constitutes an illegal search.

However, if you start avoiding questions and acting suspiciously, that'll give them probably suspicion to search it, maybe.

[Reverenddel]

"however if some over zealous LEO hauls you in because you failed to inform my advice is to go peacefully, keep your mouth shut, and think about how you will spend the money from the resulting law suit..."

+1000000000000000000000000000000

Most LEO's are not jackwagons when it comes to CHP's. Even they understand that FEW IF ANY CHP'ers are gonna give them fits, or trouble. That being said, there is the occasional "bad apple", and if you comply, and do what you're supposed to do? That situation remedies itself...

[ProShooter]

I think the issue is that there is not anything in code that says you must inform. Laws like this are rarely written in reverse. For instance, legislators dont write a law like "CHP holders are not required to inform..."

Such law would be written "CHP holders must inform..." and its not.

This plus preemption means you dont have to; however if some over zealous LEO hauls you in because you failed to inform my advice is to go peacefully, keep your mouth shut, and think about how you will spend the money from the resulting law suit...

One of the key reasons we advise people to tell the officer is that while Va does not require you to inform the officer, some states that you may travel through with your CHP, do require that you immediately tell the officer. Its a good habit to develop so that you don't get in trouble out of state.

As an aside, here some language from Louisiana, just for example:

Duties of Permittees
The permit shall be retained by the permittee who shall immediately produce it upon the request of any law enforcement officer. Anyone who fails to do so shall be fined not more than one hundred dollars. Additionally, when any peace officer approaches a permittee in an official manner or with an identified purpose, the permittee shall:

Notify the officer that he has a weapon on his person;

Submit to a pat down;

Allow the officer to temporarily disarm him.

[ProShooter]

As I know it:

You don't have to voluntarily inform the LEO. (true)
If he asks just for your Driver's License, you don't have to show your CHP to him. (true)

However,

If he specifically asks if you are carrying a concealed firearm, you have to inform him. (false)
If he asks for your CHP, you need to present it (true) along with your Driver's License (or other Commonwealth issued or DOD or Department of State photo ID, and only if you are carrying a concealed handgun).

Just to be clear, does your answer mean that I can remain silent if the LEO asks whether I am carrying a weapon or not (while I'm carrying concealed), or that I can outright say no?

Thanks in advance and thanks for correcting the wrong information I've given!

You can remain silent, you can say " I choose not to answer that question", or you can lie to him and say no, if you really feel that is the best course of action (again, not encouraged)

[gunderwood]

You can remain silent, you can say " I choose not to answer that question", or you can lie to him and say no, if you really feel that is the best course of action (again, not encouraged)

I thought lying to an officer was a crime (in a round about way unless it was federal)? It definitely is if you lie to a federal agent (remember Martha!). I thought that if you are found lying, they would hit your with an obstruction of justice charge?

[CCFan]

As I know it:

You don't have to voluntarily inform the LEO. (true)
If he asks just for your Driver's License, you don't have to show your CHP to him. (true)

However,

If he specifically asks if you are carrying a concealed firearm, you have to inform him. (false)
If he asks for your CHP, you need to present it (true) along with your Driver's License (or other Commonwealth issued or DOD or Department of State photo ID, and only if you are carrying a concealed handgun).

(or other Commonwealth issued or DOD or Department of State photo ID, and only if you are carrying a concealed handgun).

If police ask you for your identification, you can't not give it to them or refuse to identify yourself... I'm pretty sure if they ask for your CHP, they're gonna ask you to identify yourself as well, regardless of if you're carrying a concealed handgun or not...