View Full Version : In CO are you required to notify LEO's you're CCW'ing?
cms81586
06-02-2011, 16:17
First off...I know it's always a good idea and always do, and US Carry says no, but I like verify information. Are you legally obligated to notify LEO's you're carrying during a traffic stop or any other stop? I have a PA permit and never had a class here in CO, so it's one part of the law I'm not familiar with. Thanks,
CMS
First off...I know it's always a good idea and always do, and US Carry says no, but I like verify information. Are you legally obligated to notify LEO's you're carrying during a traffic stop or any other stop? I have a PA permit and never had a class here in CO, so it's one part of the law I'm not familiar with. Thanks,
CMS
No requirement to volunteer the info, but if asked, reply truthfully. LEOs have the option to disarm you for the duration of the contact if they wish.
johngraves2
06-02-2011, 16:36
check out this site: http://handgunlaw.us/
specifically colorado: http://handgunlaw.us/states/colorado.pdf
so no, you don't need to tell them, but i have been told many times by friends that are cops it is nice to inform them, but again that is your choice to do so.
cms81586
06-02-2011, 16:51
Thanks. Like I said I would notify just out of common courtesy....I never really get pulled over but wanted to see what the general consensus was. No matter what the regs if they ask it's always in your best interest to be honest.
CMS
I do not volunteer that info unless directly asked if there is any weapons in the car. I keep my ins. and registration separate from my gun so I can give the cards to the officer without a gun falling out of the glove box.
As said, the answer is no, but a bad idea not to IMO. So, you're a resident of PA?
First off...I know it's always a good idea and always do,
As said, the answer is no, but a bad idea not to IMO.
I'm have the opposite opinion. It may turn a simple traffic stop into more than it needs to be. If you pull me over for speeding, my speed should be the only thing we discuss.
that said, if asked I will tell the truth, but my having a gun has as much to do with my speed as whether I have a hammer or screwdriver in the car
Also, IIRC, that info comes up when your name gets run, so the cop already knows you "could" have a gun
gnihcraes
06-02-2011, 22:25
My recent experience: Was in a hit and run. I called 911, notified of my location and what had happened. They sent two cars, they asked what happened, then asked for my DL and Insurance etc.
I handed off my DL and said, also here is my CCW and I am carrying. The officer said I'm glad to know, notified the other officer, and that was the end of the conversation regarding CCW.
I actually think it had a positive effect on my situation. They knew who and what they were dealing with, it seemed to relax them greatly. (My perception anyway)
They also seemed to go out of their way to catch my hit and run driver, thank you to Wheatridge PD!
Byte Stryke
06-03-2011, 00:06
My recent experience: Was in a hit and run. I called 911, notified of my location and what had happened. They sent two cars, they asked what happened, then asked for my DL and Insurance etc.
I handed off my DL and said, also here is my CCW and I am carrying. The officer said I'm glad to know, notified the other officer, and that was the end of the conversation regarding CCW.
I actually think it had a positive effect on my situation. They knew who and what they were dealing with, it seemed to relax them greatly. (My perception anyway)
They also seemed to go out of their way to catch my hit and run driver, thank you to Wheatridge PD!
Similar incident when I hit the Christmas tree...
Cop asked for DL ins and Reg, I Just included the CHP in with it. He asked if I was, I told him Yes. He thanked me and we went on to the condition of my truck and where the ^%$#@! Tree came from.
Pistol Packing Preacher
06-03-2011, 07:59
If you now live in CO you must have a CO CHP!
Just saying!
[Coffee]
SuperiorDG
06-03-2011, 08:30
If you now live in CO you must have a CO CHP!
Just saying!
[Coffee]
Yea, Out of state ccw are not valid for co residents.
BTW: I have a business in Wheat Ridge and had an officer come in to my shop on tax related official business (long story[Bang]). Anyhow, opened my wallet to give him my DL and he saw my CCW. This started us on a conversation about guns and other stuff. I think it actual helped us relate to each other a little better.
cms81586
06-03-2011, 08:40
I'm .mil so I've always used my PA CHL. When it expires I'll get a new one in whatever state I happen to be in. I retain my PA residency and still have an address there as well. Not sure if it's the right answer but every LEO I've talked to (not that they're experts on the law) has said it's not an issue.
CMS
My recent experience: Was in a hit and run. I called 911, notified of my location and what had happened. They sent two cars, they asked what happened, then asked for my DL and Insurance etc.
I handed off my DL and said, also here is my CCW and I am carrying. The officer said I'm glad to know, notified the other officer, and that was the end of the conversation regarding CCW.
I actually think it had a positive effect on my situation. They knew who and what they were dealing with, it seemed to relax them greatly. (My perception anyway)
I do the same thing, always hand over my CCW with license and reg. and ins., no real need to, but when they run your info in their system it will pop up that you are a CCW holder and they might come back and ask why you deemed it necessary to leave the info out. They're looking out for their safety, granted 9/10 times it's an honest law-abiding citizen, but you don't want to stir a pot. I've been with my friend when he got stopped for a tail light out and the cop asked him to surrender his weapon for the duration of the stop. He got it back and the officer said "Nice Sig, I have one of those too!" Dangerous job sometimes... extend the hand of courtesy and you'll go far.
I chronicled this before, but I'm relatively certain my CHP got me out of a fairly nasty speeding ticket a few months back. Some counties enter your permit in the database, some do not. I'd just as soon NOT surprise the cop if the info comes up when they run my driver's license, and the consensus from the LEOs that I know is that they appreciate that. Most cops will relax a little if they know you're a CHP holder, because that means you are probably NOT a criminal.
El Paso county does not enter your name in the database as of now. So the info will not come up on the screen. I'm just worried about the few officers who think they should be the only ones with guns.
I chronicled this before, but I'm relatively certain my CHP got me out of a fairly nasty speeding ticket a few months back. Some counties enter your permit in the database, some do not. I'd just as soon NOT surprise the cop if the info comes up when they run my driver's license, and the consensus from the LEOs that I know is that they appreciate that. Most cops will relax a little if they know you're a CHP holder, because that means you are probably NOT a criminal.
Jefferson County does- in fact I found out that the list of people (POIs) NOT allowed to have guns due to felonies and what have you and the list of CCW holders is one in the same... of course they list the reasons why they're on the list, but still, kinda strange.
AirbornePathogen
06-04-2011, 09:41
I got pulled over by Englewood PD back in November, and he said my CCW's not in the DMV system. My permit is still out of El Paso County, that was probably why. And my $0.02- since I usually carry on my right hip, and keep my wallet, DL, and CHP in my right back pocket, it makes sense for me to notify em if they ask for my DL/ID. Not that I get pulled over or have other contact with police very often, but when I do, I'd rather let them know straight off than have them see it while I'm digging for my wallet or whatever and react accordingly.
I would just to give LEO's peace of mind. It's better to take a little longer on a traffic stop for them to disarm you and make them feel more comfortable than for the incident to escalate for any unknown reason and them to feel you are a threat and it get worse. They may be upset and uncomfortable if you didn't say anything. That being said a simple traffic stop will probably be quick and easy and they'll never know about your CHL.
I got in a car accident one time, rear ended and I told them I was carrying and he said thank you for telling me and notified the other officer and they let it go but if I hadn't said anything and at some point if they noticed my gun somehow would they have been more upset and disarmed me? I think LEO's appreciate honesty and cooperation.
I guess also if you are pulled over doing 20 mph over and you know you are going straight to jail you better say something right?
TwoSevenEcho
06-30-2011, 15:24
I just had a run in with a State Trooper yesterday afternoon. I did hand him my CCW along with my DL and registration. He asked if my weapon was in the car somewhere or on me. I notified him it was on me. He handed me my CCW ID back and thanked me for letting him know. He went back to his vehicle and returned within minutes with a Courtesy Warning notice for me not having a front plate. Overall as expected the Officer was very courteous.
Great-Kazoo
06-30-2011, 18:01
I'm .mil so I've always used my PA CHL. When it expires I'll get a new one in whatever state I happen to be in. I retain my PA residency and still have an address there as well. Not sure if it's the right answer but every LEO I've talked to (not that they're experts on the law) has said it's not an issue.
CMS
Make sure you renew the CCW early as necessary. As .mil you retain your state plates and other related items, Unless you decide to paper everything in duty station state.
Byte Stryke
06-30-2011, 23:15
I got pulled over by Englewood PD back in November, and he said my CCW's not in the DMV system. My permit is still out of El Paso County, that was probably why. And my $0.02- since I usually carry on my right hip, and keep my wallet, DL, and CHP in my right back pocket, it makes sense for me to notify em if they ask for my DL/ID. Not that I get pulled over or have other contact with police very often, but when I do, I'd rather let them know straight off than have them see it while I'm digging for my wallet or whatever and react accordingly.
I always have my wallet on the dash and all documentation in my hands on the wheel when they get there.
Less Digging = Less Nervous Cop
Panther AR
07-01-2011, 20:34
Not sure if anyone already answered with this exact response yet, but your CCW permit info shows up when they run your plates, so they should know you are potentially carrying before they even approach you. Officers always appreciate the warning though if you have to reach past your firearm for your wallet, of course. I think most officers feel that if you have a CCW permit you are not one of the people they are worried about. Generally, they like CCW permit holders.
ChadAmberg
07-05-2011, 11:21
Not sure if anyone already answered with this exact response yet, but your CCW permit info shows up when they run your plates, so they should know you are potentially carrying before they even approach you. Officers always appreciate the warning though if you have to reach past your firearm for your wallet, of course. I think most officers feel that if you have a CCW permit you are not one of the people they are worried about. Generally, they like CCW permit holders.
Not in my county they don't show up...
Not in my county they don't show up...
I think there are a few counties that it doesn't show up. And I thought it was when they ran your DL, not your plates. That kind of begs the question, if one of my family members is driving my car and it comes up with the plate entry that might make it a bit different for the officer when it's not the owner of the vehicle. And what if said family member also has their CCW, if I didn't and they ran a plate query they wouldn't know until they ran DL. That's just the making sense part there.
Any LEOs care to chime in on if it's plates or DL? Also, what counties do and don't show it on query? I know Jeffco and Adams do.
AirbornePathogen
07-05-2011, 18:56
I've heard tell that El Paso doesn't, can't confirm though. And @ Byte- I read in an article once that having all your documentation ready and waiting makes some cops nervous, so I don't make a practice of it. I figure it's best not to do anything until they ask you to.
Tinelement
07-08-2011, 20:40
I got pinched recently in Arvada on a red light. Had my glock in the center console. I unholstered and went into a concert and had a few beers. My total brain fart didn't safley secure my firearm when I got back to the truck. Got pulled over. "Any weapons in the car?" Yes sir. My honesty saved me. He checked me out, cleared my weapon and let me go on about my night. IMO, let them know and be honest you have a weapon, they are looking out for their own safety!
I was stopped in Lafayette, and actually asked by a female officer if I had any guns in the car, I thought that was a bit strange,-for not stopping 'fully' at a stop sign.
Sometimes officers like to fish with the "Any illegal drugs or weapons in the car that I should know about?" Some ask, some don't.
Byte Stryke
07-09-2011, 19:31
Cop: "Any alcohol or Guns in the car?"
Me: "Any Donuts or Coffee in yours?"
[ROFL1]
SideShow Bob
07-09-2011, 21:16
Cop: "Any alcohol or Guns in the car?"
Me: "Any Donuts or Coffee in yours?"
[ROFL1]
And with that remark you will get to wear a nice shiney pair of matching bracelets. [PoPo]
Honestly... I have been pulled over a couple times when I was in a hurry... and every time I put myself in the cop's shoes... They don't know me from Adam. I do the best I can to act in a way to make his/her self be as at-ease as possible.
I Carry Lawfully, and volunteering that info to a LEO prevents surprises/accidents. So my lawful right ...err "privledge" to carry is in no way endangered by telling a LEO I am armed. As a matter of fact witholding that info IMO is unnessessary and could add fuel to the fire.
I understand there is about a 50/50 response here. Not sure if it was already mentioned, but some counties who issue CCW permits also report who they issue permits to. That being said, if you are contacted on a traffic stop by LE and after initial contact with you they go back to their car, run you name on NCIC/CCIC and it shows you are a CCW holder they may come back to the car and ask if you are armed.
I have always been forthcoming with LE on traffic stops right from the get-go and not once have I had an officer request to disarm me for the duration of the stop. In fact, most cases they inform me they are very appreciative I let them know. The good guys who tell the officer they are armed are NOT the ones police officers are afraid of. Criminals don't tell cops they have a gun on them until its too late. In the few times I've been pulled over by a police officer while I was carrying, the officer was very polite and let me go with a verbal warning.
I always try to stay on the good side of law enforcement simply because God forbid if I ever am involved in a 2-way bullet slinging match, I might need them to come save my arse. [Beer]
newracer
07-10-2011, 13:05
I understand there is about a 50/50 response here. Not sure if it was already mentioned, but some counties who issue CCW permits also report who they issue permits to. That being said, if you are contacted on a traffic stop by LE and after initial contact with you they go back to their car, run you name on NCIC/CCIC and it shows you are a CCW holder they may come back to the car and ask if you are armed.
Not anymore, as of July 1 that is no longer allowed and it was required that the data be removed.
Not anymore, as of July 1 that is no longer allowed and it was required that the data be removed.
Interesting, I was unaware that changed. Even so, I personally don't have a problem informing the contacting officer I am armed. As I mentioned previously, I have never had any ill contacts with LE when doing so. I suppose it all depends on the demeanor of the officer who contacts you. I worked in LE years ago and God knows I worked with some real "winners" :eek:
I really appreciate the update on the law. It is always good to get fresh information.
Usually when the officer asks, I wrap my motor up to around 6500 RPM; then say, "Sorry about that, my foot slipped. What did you say?" Then I do it again, every time, until we get to a question that I like better. If only there was such a thing as drive-thru interviews.
"Have you been on unemployment recent-"
"VROOOOOOOOOM!"
Usually when the officer asks, I wrap my motor up to around 6500 RPM; then say, "Sorry about that, my foot slipped. What did you say?" Then I do it again, every time, until we get to a question that I like better. If only there was such a thing as drive-thru interviews.
"Have you been on unemployment recent-"
"VROOOOOOOOOM!"
[ROFL2]
"Sir do you know why I pul- [VROOOOOM!]
That would be mine, I hate when they quiz you "Do you know what you did wrong?" Yes let me just dig myself a little hole. "How long have you been following me? I don't want to lie to you." Some cops hate humor and aren't amused by jokes. I just say I'd rather not incriminate myself. Then hand over DL, registration, insurance, and CCW card.
and this is why informing (and being required to inform) is a bad idea.
this is from Canton Ohio, just last month
Read the video description first then watch the video, it's gets out of control at the 6 minute mark.
http://www.youtube.com/watch?v=kassP7zI0qc&feature=player_embedded
COLOSHOOTR
08-11-2011, 00:03
Just remember if you don't inform the Officer and your shirt slips up a little or if you are printing as you sit in your seat then you'll likely see what the end of their weapons barrel looks like. I highly recommend informing the LEO's even though it's not required.
I also don't see what the big deal about being in CCIC is.... All that so called private information is already in the system even without having a CCW. Plus, any Joe citizen off the street can get that information. Now days you can get all that from the comfort of your living room on an internet search. I personally think it's a good idea to have CCW info on the system if even just to keep you from getting a gun pointed at you when yours accidentally is exposed. Plus, last I looked the different counties have different CCW cards. So one officer in a different county may think yours is a fake and detain you and your weapon till someone at your issuing agency can confirm it.... If that is during nights or weekends you may be sitting for awhile. Being in CCIC would be instant confirmation of your legal right to carry concealed. They should even have all LEO's State and Federal in the NCIC/CCIC system for the same reason. It would cut down on impersonators and make sure everyone is legit.
Great-Kazoo
08-11-2011, 06:55
i do not volunteer any info. I do show my paperwork and then open my wallet to remove the DL. My permit is in the same area and is visible to the LE. They then ask where i'm from and tell them it is my CCW permit. 9 out of 10 times they let me walk, bs about what is carried etc.
KevDen2005
08-11-2011, 08:51
Just remember if you don't inform the Officer and your shirt slips up a little or if you are printing as you sit in your seat then you'll likely see what the end of their weapons barrel looks like. I highly recommend informing the LEO's even though it's not required.
I also don't see what the big deal about being in CCIC is.... All that so called private information is already in the system even without having a CCW. Plus, any Joe citizen off the street can get that information. Now days you can get all that from the comfort of your living room on an internet search. I personally think it's a good idea to have CCW info on the system if even just to keep you from getting a gun pointed at you when yours accidentally is exposed. Plus, last I looked the different counties have different CCW cards. So one officer in a different county may think yours is a fake and detain you and your weapon till someone at your issuing agency can confirm it.... If that is during nights or weekends you may be sitting for awhile. Being in CCIC would be instant confirmation of your legal right to carry concealed. They should even have all LEO's State and Federal in the NCIC/CCIC system for the same reason. It would cut down on impersonators and make sure everyone is legit.
It's not illegal to conceal in your car without a permit and as long as you keep your hands where the officer can see them then you most likely will not be looking down the business end of his gun. But then again, I ALWAYS appreciate that someone tells me that they have a gun or hands me their CCW right away. I always tell them that it is not a Colorado requirement to do so but very much appreciate that they did.
It's not illegal to conceal in your car without a permit and as long as you keep your hands where the officer can see them then you most likely will not be looking down the business end of his gun. But then again, I ALWAYS appreciate that someone tells me that they have a gun or hands me their CCW right away. I always tell them that it is not a Colorado requirement to do so but very much appreciate that they did.
Right on Kev... I always surrender my CCW permit with DL, Reg and ins... usually the cop is 10x more courteous because criminals wouldn't say they have a gun. And most of the time the cop thanks me and leaves me with a warning.
ChadAmberg
08-11-2011, 10:38
Right on Kev... I always surrender my CCW permit with DL, Reg and ins... usually the cop is 10x more courteous because criminals wouldn't say they have a gun. And most of the time the cop thanks me and leaves me with a warning.
Always? Damn, how many times do you get pulled over? [LOL]
KevDen2005
08-11-2011, 12:41
Always? Damn, how many times do you get pulled over? [LOL]
LOL, I was thinking the same thing. I have gotten pulled over more as a cop then when I wasn't...dang we drive like crap...lol
But seriously though I think you have a point Ronin. I have brought it up to other cops before...if they didn't want you to know they have a gun why would they tell you? They aren't usually the ones I worry about. And, we should be going to every situation as if someone may have a gun.
I always like CCW holders because I pull them over and see the CCW and I think, "A person like me for a change, cool."
CCW gets you out of tickets with me a whole lot faster than "name-dropping" that you know someone that I work with.
I keep the info to myself. It's no business of theirs anymore than anything else I might have in my vehicle.
SouthPaw
09-05-2011, 23:17
CCW gets you out of tickets with me a whole lot faster than "name-dropping" that you know someone that I work with.
I agree with that statement. I am going to school to an LEO and I know if I were in their shoes I would want to know before hand. Every time I get pulled over I let them know and usually get a positive response with them telling me they appreciate me letting them know.
Great-Kazoo
09-06-2011, 07:09
LOL, I was thinking the same thing. I have gotten pulled over more as a cop then when I wasn't...dang we drive like crap...lol
But seriously though I think you have a point Ronin. I have brought it up to other cops before...if they didn't want you to know they have a gun why would they tell you? They aren't usually the ones I worry about. And, we should be going to every situation as if someone may have a gun.
I always like CCW holders because I pull them over and see the CCW and I think, "A person like me for a change, cool."
CCW gets you out of tickets with me a whole lot faster than "name-dropping" that you know someone that I work with.
This. when i open my wallet to show DL the permit is visible. 9.8 out of 10 times a stern warning is issued vs a ticket. I did have one LE who said. "sorry anyone we pull over has to be ticketed as the neighborhood has complained to my sgt about speeders". he writes me a ticket then calls later about a rifle i had for sale.
As Jim said, ever since i got my ccw, always "happen" to show it, and am given warnings. No majo infractions, but the Arvada officer said he appreciated it up front. Said its calming in a sense...
hghclsswhitetrsh
09-20-2011, 17:04
Do you tell the officer that you have a 12 pack of beer that you just purchased from the liquor store and heading home to drink it? I do not see the point of bringing it up unless asked. that's just my opinion.
lol...true true. i just hand it over with dl, ins, regs...you are correct, really not required...plus when they run you, it'll pop up anyway. Main reason is a cousin of mine is a Denver officer, he likes the up front knowledge, and says that by in large folks with ccw's probably are not the crimal type....at least in large part. So it calms the nervous feelings a bit.
xtremesvc
09-20-2011, 19:45
When I got mine, the local Sheriff said not to say anything, because it comes up when they run the DL and to stay out of Denver County!
JBDenver
09-28-2011, 16:14
Do you tell the officer that you have a 12 pack of beer that you just purchased from the liquor store and heading home to drink it? I do not see the point of bringing it up unless asked. that's just my opinion.
I guess as a LEO I would have to say the two don't even come close to being similar. A 12 pack won't get pulled out and used on me during our contact, but that heater you are carrying just might. Just a nice to know type of thing. Kind of short sighted to think that everyone we deal with is a honest law abiding citizen. Anyhow, just my 0.02.
Byte Stryke
09-28-2011, 16:20
I guess as a LEO I would have to say the two don't even come close to being similar. A 12 pack won't get pulled out and used on me during our contact, but that heater you are carrying just might. Just a nice to know type of thing. Kind of short sighted to think that everyone we deal with is a honest law abiding citizen. Anyhow, just my 0.02.
people that have a CCW probably aren't going to pull the weapon on you either.
OH and both are equally legal
When I got mine, the local Sheriff said not to say anything, because it comes up when they run the DL and to stay out of Denver County!
In theory, the database that had CCW holders in it was deleted in July,so it MAY not come up when they run your DL, and many counties didn't enter them to begin with. Denver county does not present any special problems (aside from open carry outside of your home/business/vehicle).
hunterhawk
10-07-2011, 17:04
I have only got pulled over once while carrying and it wasnt good! haha i was going 5 over the lady came up (this was in east lansing, mi) by the way... so college town... but anyway a lady came up to my car window and i informed her i had a ccw and it was in my center console she backed up farther on my window and called for back up! i was like uhhhh ok... she made me get out and stand at the back of my car on the opposite side of the drivers side until the backup got there... they took my gun out unloaded it ran it to make sure it wasnt stolen and then wrote me a 5 mph over the speed limit ticket [Bang]
however im not really mad about it because what i didnt mention is it was 12am i was in a cut off shirt and had shorts on... and it was a female officer....
so i guess she figured better safe than sorry... and not many people around college campus' carry guns so it could have even been a first for her... but i was just going to my wifes (g/f at the time) apartment to wish her a happy birthday [ROFL2]
I also informed the officer i was going to school for criminal justice at michigan state at the time and she didnt care too shits haha.
good thing my buddy i worked with in lansing was in a biker cop club with her and got me out of it :)
In michigan when i was living there it was mandatory you tell them so i will always tell them. I remember when i told a dow officer i was carrying out here and she was like ya you and everyone else... haha made me feel like an idiot
hunterhawk
10-07-2011, 17:08
people that have a CCW probably aren't going to pull the weapon on you either.
OH and both are equally legal
that is correct but if i was a cop i would rather have a 12 pack of beer pulled out on me than a gun.....
the cop that is pulling you over doesnt know that just because you have a ccw and are carrying that you arent going to pull it out on you.... good people get arrested for stupid shit everyday... you wouldnt believe how many people get arrested for dv's everday..... how does the cop know that you arent speeding away from beating up your significant other and just happen to have a gun on your hip and you are already in a bad mood....
pretty big hypothetical... but just saying
its good to let them know its only going to help your case not hurt it
monganian
10-07-2011, 17:50
that is correct but if i was a cop i would rather have a 12 pack of beer pulled out on me than a gun.....
I'm not a cop... and I would rather have beer pulled out on me than a gun, knife, chocolate milk...
Crashed the motorcycle on 34 just short of I25 a few years back, had a Sig 239 with me in a CTAC and the pistol was ripped out of the holster and bounced down the highway.
After I picked myself up, I walked to the pistol (laying in the middle of the highway) grabbed it and threw it in a saddlebag on the bike.
Gave the state trooper my CCP, she asked where the pistol was & after I told her nothing more was said except thanks.
Alf Tanner
12-19-2012, 05:59
I found this thread searching for information about peoples experiences with being pulled over for a traffic stop while carrying a weapon in the vehicle.
I currently do not have a concealed weapons permit. The last time I tried was 2007. I called the number to make an appointment in Denver 3 separate times over the course of a month and was not once called back nor did anyone ever answer the phone. I took my class through Scottys Guns on Colfax.
I was pulled over outside of Delta Colorado that same year during the middle of the afternoon on a weekday because my license plate was ''crooked'' supposedly. I advised the officer (a county sheriff) while my hands were at 10 and 2 that next to my right leg between the seats I had a loaded pistol and asked him how would be the best way to proceed as to not alarm him. He chuckled and said it would alarm him if I reached for it quickly or made any sudden moves but he appreciated the disclosure and asked me to remove the magazine and pop the round out of the chamber. I complied, he complimented me on the ammo in the magazine then ran the serial number from the gun, handed it back to me and said to have a good day.
I complied, he complimented me on the ammo in the magazine then ran the serial number from the gun, handed it back to me and said to have a good day.
Ok, since this zombie thread has come back, I'll bite.
First, in Colorado your car is considered an extension of your home, you do not need to disclose.
Second, many years ago in my ccw training, my instructors (leo's) indicated that it's not necessary to disclose ccw permit unless asked, however they also stated that they had never ticketed a ccw holder (hint, hint).
Third, the fact that he ran the serial number of your gun is exactly why disclosure is entirely your call. Did he have any reason to do it? Or to suspect he needed to? He would not have know about it had you not told him. The serial number is now in the system and presumably tied to you, etc, etc, etc.
Just my 2¢
spqrzilla
12-19-2012, 18:40
Ok, since this zombie thread has come back, I'll bite.
First, in Colorado your car is considered an extension of your home, you do not need to disclose.
No, your vehicle is not "an extension of your home".
I had a State Trooper in Gunnison tell me in no uncertain terms that it's absolutely required to divulge, asked or not. Thus, whether legally required or not, are you going to gamble on whether the law enforcement officer knows the law or not?
Bailey Guns
12-19-2012, 18:52
The serial number is now in the system and presumably tied to you, etc, etc, etc.
Just my 2¢
No, it's not. When an officer requests a check on a serial number they're checking a database of guns reported as stolen. They aren't adding anything to the database.
screagle2
12-19-2012, 20:55
Being tied to license plates? Not what I have been told, and have asked numerous times..... I asked because I have employees that operate my units, and was concerned in that respect. License, yes in some cases but not plates, and not always with license.
.
First, in Colorado your car is considered an extension of your home, you do not need to disclose.
Second, many years ago in my ccw training, my instructors (leo's) indicated that it's not necessary to disclose ccw permit unless asked, however they also stated that they had never ticketed a ccw holder (hint, hint).
Just my 2¢
What he said. As a former LEO there is a great deal of officer discretion involved in a traffic stop. I personally always appreciated honesty and someone divulging their CCW status. Nine times out of ten I gave a warning to a CCW holder rather than a citation.
PugnacAutMortem
12-21-2012, 10:22
No, your vehicle is not "an extension of your home".
Actually...that's EXACTLY what it is. It's the reason that you don't have to have a CCW permit to keep a gun hidden in your car.
spqrzilla
12-21-2012, 10:25
Actually...that's EXACTLY what it is. It's the reason that you don't have to have a CCW permit to keep a gun hidden in your car.
Nope, wrong. You don't have to have a CCW permit to have a gun in your car, because the statute that defines the crime of carrying a concealed weapon has an explicit exception.
Your vehicle is not an extension of your home for any purpose. Fourth Amendment law being the most obvious example, police do not need a warrant signed by a judge to search your car as they would your home, merely the ability to articulate "probable cause".
Alf Tanner
12-21-2012, 10:36
No, it's not. When an officer requests a check on a serial number they're checking a database of guns reported as stolen. They aren't adding anything to the database.
For what it's worth that's how he explained it to me truthful or not.
spqrzilla
12-21-2012, 11:00
This repetition of the false statement that one's vehicle is an "extension" of one's home continues and I can't figure out where people are getting this wrong info. Is there some CCW instructor who is teaching this wrong out there?
CRS 18-12-105 in defining the crime of carrying a concealed weapon has the following exception (among others I've omitted):
(2) It shall not be an offense if the defendant was:
(a) A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or
(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling; ...
As I said, there is a specific exception for carrying in a car explicit in the statute. It has nothing to do with being an "extension" of your home - which a car is not.
Why does this matter? Because if you go around muttering "my car is an extension of my home" to yourself, you'll think that police can't do things with respect to your car that they can.
(BTW, 18-12-105.6 explicitly preempts any local ordinances purporting to ban carry in vehicles)
17459
I uploaded this prior to the Crash. I keep a copy in each of my vehicles.
PugnacAutMortem
12-21-2012, 11:36
Nope, wrong. You don't have to have a CCW permit to have a gun in your car, because the statute that defines the crime of carrying a concealed weapon has an explicit exception.
Your vehicle is not an extension of your home for any purpose. Fourth Amendment law being the most obvious example, police do not need a warrant signed by a judge to search your car as they would your home, merely the ability to articulate "probable cause".
I'm pretty sure if they have probable cause to search your house they don't need a warrant either. Not 100% on that but if they see a fugitive run into your house they don't need to go get a signed warrant to go in there and search for him.
And what it boils down to is your house is private property...so is your car. So therefore your car is an extention of your home because they are both your private property. It's why I can open carry on my front lawn when I'm no more than 100 feet from a school. It's why you can have a gun in your car on school grounds (under very specific conditions...but you can do it nonetheless).
spqrzilla
12-21-2012, 11:39
Nope, probable cause alone is not sufficient to search your home without a warrant. The hot pursuit exception to entering a home is not a search. And it does not "boil down" to what you claim. The legal exception to vehicle carry is statutory as I quoted above.
PugnacAutMortem
12-21-2012, 11:46
Nope, probable cause alone is not sufficient to search your home without a warrant. The hot pursuit exception to entering a home is not a search. And it does not "boil down" to what you claim. The legal exception to vehicle carry is statutory as I quoted above.
Oh so you are a lawyer then? Or you just are an asshole about trying to be right...
Edit: Just looked at your profile...you appear to be both.
spqrzilla
12-21-2012, 20:04
I'm the asshole that is right. You may contrast that with your own situation as an exercise for homework.
PugnacAutMortem
12-21-2012, 20:09
I'm the asshole that is right. You may contrast that with your own situation as an exercise for homework.
[fyou]
You do know it's possible to not be an asshole right? Give it a try sometime.
OneGuy67
12-21-2012, 21:25
Pug, I am a cop as you may or may not know, and spqrzilla is correct in what he is saying. We've discussed this topic ad nauseum here on the forum and I'm sure you can still get to the threads even after the great crash if you have a desire to do a little research.
Simply being correct does not make one an asshole. Pug, you continued to state a falsehood as a fact, with a cocky attitude as well, and spqrzilla continued to correct you.
PugnacAutMortem
12-21-2012, 21:59
Simply being correct does not make one an asshole. Pug, you continued to state a falsehood as a fact, with a cocky attitude as well, and spqrzilla continued to correct you.
True...however simply stating "I'm a lawyer" would have made all of the difference in the world. For all I knew he was just another asshole spouting stuff on the internet. Then telling me to do "homework" like I'm a little kid...if that's not being an asshole I don't know what is. But I can admit my perception was a bit off, and apologies are in order. Didn't mean to come off cocky, but that was my understanding of the law up to this point.
Very level headed response. I wonder if he avoids saying "I'm a lawyer" as much as possible though, as in most other cases, it actually WOULD make him sound like an asshole. heh.
spqrzilla
12-22-2012, 12:18
Frankly, I am an asshole. However, I will explain something about my usual practice in discussing legal topics.
As a practice, I don't use appeal to authority e.g., "I'm a lawyer and you are not". I try to avoid playing Internet Resume. (Although there are several members of CO AR15 who have dealt with me in my professional capacity). I copy the statutory language whenever I discuss legal topics. Because it is my belief that the law should be understood by everyone and everyone has a right to know how to research it. I don't believe in the idea that you can't understand law without a lawyer, and I explain things to my clients rather than play High Priest of Law pronouncing from The Mount.
And in this thread, I wasn't arguing a semantic point - its an important point about the legal status of vehicles that the line from Pugnac misleads people into thinking something is true in other circumstances than a carry piece in a car.
Alf Tanner
12-22-2012, 20:59
Thank you everyone for clearing up everything I had wondered about
Oh so you are a lawyer then? Or you just are an asshole about trying to be right...
Edit: Just looked at your profile...you appear to be both.
Hahahahaha that was really funny
spqrzilla
12-25-2012, 10:44
Hahahahaha that was really funnyYou appear to be easily amused.
Bailey Guns
12-25-2012, 10:57
I've gotten so tired of hearing the "your car is an extension of your home" comment that I don't even bother to explain any longer why that isn't so.
Great-Kazoo
12-25-2012, 11:01
I'm the asshole that is right. You may contrast that with your own situation as an exercise for homework.
You're an asshole?. I'm an asshole and IDIOT.
Eggysrun
12-25-2012, 11:03
More situational for me. For a simple traffic stop no, but if it were a public safety issue yes and a definate yes if I had to be searched for some reason. Just seems common sense to me that if me being armed is going to cause an issue where a situation requires police officers that I should be discretely let the officers know.
spqrzilla
12-25-2012, 11:57
You're an asshole?. I'm an asshole and IDIOT.
Yes, I admit it, Jim. I'm an asshole.
Actually what cracked me up about the name calling up thread, was the idea that I'd give a crap about being called an asshole ... [Coffee]
spqrzilla
12-25-2012, 11:58
I've gotten so tired of hearing the "your car is an extension of your home" comment that I don't even bother to explain any longer why that isn't so.
I confess, I'm stubborn.
At least an asshole serves a useful purpose. I happen to be one too(an asshole, not a lawyer[ROFL1]).
spqrzilla
12-25-2012, 12:13
At least an asshole serves a useful purpose. I happen to be one too(an asshole, not a lawyer[ROFL1]).
There ya go.
Great-Kazoo
12-25-2012, 13:32
More situational for me. For a simple traffic stop no, but if it were a public safety issue yes and a definate yes if I had to be searched for some reason. Just seems common sense to me that if me being armed is going to cause an issue where a situation requires police officers that I should be discretely let the officers know.
You're being patted down and there are more issues going on other than CCW notification.
I'm such a desperado - I think I've been stopped twice in CO since moving here in '96. Only once since getting my permit. It was basically a drunk check, since I was coming home from work at 2:30am. Lady officer came to my window and I gave her my permit with all the other info. She left and I realized there was another cop at my passenger window. Rolled down the window and said howdy, he's shining his light around inside and spots the 1911 on my hip.
"You've got a gun?", he said.
"Yessir", sez I, "I just gave my permit to your partner."
He just asked me to keep my hands on the wheel, and we BS'd until she came back with my stuff and they sent me on my way. Pretty much a non issue. This was in Lone Tree.
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