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Carrying firearms has become a way of life for many Americans. According to statistics released by the Crime Prevention Research Center, there were more than 12.8 million concealed handgun permits in 2015. This shows a huge increase in permits. To put that into perspective there were only 4.6 million such permits in 2007. The right to carry is protected under the 2nd Amendment clause of the US Constitution but states have very different laws with regard to how these firearms can be carried. You’ll need to be aware of state laws everywhere you carry. In some states you’ll need to be aware of your “duty to inform.” If you get stopped by a law enforcement officer in a “duty to inform” state you’ll need to tell the officer that you are carrying a firearm and show them your license and carry permit. Do so politely and calmly and everything should be just fine.
It’s no news to anyone that “ignorance of the law excuses no one” so as a concealed carrier you will need to be knowledgeable about what your responsibilities are as well as your rights. In this article we’ll take a close look at duty to inform policies and see what they mean for you.
DUTY TO INFORM EXPLAINED
The duty to inform is pretty simple at its fundamental level. This law simply means that you need to tell a law enforcement officer that you are armed when you are being pulled over or questioned. This interaction can be very important. Not only will you have to keep in mind what state laws are on open and concealed carries, you’ll also need to keep up with duty to inform laws. You also don’t want to alarm police officers. Make sure you’re ready to inform and have practiced doing so before going into a duty to inform jurisdiction.
State duty to inform laws may vary. Some states require that you inform police officers of your weapon without being asked. Others may require you to disclose this information if asked. Some states do not have duty to inform laws and others have more subtle, complicated systems. Let’s take a look at different types of duty to inform states.
Duty to Inform States
In these states, you have a duty to inform an officer that you are carrying a weapon. You’ll also have to show an officer your concealed carry permit to verify that you are a licensed carrier. Currently, there are 11 states (Alaska, Arkansas, Louisiana, Maine, Michigan, Nebraska, North Carolina, Ohio, Oklahoma, South Carolina, and Texas) that implement duty to inform.
Residents and non-residents in these states must disclose to an officer that they are carrying without being asked. For example: “Here is my license, registration, and proof of insurance, officer. By the way, I have a concealed carry license and I am armed.”
Required to Inform If Asked
Arizona and Illinois are the only two states in which you must disclose to an officer that you are carrying if asked. If you answer “yes” you will then have to produce a permit. It is worth noting, however, that while it’s not a legal requirement to tell the officer that you are armed before being asked, it may be a very good idea to do so. Cops hate surprises. If you wish to have a smooth conversation with a police officer, it is a good practice to inform them that you are carrying.
Permits Permits Permits
Even if there is no duty to inform law, most states still require a concealed carrier to have a permit and to carry that permit with them at all times. If an officer asks for this permit, you will be required to show it. Always check state laws for specific conditions.
Special Cases
There are certain conditions that can affect whether or not you have a duty to inform. Again, check local laws to verify. In some states, the duty to inform may differ between counties and townships. If this is confusing for you, trying googling an up to date “duty to inform” map that can help you plan any interstate trips.
TIPS TO MAKE CONTACT WITH AN OFFICER STRESS FREE
Situations with police can escalate quickly. That’s why it’s always good to be knowledgeable of laws and rights. Knowing about any duty to inform law will definitely help keep your conversation stress free. Not knowing about this policy, on the other hand, could make your interaction more difficult. Keep these things in mind when coming into contact with law enforcement officials.
Know Your Own State Inside and Out
In your own state, you should be fully aware of any duty to inform law. You should research the following:
Do you have a duty to inform an officer that you are carrying a permit and gun?
Are you required to inform an officer if asked?
Will the police likely find out that you have a permit even if you do not inform them?
What is the local attitude of law enforcement in relation to private citizens carrying firearms?
Use Your Best Judgment
If you are in a state that does not have a duty to inform policy but the officer is likely to find out that you have a permit when they access your driving record and registration, the best thing to do might be to just disclose that information right away. If they find out that you might be armed from a computer in their car, they might feel threatened and the situation could escalate.
However, if you live in a state where informing the officer is not required and they are unlikely to discover you have a permit, you might think it’s best to keep your mouth shut. Use your best judgment. Will an officer that you inform that you are armed be relieved or stressed by this information?
HOW TO INFORM THE POLICE THAT YOU ARE CARRYING
If state laws require duty to inform or duty to inform if asked or even if you decide to inform an officer anyway, there is a right way to handle the situation (and certainly many wrong ways). If you plan on “informing”, do it early. As soon as you have the opportunity, tell an officer that you are carrying a concealed weapon. They may ask you where it is located or you may tell them yourself. Let them talk you through what you will need to do next. Do not make any sudden movements.
Officers may ask you to exit your vehicle so they can secure your pistol. The officer should guide you through what he or she wants you to do. Do not reach for anything, not even your license, until told to do so.
WHAT TO DO WHEN PULLED OVER BY LAW ENFORCEMENT
Most of us do not like being pulled over and many people take offense, assuming they did nothing wrong. When we see the blue and red lights flashing in our rear view mirrors we can enter a panic mode or get an adrenaline rush. Don’t fall victim to this. If you look nervous or stressed this could make the situation more difficult. Take a deep breath and consider the following steps related to your duty to inform:
Promptly Roll Down Your Window
To make it as easy as possible for you and the officer, roll your window down before the officer arrives. This will make communication easier. If it’s dark, flip on your cabin light to make the officer feel safer as they approach. Keep your hands where they can be seen and take another deep breath.
Keep Both Hands on the Wheel
Avoid making sudden movements that may arouse the suspicion of the officer. Put both your hands on the steering wheel so that the officer can see them in plain sight. This way the officer is less likely to perceive you as a threat. Reaching for anything could lead to an unintended scenario.
Stay Relaxed and Be Polite
It is important to remain respectful when communicating with the officer regardless of the reason you got pulled over. Never assume or make any excuses about the reason you were pulled over. Be patient and respond to any question honestly and promptly. Don’t start speaking first.
Know Your State’s “Duty to Inform” Laws
We keep repeating it but you’d be surprised how important this can be. You do not want to escalate a situation or have your vehicle searched. You simply want to hear the officer out, explain your situation, and get home safe.
Have Your license, Registration, Insurance, and CCW Permits Ready
If you don’t have your documents on hand just tell the officer where your documents are. Wait for the officer to respond before reaching for any documentation. Follow any instructions. Move slowly and in a controlled way and once you have given the officer your documents return your hands to the wheel.
Do Not Exit Your Vehicle or the Area Before Instructed to Do So
Unless you are told to get out of your car, stay put and do not presume that you are free to go. it is better to be safe and friendly. Traffic stops can be tense these days. Be cool. Be safe.
ARGUMENTS AGAINST DUTY TO INFORM LAWS
Not everyone is a fan of duty to inform laws, especially those in quasi duty to inform states. These states might require you, for example, to give your permit to an officer, which also tells them that you may be armed. It’s a bit of a complicated workaround. Opponents of these laws argue that privacy rights should be respected. Here are some anti duty to inform arguments:
Don’t Talk to Strangers: Police Officers Are Strangers
When interacting with officers, less is always more. Remember the job of a police officer is to put people in jail. As any lawyer would say, it’s always best to keep quiet and avoid making any statements to the police. Informing an officer that you are armed might make the officer feel threatened and you could find yourself in hot water if an officer decides they want to go about things the hard way.
Just Say No: Consenting to Anything Can Hurt You
Nothing good will come from allowing officers to search your vehicle. In fact, a search with consent can be used against you in a court of law. Whenever an officer asks for your permission to conduct a search of your vehicle, say no right away. Be polite but do say no. All you want to do is get home safe.
Terry Doctrine
Allowing a police officer to search your vehicle could lead to a Terry Stop or Terry Frisk based on the Terry Doctrine. The more searching a police officer does the more they might build a case to have “reasonable suspicion” about you or the situation. Some argue that by informing a police officer that you are armed you are waiving your 4th Amendment rights. While searching your vehicle officers will be able to disarm you, a permit holder, for their safety and you will be left weaponless.
The Terry Doctrine is considered by many people one of the principal reasons that duty to inform laws should go the way of the dinosaur.
Duty to inform is one of the most important concepts for a concealed carrier to learn. Knowing your rights and responsibilities will make you safer, especially when traveling state to state. What are your thoughts about duty to inform laws? Feel free to drop a line in the comments section!
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Duty to Inform Policy: What You Need to Know
The GMW Concealed Carry Gun Pack. Now available now on Amazon.com.
BUY NOW
BUY NOW
Carrying firearms has become a way of life for many Americans. According to statistics released by the Crime Prevention Research Center, there were more than 12.8 million concealed handgun permits in 2015. This shows a huge increase in permits. To put that into perspective there were only 4.6 million such permits in 2007. The right to carry is protected under the 2nd Amendment clause of the US Constitution but states have very different laws with regard to how these firearms can be carried. You’ll need to be aware of state laws everywhere you carry. In some states you’ll need to be aware of your “duty to inform.” If you get stopped by a law enforcement officer in a “duty to inform” state you’ll need to tell the officer that you are carrying a firearm and show them your license and carry permit. Do so politely and calmly and everything should be just fine.
It’s no news to anyone that “ignorance of the law excuses no one” so as a concealed carrier you will need to be knowledgeable about what your responsibilities are as well as your rights. In this article we’ll take a close look at duty to inform policies and see what they mean for you.
DUTY TO INFORM EXPLAINED
The duty to inform is pretty simple at its fundamental level. This law simply means that you need to tell a law enforcement officer that you are armed when you are being pulled over or questioned. This interaction can be very important. Not only will you have to keep in mind what state laws are on open and concealed carries, you’ll also need to keep up with duty to inform laws. You also don’t want to alarm police officers. Make sure you’re ready to inform and have practiced doing so before going into a duty to inform jurisdiction.
State duty to inform laws may vary. Some states require that you inform police officers of your weapon without being asked. Others may require you to disclose this information if asked. Some states do not have duty to inform laws and others have more subtle, complicated systems. Let’s take a look at different types of duty to inform states.
Duty to Inform States
In these states, you have a duty to inform an officer that you are carrying a weapon. You’ll also have to show an officer your concealed carry permit to verify that you are a licensed carrier. Currently, there are 11 states (Alaska, Arkansas, Louisiana, Maine, Michigan, Nebraska, North Carolina, Ohio, Oklahoma, South Carolina, and Texas) that implement duty to inform.
Residents and non-residents in these states must disclose to an officer that they are carrying without being asked. For example: “Here is my license, registration, and proof of insurance, officer. By the way, I have a concealed carry license and I am armed.”
Required to Inform If Asked
Arizona and Illinois are the only two states in which you must disclose to an officer that you are carrying if asked. If you answer “yes” you will then have to produce a permit. It is worth noting, however, that while it’s not a legal requirement to tell the officer that you are armed before being asked, it may be a very good idea to do so. Cops hate surprises. If you wish to have a smooth conversation with a police officer, it is a good practice to inform them that you are carrying.
Permits Permits Permits
Even if there is no duty to inform law, most states still require a concealed carrier to have a permit and to carry that permit with them at all times. If an officer asks for this permit, you will be required to show it. Always check state laws for specific conditions.
Special Cases
There are certain conditions that can affect whether or not you have a duty to inform. Again, check local laws to verify. In some states, the duty to inform may differ between counties and townships. If this is confusing for you, trying googling an up to date “duty to inform” map that can help you plan any interstate trips.
TIPS TO MAKE CONTACT WITH AN OFFICER STRESS FREE
Situations with police can escalate quickly. That’s why it’s always good to be knowledgeable of laws and rights. Knowing about any duty to inform law will definitely help keep your conversation stress free. Not knowing about this policy, on the other hand, could make your interaction more difficult. Keep these things in mind when coming into contact with law enforcement officials.
Know Your Own State Inside and Out
In your own state, you should be fully aware of any duty to inform law. You should research the following:
Use Your Best Judgment
If you are in a state that does not have a duty to inform policy but the officer is likely to find out that you have a permit when they access your driving record and registration, the best thing to do might be to just disclose that information right away. If they find out that you might be armed from a computer in their car, they might feel threatened and the situation could escalate.
However, if you live in a state where informing the officer is not required and they are unlikely to discover you have a permit, you might think it’s best to keep your mouth shut. Use your best judgment. Will an officer that you inform that you are armed be relieved or stressed by this information?
HOW TO INFORM THE POLICE THAT YOU ARE CARRYING
If state laws require duty to inform or duty to inform if asked or even if you decide to inform an officer anyway, there is a right way to handle the situation (and certainly many wrong ways). If you plan on “informing”, do it early. As soon as you have the opportunity, tell an officer that you are carrying a concealed weapon. They may ask you where it is located or you may tell them yourself. Let them talk you through what you will need to do next. Do not make any sudden movements.
Officers may ask you to exit your vehicle so they can secure your pistol. The officer should guide you through what he or she wants you to do. Do not reach for anything, not even your license, until told to do so.
WHAT TO DO WHEN PULLED OVER BY LAW ENFORCEMENT
Most of us do not like being pulled over and many people take offense, assuming they did nothing wrong. When we see the blue and red lights flashing in our rear view mirrors we can enter a panic mode or get an adrenaline rush. Don’t fall victim to this. If you look nervous or stressed this could make the situation more difficult. Take a deep breath and consider the following steps related to your duty to inform:
Promptly Roll Down Your Window
To make it as easy as possible for you and the officer, roll your window down before the officer arrives. This will make communication easier. If it’s dark, flip on your cabin light to make the officer feel safer as they approach. Keep your hands where they can be seen and take another deep breath.
Keep Both Hands on the Wheel
Avoid making sudden movements that may arouse the suspicion of the officer. Put both your hands on the steering wheel so that the officer can see them in plain sight. This way the officer is less likely to perceive you as a threat. Reaching for anything could lead to an unintended scenario.
Stay Relaxed and Be Polite
It is important to remain respectful when communicating with the officer regardless of the reason you got pulled over. Never assume or make any excuses about the reason you were pulled over. Be patient and respond to any question honestly and promptly. Don’t start speaking first.
Know Your State’s “Duty to Inform” Laws
We keep repeating it but you’d be surprised how important this can be. You do not want to escalate a situation or have your vehicle searched. You simply want to hear the officer out, explain your situation, and get home safe.
Have Your license, Registration, Insurance, and CCW Permits Ready
If you don’t have your documents on hand just tell the officer where your documents are. Wait for the officer to respond before reaching for any documentation. Follow any instructions. Move slowly and in a controlled way and once you have given the officer your documents return your hands to the wheel.
Do Not Exit Your Vehicle or the Area Before Instructed to Do So
Unless you are told to get out of your car, stay put and do not presume that you are free to go. it is better to be safe and friendly. Traffic stops can be tense these days. Be cool. Be safe.
ARGUMENTS AGAINST DUTY TO INFORM LAWS
Not everyone is a fan of duty to inform laws, especially those in quasi duty to inform states. These states might require you, for example, to give your permit to an officer, which also tells them that you may be armed. It’s a bit of a complicated workaround. Opponents of these laws argue that privacy rights should be respected. Here are some anti duty to inform arguments:
Don’t Talk to Strangers: Police Officers Are Strangers
When interacting with officers, less is always more. Remember the job of a police officer is to put people in jail. As any lawyer would say, it’s always best to keep quiet and avoid making any statements to the police. Informing an officer that you are armed might make the officer feel threatened and you could find yourself in hot water if an officer decides they want to go about things the hard way.
Just Say No: Consenting to Anything Can Hurt You
Nothing good will come from allowing officers to search your vehicle. In fact, a search with consent can be used against you in a court of law. Whenever an officer asks for your permission to conduct a search of your vehicle, say no right away. Be polite but do say no. All you want to do is get home safe.
Terry Doctrine
Allowing a police officer to search your vehicle could lead to a Terry Stop or Terry Frisk based on the Terry Doctrine. The more searching a police officer does the more they might build a case to have “reasonable suspicion” about you or the situation. Some argue that by informing a police officer that you are armed you are waiving your 4th Amendment rights. While searching your vehicle officers will be able to disarm you, a permit holder, for their safety and you will be left weaponless.
The Terry Doctrine is considered by many people one of the principal reasons that duty to inform laws should go the way of the dinosaur.
Duty to inform is one of the most important concepts for a concealed carrier to learn. Knowing your rights and responsibilities will make you safer, especially when traveling state to state. What are your thoughts about duty to inform laws? Feel free to drop a line in the comments section!