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Do you have an obligation to tell Police when you are pulled over for a basic traffic stop that you have a firearm on your person or in the car?
Do you have an obligation to tell Police when you are pulled over for a basic traffic stop that you have a firearm on your person or in the car?
This is for a traffic stop for a motor vehicle violation only.To be clear, Florida Statute 790.06 - “License to carry concealed weapon or firearm” states that an individual has no “duty to inform” a law enforcement officer that they are carrying a concealed weapon or firearm (some states do, however).
Here is one from Cape Coral PD: https://www.capecops.com/blog/2017/2/10/ask-ccpd-5-concealed-carry-traffic-stops
No driver in Florida has a duty to tell police when they are armed
No one is required or obligated say that they have a firearm. Some officers will still ask about weapons in the car; you still aren't required to disclose that.
If you do disclose that you have a firearm they will most likely just tell you as long as it stays in place everything is good.
However, some may ask
to remove the weapon from the car for the duration of stop.
This is a simple request…….
It is NOT a lawful order, only a request. You CAN refuse, unless the officer has an articulable reason to disarm you against your will
Tim Harvey https://tharveylaw.com(941) 552-7884
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By talkinggunswithjoe
5
11 ratings
Do you have an obligation to tell Police when you are pulled over for a basic traffic stop that you have a firearm on your person or in the car?
This is for a traffic stop for a motor vehicle violation only.To be clear, Florida Statute 790.06 - “License to carry concealed weapon or firearm” states that an individual has no “duty to inform” a law enforcement officer that they are carrying a concealed weapon or firearm (some states do, however).
Here is one from Cape Coral PD: https://www.capecops.com/blog/2017/2/10/ask-ccpd-5-concealed-carry-traffic-stops
No driver in Florida has a duty to tell police when they are armed
No one is required or obligated say that they have a firearm. Some officers will still ask about weapons in the car; you still aren't required to disclose that.
If you do disclose that you have a firearm they will most likely just tell you as long as it stays in place everything is good.
However, some may ask
to remove the weapon from the car for the duration of stop.
This is a simple request…….
It is NOT a lawful order, only a request. You CAN refuse, unless the officer has an articulable reason to disarm you against your will
Tim Harvey https://tharveylaw.com(941) 552-7884