Traffic stops happen. Do you have to disclose if you are carrying a firearm? (photo/Shutterstock)

It’s happened to almost everyone. You are driving down the road, minding your own business, when suddenly you see the flashing of police lights and hear the chirp of a siren behind you. You are being pulled over for a traffic stop. Being pulled over by the police can be an unsettling experience for anyone, but it takes on a new dimension if you are armed or carrying a weapon with you in your vehicle. How should you act? What should you say to the officer? Do you have to disclose that you are armed? Here is what you need to know.

Know the Laws of your Jurisdiction

It would be nice and simple if you could just learn one set of rules that would apply everywhere across the USA. However, each state has its own rules regarding whether a person is required to disclose if he or she is armed during a traffic stop. That means you have to pay attention to where you are stopped, in order to know what you are legally required to do. The disclosure laws generally fall into three different categories:  (1) disclosure without being asked; (2) disclosure only if asked; and (3) no duty to disclose.

It is important to know the disclosure laws in your jurisdiction if you carry a firearm in your vehicle. (photo/iStock)

The following states require you to disclose to law enforcement officers if you are armed whether you are asked or not: Alaska, Arkansas, Louisiana, Maine, Michigan, Nebraska, North Carolina, Ohio, Oklahoma, South Carolina, and Texas. If you are pulled over by a law enforcement officer in these states you must disclose that you are armed immediately and without being asked.

There are two states that require you to disclose if you are armed if asked by a law enforcement officer: Illinois and Arizona. If you are pulled over by a law enforcement officer in one of these two states, you are only legally required to disclose that you are armed if asked.  In the remaining states, there is no legal duty to disclose.

Disclosure is the Best Policy

Even if it is not required by law in your jurisdiction, it is always the best policy to disclose to law enforcement if you are armed during a traffic stop. The simple truth is that law enforcement officers are trained that there is no such thing as a routine traffic stop. They will approach your vehicle on alert, expecting the unexpected. By voluntarily disclosing that you are armed, you will help to reaffirm that you are a law-abiding citizen and help to put the officer at ease during the stop. Keep in mind that your goals should be to drive away without a ticket and in possession of your firearm at the end of the traffic stop. A voluntary disclosure will help you to achieve these objectives. (THIS IS ASSUMING THAT YOU ARE LEGALLY IN  POSSESSION OF YOUR FIREARM! This story and this story are both examples of citizens who were’t legally possessing and would have been better off not disclosing. )

How to Disclose

When you have a legal duty to disclose, or if you voluntarily choose to do so, don’t make the following mistakes:

• Don’t try to be funny. Some people try to reduce the tension by using humor. Remember, to law enforcement the traffic stop is serious business. You should treat it the same way.
• Don’t be sarcastic. Some people react to tense situations using sarcasm. Sarcasm will not help you have a positive interaction with the officer. Substitute respect for sarcasm.
• Don’t argue. This is not the time to argue whether the stop was justified. Work on disclosing that you have a firearm first. Use the disclosure to build trust before you talk about anything else related to the stop.
• Don’t use the word “gun.” The word “gun” is a trigger word for officers and may cause them to take defensive action. This is the opposite of what you should be trying to achieve.
• Don’t make quick movements or reach for your firearm. Avoid moving quickly or appearing to reach for something during a traffic stop. This will raise suspicion and cause the officer to focus on officer safety issues.

When you are stopped, you should roll down your window and put your hands on the steering wheel where they can be plainly seen by the officer. When the officer approaches the car, immediately inform him that you are a legal firearm owner and that you have a firearm with you in the vehicle. Also, let the officer know if the firearm is loaded. If you do not know for sure, tell the officer that you do not know for sure if the firearm is loaded. This is the time to be open and honest with the officer and to build trust.

One of three things will happen next: (1) The officer will let you keep your firearm; (2) the officer will remove the firearm for officer safety reasons; (3) the officer will ask you to hand the firearm to him.

If the officer asks you to hand him the firearm, you should use the following procedure to avoid problems:

• Ask the officer for the specific steps you should follow.
• Repeat the instructions back to the officer before taking any action.
• Move slowly at all times.
• Narrate to the officer what you are doing as you take the action (For example, say, “I am now taking the firearm out of its case,” while performing that action).
• If at any point the officer gives you an instruction that you do not understand or asks you to do something that does not make sense, stop your movements and ask for clarification.
• Keep your finger off the trigger and point the firearm in a safe direction at all times.

When the Officer Gives you Back your Firearm

If the officer takes your firearm during the traffic stop (and assuming all goes well), then there will come a time when he gives the firearm back to you.  You should use the following procedures when the officer gives you back your firearm:

• Move slowly and always point the firearm in a safe direction.
• If the officer returns the firearm to you with the action open or the cylinder out, leave the action open or the cylinder out. You can close it when the encounter is over and the officer has left the scene.
• If the officer returns the firearm to you with the action or the cylinder closed, leave them closed. Do not check to see if the firearm has been reloaded.  There will be adequate time to check the firearm after the encounter is over.

The Goal: Law-Abiding, Non-Threatening, Trustworthy

Keep in mind that your goal when you are armed during a traffic stop is to project that you are a law-abiding, non-threatening, and trustworthy individual. If you use your common sense and follow the advice set forth in this article — and with a little luck — you will end the traffic stop without receiving a ticket and with your firearm safely back in your possession.