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LEO Notification -- Good idea or law??

9K views 90 replies 43 participants last post by  RochPersDef 
#1 ·
Hey All,

Tonight I was talking to a friend of mine. He's a recently retired LEO. He said if he gets stopped for a traffic stop, etc. he does not notify the LEO stopping him. I asked him if it was LAW in NYS to notify the LEO as soon as you made contact. He didn't seem to think it was.

So, which is it? If I'm pulled over for a bum brake light, do I HAVE to notify the LEO, or is it just good practice?

Thanks.
 
#2 ·
You are not obligated to do so in NYS. It is good practice IF your firearm will be discovered during the course of the traffic stop. It's also a good idea to be honest if you are asked.
 
#4 ·
Better to be upfront in the event they ask you to exit vehicle....everything will be understood from the get go and you could avoid a knee in your back....and a gun to your head....and no, it hasn't happened to me...I hand over permit with license...
 
#6 ·
So what if the officer asks you if you have any weapons? Do you say no?
If you say no, and you do have a weapon, and the officer somehow knows that (someone saw your gun before you got into your car and called 911, maybe a 2nd officer on the passenger side of your car sees it...), I think you will be removed from your car in a manner you will not like.

My opinion on it is be upfront and tell the officer. That is just my opinion, and I understand some people do not agree with it.
I certainly would recommend being honest if asked.
If for any reason your gun might be seen (gun is in your glove box and you have to open it, you carry on your left hip and it might be exposed when you lean to your glove box, you have to get out of the car for any reason...), I would also recommend telling the officer, again to avoid the situation going bad for no reason.
 
#9 ·
Even though it's not Law (as in Ohio), I would be up-front about carrying so that it wouldn't become a problem later on during the traffic stop if the LEO somehow found out my status as a CCW holder and questioned why I didn't say something in the first place. I know that LEO's opinions on CCW differ, some don't think anyone other than a LEO should carry a handgun on them, others believe in 2A and don't have issues with citizens carrying for personal defense or other reasons.

When I picked up my permit from the investigator in Niagara County, his recommendation was to notify - keep hands on wheel, make it clear that you're a permit holder and are carrying, ask Officer how he wants you to proceed.
 
#10 ·
Actual words snipped from S 400.00 (underline is mine)
8. License: exhibition and display. Every licensee while carrying a
pistol or revolver shall have on his or her person a license to carry
the same. Every person licensed to possess a pistol or revolver on
particular premises shall have the license for the same on such
premises. Upon demand, the license shall be exhibited for inspection to
any peace officer, who is acting pursuant to his or her special duties,
or police officer.


That would make notification not law but perhaps a good idea.
 
#13 ·
OP was inquiring as to whether notifying upon initial contact was law or curtesy but didn't get into nuances of applied restrictions and such.
As written, you don't have to notify unless asked.
What X issuing officer does about it if they find out you didn't notify without being asked is thier anal little tweak rather than your actual failing to comply with state law as written.
There's nothing wrong with voluntarily notifying if you feel comfortable doing it, but if you're penalized for not notifying when not asked, then someones just being a dick and abusing thier power by imposing thier own little set of personal 'laws' beyond what is written. :shrug:
 
#14 ·
There is NO NY law that requires you to inform an officer.

In Broome County, Judge Cawley has added the clause that ANY Broome County permit holder that is carrying at the time of ANY LEO interaction, must notify that officer that they are in possession of a permit and a handgun.

When should you notify? When they ask or when you feel that the handgun is going to be discovered during the encounter. How do you do it?

"Officer, before we go any further, I want to let you know I have a pistol permit and I am carrying my handgun ......... What would you like me to do?"

Telling them ahead of time may save you some small hassle, but probably not. DO NOT tell them in the hopes that they will find you of an equal and let you off the ticket. If you do that, you'll probably end up with the ticket anyways..LOL

OTR has a point, why offer the info when it's not asked for?

One rule you should always remember: Never answer questions that have not been asked
 
#15 ·
In other threads folks have posted stories where they notified LEO during traffic stops and had very positive experiences. I was a passenger in a car where I think the driver carrying and notifying the officer helped his situation as well.
My take is on it being better to notify.
Conversely, does anyone have stories where notifying LEO didn't end up working in your favor?
 
#16 · (Edited)
Yeah. One of my buddies that got a crapload of a lecture from a sheriff about him carrying a gun. He did the polite thing and told him very nicely right off the start and the deputy got pissed.

I told him he would have been better off shutting his yap, sitting through the T-stop, and taking the ticket and going on about his day.

A few years I also had a trooper friend of mine show me a general order where they had to verify the permit's stats and the gun when they are notified. That sucks when it's 2am and there's no way to verify it.

When you notify, you are opening yourself up to more scrutiny and possibly making the stop longer. It's pointless - unless you see that you need to tell them or are required to.

Do what you will when you are stopped but you have to remember that not all cops are pro-carry.

Again, do not answer questions that have not been asked.


Oh, by the way, here's the secret method for not having to worry about getting stopped by the cops:



Ready?




Wait for it..............





Don't do stuff that would get you stopped....

I know....more of that making sense stuff........cut it out!

:)
 
#44 ·
A few years I also had a trooper friend of mine show me a general order where they had to verify the permit's stats and the gun when they are notified. That sucks when it's 2am and there's no way to verify it.
The one time I was stopped by a NY State Trooper he did not do this.

Whether you decide to notify or not, I suggest you stick to it. And if you decide to notify (as I have). I also suggest you practice EXACTLY what you are going to say (yes, rehearse it out loud) to the officer. I say something very similar to what Dave has in his earlier post.

Worked out fine for me in that case.
 
#17 ·
I recommend notifying them by loudly proclaiming "I HAVE A GUN" and pulling it out as fast as you possibly can ;)

On a more serious note, Dave beat me to the requirement that applies to those of us in Broome County. I might personally choose to notify them absent such a requirement but to each their own. If you do notify them I would recommend saying "firearm" rather than "gun" and doing so while keeping your hands on the steering wheel.
 
#22 ·
I recommend notifying them by loudly proclaiming "I HAVE A GUN" and pulling it out as fast as you possibly can ;)
At this time you should probably state your intentions with the pistol so the LEO knows your stance on CCW. The "I HAVE A GUN" statement should swiftly be followed up with "AND I'M NOT AFRAID TO USE IT!".
 
#18 ·
I have been a passenger in a car that has gotten stopped, and when the officer asked if there were any weapons, I told him I have a register pistol and showed my permit. The officer had asked if I liked my SIG because he was looking at that model himself. I chit chatted with the office and he handed my friends driver license back to him and told him to lay off the gas. Very cool guy!
 
#21 ·
Oh, by the way, here's the secret method for not having to worry about getting stopped by the cops:

Ready?

Wait for it..............

Don't do stuff that would get you stopped....

I know....more of that making sense stuff........cut it out!
Normally I agree that you can restrict LEO interaction by not doing stupid things, but not with traffic stops. I have been stopped for the dumbest ****. The last time I can remember being pulled over was on Harry L. Drive in JC. The guy that had been in front of me must have been doing 60 in a 30. I was doing 30. I saw the lights behind me and laughed at the jackass about to lose his license. Nope, the cop was pulling me over. I had a taillight out (that must have just gone out that day.) I even mentioned the guy in front of me, and the cop seemed to think he was doing nothing wrong. Uh huh. He was clearly not speeding, IF YOU WERE BLIND. Easier to give a fix it ticket than a speeding ticket, I guess.
 
#24 ·
Obviously, a broken tail light is very minor. But this just goes to show that an encounter with police can happen any time. I think this post is a good idea, and being prepared (whether you are going to notify or not) for the encounter is a good idea
 
#27 ·
I live in Broome county so I would have to inform the officer. However I would anyway most likely. I try to put myself in others shoes. If I made a traffic stop I would like to know if someone had a gun. If I got a lecture for it oh well! I have never listened to lectures anyway, just ask my parents!

On another note, how would the Broome county rule apply to somethign like a DWI check point or seat belt check? I don't think you need to inform an officer then but can someone confirm?
 
#28 ·
Quoted from a few posts ago:

In Broome County, Judge Cawley has added the clause that ANY Broome County permit holder that is carrying at the time of ANY LEO interaction, must notify that officer that they are in possession of a permit and a handgun.

Now, a seatbelt checkpoint may not warrant letting the officer know, or even a DWI one, BUT if they flag you and have you pull over.....I think you have your answer
 
#30 ·
Quoted from a few posts ago:

In Broome County, Judge Cawley has added the clause that ANY Broome County permit holder that is carrying at the time of ANY LEO interaction, must notify that officer that they are in possession of a permit and a handgun.

Now, a seatbelt checkpoint may not warrant letting the officer know, or even a DWI one, BUT if they flag you and have you pull over.....I think you have your answer[/QUOTE

Good thing I always wear a seat belt and don't drive drunk! I have never had a ticket (knock on wood).

Off topic: I just got your email about the flood relief. Thanks for helping. Alot of people don't realize how bad things were (and still are) around here.
 
#33 ·
My county (Broome) requires that those who are issued a permit from this county inform. Failure to do so could result in the loss of a permit. It is not a law, it's a restriction, meaning one cannot get in legal trouble for disobeying it but the judge may yank your permit for failing to inform.


I'm in Broome too. I didn't realize that was a restriction.
 
#34 ·
I'm in Broome too. I didn't realize that was a restriction.
Yeah, that's one minor concern I've had. I've never received any sort of notification concerning that from the judge or from the sheriff's office, I've only heard it from firearms instructors. That said, I've heard it from two different instructors from two different schools - Dave (RochPersDef) being one of them. However, that's more than enough proof for me (one was plenty). If I felt I needed more, I could put in some phone calls, I'm sure the sheriff's office or judge's clerks could tell me.
 
#36 ·
To echo Dave's statement, don't put yourself in situations where you'll be interacting with a LEO when you weren't planning on doing so. That said, if you find yourself having numerous unplanned interactions with LEO's on a regular basis - maybe you shouldn't be in possession of any firearms to begin with... either that or you need to change your ways.

By and large, CCW permit holders tend to walk to the line straight and narrow and given the extensive background checks we're subjected to, we are much less of a threat to a LEO than some thug on the street with an illegal "9" in his waistband - and even your average citizen without a CCW. I work in Broome County every day (don't live there) and by some off chance I forget to slow down where I-81 South goes from 65 to 55 down that hill there, unless he asks, I"m not telling.
 
#37 ·
Because I don't know how any individual officer will react, I would not say anything unless I am about to be frisked. And I try real hard not to do anything that would warrant getting frisked. Offering info is asking for trouble, just my humble opinion. Plus my usual carry gun is not the coolest. (that's the smaller one you see to the left)
 
#43 ·
I dont have a pistol permit yet, but if its not required wouldnt it be a matter of how the interaction is going? If geting stopped for a fix it ticket of something stupid then it would be really up to the person. if they dont think it will be discovered or the cop is in a really bad mood I dont hink I would say anything. if the cop is cool, or you think someone might see it.. I would let them know. last thing I would want is an officer yelling GUN and pulling his out. I have been on that side of the gun twice in my life... its not a fun time, (explained further for clarification: Once while walking my dog around our old house I didnt realize cops were on my property chasing a guy, they thought I was him. Second during a pull over where i had the same car as a guy who just held up a gas station.)
When would I tell them right off the bat? when I was pulled over for being suspected of robbing a gas station, he had the same car and color I did. thank god the guy was of a different color and there was more then one of them. (no it wasnt me :p)
 
#45 · (Edited)
The law says there's no need to inform, end of story. If I were "met with a knee in my back", the cop and the municipality would be meet with a lawsuit in the courts. If he asks me if I have a gun, THEN I will inform him, not before. Since when do we have to give up our right, especially one encoded in State law?

And the cop nor anyone else needs to ask me why I carry, it's really none of their business.

Why do we even have the guns listed on our licenses? What's the difference? We may be the only state that does this, do they think someone with a pistol license will be carrying a stolen gun or what? What's the purpose of listing them?

Btw, I am NOT a cop basher, my brother is one and I worked professionally with them for over 30 years. This is NOT about them vs us, it's about our rights.
 
#47 ·
Silverpathic:

Read back thru the thread. Your answers are there.
 
#48 ·
Oh I know what you are referring to, the question marks were more questions to myself rather then to anyone else. I get and respect everyone's thoughts, just I have meet a few officers who were having a bad day and were going to run me through the ringer. Now I can say I have not met many, but everyone had a bad day.
 
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