CCW- traffic stop and officer asks, "Do you have any weapons in the car"?

[CadeH]

I've talked to local police officers about this (Corona and Riverside Sheriffs, permit from RSO) and was told while I had no obligation to inform them it is usually better to just let them know anyways. Both told me that your CCW shows up when they run your DL so the topic will likely come up anyways, and if you are carrying at the moment some cops get pissy that you didn't tell them. A Corona officer told me that they can see all the firearms registered in your name as well, but I did not ask if that was something that automatically comes up in their system or was something they specifically had to look up.

 

[treelogger]

They can claim they’re investigating whatever they want; if there is no reasonable suspicion that I’ve committed or am committing a crime I have no obligation to answer their questions truthfully.

That statement is false. The LEO is doing their job, and willfully obstructing or delaying their duties (for example by answering their questions untruthfully, i.e. lying) is punishable under PC 148, which is a misdemeanor. Obviously the 5th amendment still applies, and you are free to state that refuse to answer questions.

 

[2muchsoysauce4allthisrice]

You can definitely tell it's tinted but yes it was a younger officer. He was cool and very respectful. I thought if they're on radar patrol they're supposed to be parked on the side with the radar pointed towards your vehicle?

Yeh, I think that might be to help get a more accurate reading.

Sometimes I’ve seen radar patrol a little more hidden; so it’s more like a speed trap. If you can see them far away then it would be easier for you to slow down ahead of time. I’ve been seeing some officers where they use binoculars, don’t know if that’s radar patrol but have only started seeing that starting couple years ago; looks like something that might be learned from game wardens. From what I’ve seen so far, it’s out there enough for them to scan but not enough for you to slow down ahead of time, they can easily pull out, and catch up quick.

 

[NorCalBusa]

What inspired the question was a discussion about how "across the line" all these rules and policies are towards 2A/CCW. What other constitutional amendments are we expected to roll over for (besides ya know, the FIRST one)? How did/do we wind up with actions/policies that are so invasive?

 

[2muchsoysauce4allthisrice]

What inspired the question was a discussion about how "across the line" all these rules and policies are towards 2A/CCW. What other constitutional amendments are we expected to roll over for (besides ya know, the FIRST one)? How did/do we wind up with actions/policies that are so invasive?

Sorry, yeh, I got a little side tracked with tints and speeding; nothing about actions/policies that are invasive.

So, nobody ever answered my question which relates to the discussion. Doesn’t an IA need to publicly list their CcW policy? Not list some or the general, and then say yes or no when asked even though it’s not publicly listed; wouldn’t that be considered not listed on the policy and more based on opinion?

 

[CaptainLevi]

I live in Alameda county, the training class I took said we have a duty to inform. This was confirmed when I asked the officer handling my CCW. Also, I am expected to reach out to the individual officer who processed my CCW (email is fine) after a law enforcement officer interaction.

Does Alameda make you get a Psychiatrist examination and clearance letter to submit with your application?

 

[thawolf]

I mean generally speaking you’re not required to answer LEO questions truthfully (or at all) even if their question is “lawful.” But if you sign something saying you will do “x” (inform law enforcement you are a permit holder during any encounter) or else your permit will be revoked, then yes you should inform every time even if you’re not carrying (I agree this seems silly and doesn’t affect officer safety but I will still do it). I think it’s more about them tracking permit holders’ contracts with law enforcement (hence the reporting requirements).

My plan is to just say “Good morning Officer/Deputy, I just want to let you know I am a CCW permit holder and I am currently carrying in the appendix position. My permit and license are in my left front pocket but I will keep my hands on the steering wheel unless instructed otherwise.” I’ve heard almost entirely that folks get POSITIVE responses from LEOs (“whatcha carrying,” “that’s great there should be more of you,” etc.). The worst response I’ve heard, which is still friendly and benign, is “You keep yours holstered and so will I.”

This is great. I just want to add the second officer issue if there are two LEOs: This is directly from Massad Ayoob:

Ayoob’s guidance on the firearm during a stop

Ayoob advises that the armed citizen should never attempt to remove the firearm themselves during a traffic stop. If the officer decides that the gun should be secured during the stop, the safest practice is to let the officer remove it, because officers are trained to do so and this prevents any movement that could be misinterpreted as drawing a weapon.

His reasoning is largely tied to the “second officer problem.” Often one officer is speaking with the driver while another officer is positioned outside the driver’s view providing cover. That second officer may not hear the conversation and may only see movement; if the driver reaches toward their waistband or holster—even if instructed by the first officer—it could look like a weapon draw and create a dangerous misunderstanding.

Practical wording Ayoob recommends

He often suggests calmly saying something like:

“Officer, I want to let you know I have a concealed carry permit and I am carrying. How would you like to proceed?”

This lets the officer control the situation, including whether the firearm stays holstered or whether the officer chooses to temporarily secure it.

Core principle

Ayoob’s rule is simple:
Do nothing that could appear to be drawing a gun — let the officer handle the firearm if it needs to be moved.


Here is Massad Ayoob’s commonly taught traffic-stop protocol for CCW holders, summarized in a practical step-by-step format that many firearms instructors teach based on his guidance.

Massad Ayoob – Traffic Stop Protocol for CCW Carriers

1. Pull over safely and signal cooperation

• Pull over promptly in a safe location.
• Turn off the engine.
• If it is dark, turn on the interior light so the officer can see inside the vehicle.

2. Keep your hands visible

• Place both hands on the steering wheel (10 and 2 position).
• Passengers should keep their hands visible as well.
• Do not reach for documents, glove box, or pockets yet.

3. Inform the officer calmly (if required or appropriate)
When the officer approaches, calmly state something like:

“Officer, I want to let you know that I am licensed to carry and I am currently carrying. How would you like me to proceed?”

This signals that you are a lawful carrier and lets the officer control the situation.

4. Follow instructions exactly

• Do not move or reach for anything until the officer tells you to.
• Move slowly and narrate your actions if retrieving documents (e.g., “My registration is in the glove box”).

5. Do not touch the firearm

• Never attempt to remove or handle the firearm yourself.
• If the officer wants the firearm secured, Ayoob recommends allowing the officer to remove it.

6. Remember the “second officer” factor

• Often there is a second officer providing cover who may not hear the conversation.
• That officer may only see movement, so reaching toward your waistband or holster could look like drawing a weapon.
• Keeping your hands visible prevents misunderstandings.

 

[calgunner01]

I think most, if not all, California CCW permits require us to disclose a contact with law enforcement. Are we also required to answer this question (if carrying at the time) if asked? My IA has no guidance written in the policy.

Wear your registration, insurance and license on your neck so you never have to reach down below the window line.

 

[Echidin]

There is no state level law on this however depending on your IA they may require proactive disclosure of your concealed firearm or CCW during a routine traffic stop or police contact. Depending on your permit you must disclose regardless of where you are at.

If the officer asks something like “Do you have any weapons?” you must answer truthfully since lying can lead to charges.

Here is what we know (correct me if I'm wrong)

LA County: Yes (immediate disclosure required upon contact/stop)
Orange County: Yes
San Diego County: No
Riverside County: No
Ventura County: No
Alameda County: No
Sacramento: No
San Bernardino: No
Fresno: No
Kern: No

San Bernardino is a Yes.

 

[Sheepdog1968]

Does Alameda make you get a Psychiatrist examination and clearance letter to submit with your application?

Yes they do. I also take a medicine for anxiety and I needed to get a letter from my doctor on that as well. All went well.

 

[Sheepdog1968]

This is great. I just want to add the second officer issue if there are two LEOs: This is directly from Massad Ayoob:

Ayoob’s guidance on the firearm during a stop

Ayoob advises that the armed citizen should never attempt to remove the firearm themselves during a traffic stop. If the officer decides that the gun should be secured during the stop, the safest practice is to let the officer remove it, because officers are trained to do so and this prevents any movement that could be misinterpreted as drawing a weapon.

His reasoning is largely tied to the “second officer problem.” Often one officer is speaking with the driver while another officer is positioned outside the driver’s view providing cover. That second officer may not hear the conversation and may only see movement; if the driver reaches toward their waistband or holster—even if instructed by the first officer—it could look like a weapon draw and create a dangerous misunderstanding.

Practical wording Ayoob recommends

He often suggests calmly saying something like:

“Officer, I want to let you know I have a concealed carry permit and I am carrying. How would you like to proceed?”

This lets the officer control the situation, including whether the firearm stays holstered or whether the officer chooses to temporarily secure it.

Core principle

Ayoob’s rule is simple:
Do nothing that could appear to be drawing a gun — let the officer handle the firearm if it needs to be moved.


Here is Massad Ayoob’s commonly taught traffic-stop protocol for CCW holders, summarized in a practical step-by-step format that many firearms instructors teach based on his guidance.

Massad Ayoob – Traffic Stop Protocol for CCW Carriers

1. Pull over safely and signal cooperation

• Pull over promptly in a safe location.
• Turn off the engine.
• If it is dark, turn on the interior light so the officer can see inside the vehicle.

2. Keep your hands visible

• Place both hands on the steering wheel (10 and 2 position).
• Passengers should keep their hands visible as well.
• Do not reach for documents, glove box, or pockets yet.

3. Inform the officer calmly (if required or appropriate)
When the officer approaches, calmly state something like:

“Officer, I want to let you know that I am licensed to carry and I am currently carrying. How would you like me to proceed?”

This signals that you are a lawful carrier and lets the officer control the situation.

4. Follow instructions exactly

• Do not move or reach for anything until the officer tells you to.
• Move slowly and narrate your actions if retrieving documents (e.g., “My registration is in the glove box”).

5. Do not touch the firearm

• Never attempt to remove or handle the firearm yourself.
• If the officer wants the firearm secured, Ayoob recommends allowing the officer to remove it.

6. Remember the “second officer” factor

• Often there is a second officer providing cover who may not hear the conversation.
• That officer may only see movement, so reaching toward your waistband or holster could look like drawing a weapon.
• Keeping your hands visible prevents misunderstandings.

I’ve been reading articles from Mas Ayoob since the 1990s. I think he gives the most solid advice out there.

 

[RickD427]

That statement is false. The LEO is doing their job, and willfully obstructing or delaying their duties (for example by answering their questions untruthfully, i.e. lying) is punishable under PC 148, which is a misdemeanor. Obviously the 5th amendment still applies, and you are free to state that refuse to answer questions.

Also, please keep in mind Vehicle Code section 31. Violation is a misdemeanor. Here is the text:

"No person shall give, either orally or in writing, information to a peace officer while in the performance of his duties under the provisions of this code when such person knows that the information is false."

For many years, California LEOs were trained that VC 31 only covered false statements relating to the enforcement of the Vehicle Code. Under that belief, a false statement relating to CCW would not be covered. But the current belief, support by the plain language of the section, is that the it is only necessary that the LEO only be performing duties under the Vehicle Code (like making a traffic stop).

 

[mblat1968]

if I am stopped by a cop for any reason the first thing I am telling him regardless of what he is asking

I am CCW holder and I have firearm at X position.

There was a great video on the sibject by this guy.

I can't find it right now but it is there.

Point he was trying to make that you have nothing to lose if you carry legally. And you also telling cop that you went through fairly extensive background check and you are not criminal

 

[NorCalBusa]

That statement is false. The LEO is doing their job, and willfully obstructing or delaying their duties (for example by answering their questions untruthfully, i.e. lying) is punishable under PC 148, which is a misdemeanor. Obviously the 5th amendment still applies, and you are free to state that refuse to answer questions.

"I refuse to reply officer". What lie?

 

[Sheepdog1968]

if I am stopped by a cop for any reason the first thing I am telling him regardless of what he is asking

I am CCW holder and I have firearm at X position.

There was a great video on the sibject by this guy.

I can't find it right now but it is there.

Point he was trying to make that you have nothing to lose if you carry legally. And you also telling cop that you went through fairly extensive background check and you are not criminal

In the late 2000s I was talking with a friend of mine who was friends with a police officer. That police officer while off duty got pulled over for a traffic violation. He told us that he let the officer that pulled him over he was a police officer but off duty. The cop who pulled him over said “so, you are trying to get out of the ticket?” The police officer told us that was not his intention. Mostly he was concerned the officer who was pulling him over might over react if he found his concealed weapon. That story stuck with me. As such, I will always inform, no matter what the law states. Better safe than sorry.

 

[Jimi Jah]

If pulled over and asked if I have any weapons in the vehicle, I will be honest and say so. I usually have an unloaded Shield in my under seat locking vault because a Jeep Wrangler has no locking trunk. Out of town I usually have a 357 lever rifle in the back.

For me it's yes sir, no sir treatment. Willing cooperation and honesty will be rewarded. I haven't been pulled over in over 20 years. Being an older, white, follically challenged white man I look like an older engineer probably because that's what I am.

As a public threat, I'm probably just over grandmother level to an average cop. Plus I don't break traffic laws. My Jeep is slow with 35" tires so I don't speed, it's kind of hard to.

So I don't worry about this kind of stuff. Bad drivers trying to kill me are my biggest concern on the road.

 

[treelogger]

"I refuse to reply officer". What lie?

Observe the "for example" in the post you quoted. It is possible to obstruct or delay an officer without lying too.

 

[captain america]

good topic, also wanted to know, do we have to inform when there is a DUI Checkpoint?

 

[weaverftw]

good topic, also wanted to know, do we have to inform when there is a DUI Checkpoint?

I was told (sac county) that a good litmus test is if you had to show id. If you are ID’d, inform - I would probably do it also if I gave my name/contact info (as like a witness or something) just so there’s a record if the IA somehow finds the interaction on a renewal and asks why I didn’t inform them.

 

[Joker67]

I was told (sac county) that a good litmus test is if you had to show id. If you are ID’d, inform - I would probably do it also if I gave my name/contact info (as like a witness or something) just so there’s a record if the IA somehow finds the interaction on a renewal and asks why I didn’t inform them.

I was pulled over in Marin County going down the last incline after Corte Madera at 5:30 Am or so for speeding. I was carrying … with Freedom Week mags.

I pulled over, turned off the engine, put the keys on the dash . I put my hands on the wheel fingers spread. When he came over I said” I’m a licensed CCW holder and have my CCW with me. How would like to proceed? “ I was noticeably nervous.

He said “ I don’t care, I pull over cops all the time.” Gave me a ticket and sent me on my way.