Author Topic: Telling a police officer I have a gun  (Read 10174 times)

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Offline nathanbudai

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Telling a police officer I have a gun
« on: March 24, 2012, 11:21:41 PM »
Quick question if by chance I get stoped by a police officer and my gun is stored in my car because of a PFZ do I have to tell the cop that I am carrying but its in my car. Yes I do know open carry with a CPL makes me exempt.

Offline TheQ

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Re: Telling a police officer I have a gun
« Reply #1 on: March 25, 2012, 10:12:56 PM »
Quick question if by chance I get stoped by a police officer and my gun is stored in my car because of a PFZ do I have to tell the cop that I am carrying but its in my car. Yes I do know open carry with a CPL makes me exempt.

Well, let me ask a few more questions.

What's the PFZ we are talking about?
Is the gun in the cabin with you or is it in storage in the trunk?
Are you in the car?
If not, are you carrying a concealed weapon when you are "stopped"?

If you answer these questions, we may be able to help you more.
I Am Not A Lawyer (nor a gunsmith).

Offline nathanbudai

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Re: Telling a police officer I have a gun
« Reply #2 on: March 26, 2012, 03:12:25 PM »
I should of put it different Q lets say I have a CPL and I go to a bar to meet up with my friends but im not drinking and I leave my pistol under my driver seat.So a fight breaks out and im a witness so a police officer stops me and asks me what happend. do I have to tell him I have a cpl and my guns in the car.

Offline TheQ

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Telling a police officer I have a gun
« Reply #3 on: March 26, 2012, 04:09:16 PM »
No. You are only required to disclose if you are carrying concealed on your person (or in your car with your gun in the passenger compartment).

Some LEOs believe you must disclose if you have a CPL (whether you're carrying or not). These LEOs are incorrect!
I Am Not A Lawyer (nor a gunsmith).

Offline CV67PAT

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Re: Telling a police officer I have a gun
« Reply #4 on: March 26, 2012, 04:54:23 PM »
No. You are only required to disclose if you are carrying concealed on your person (or in your car with your gun in the passenger compartment).

Some LEOs believe you must disclose if you have a CPL (whether you're carrying or not). These LEOs are incorrect!

And you are only required to disclose that you have the gun. You are never required to disclose you have a CPL. You are only required to show the LEO your CPL if he asks for it.

http://legislature.mi.gov/doc.aspx?mcl-28-425f

FIREARMS (EXCERPT)
Act 372 of 1927
28.425f Concealed pistol license; possession; disclosure to police officer; violation; penalty;
seizure; forfeiture; "peace officer" defined.
Sec. 5f. (1) An individual who is licensed under this act to carry a concealed pistol shall have his or her
license to carry that pistol in his or her possession at all times he or she is carrying a concealed pistol.
(2) An individual who is licensed under this act to carry a concealed pistol and who is carrying a concealed
pistol shall show both of the following to a peace officer upon request by that peace officer:
(a) His or her license to carry a concealed pistol.
(b) His or her driver license or Michigan personal identification card.

(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol
and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying
a pistol
concealed upon his or her person or in his or her vehicle.
(4) An individual who violates subsection (1) or (2) is responsible for a state civil infraction and may be
fined not more than $100.00.
(5) An individual who violates subsection (3) is responsible for a state civil infraction and may be fined as
follows:
(a) For a first offense, by a fine of not more than $500.00 or by the individual's license to carry a concealed
pistol being suspended for 6 months, or both.
(b) For a subsequent offense within 3 years of a prior offense, by a fine of not more than $1,000.00 and by
the individual's license to carry a concealed pistol being revoked.
(6) If an individual is found responsible for a state civil infraction under this section, the court shall notify
the department of state police and the concealed weapon licensing board that issued the license of that
determination.
(7) A pistol carried in violation of this section is subject to immediate seizure by a peace officer. If a peace
officer seizes a pistol under this subsection, the individual has 45 days in which to display his or her license or
documentation to an authorized employee of the law enforcement entity that employs the peace officer. If the
individual displays his or her license or documentation to an authorized employee of the law enforcement
entity that employs the peace officer within the 45-day period, the authorized employee of that law
enforcement entity shall return the pistol to the individual unless the individual is prohibited by law from
possessing a firearm. If the individual does not display his or her license or documentation within the 45-day
period, the pistol is subject to forfeiture as provided in section 5g. A pistol is not subject to immediate seizure
under this subsection if both of the following circumstances exist:
(a) The individual has his or her driver license or Michigan personal identification card in his or her
possession when the violation occurs.
(b) The peace officer verifies through the law enforcement information network that the individual is
licensed under this act to carry a concealed pistol.
(8 ) As used in this section, "peace officer" includes a motor carrier officer appointed under section 6d of
1935 PA 59, MCL 28.6d, and security personnel employed by the state under section 6c of 1935 PA 59, MCL
28.6c.
Want to keep informed of events in your area? Go to http://www.miopencarry.org/update

Offline nathanbudai

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Re: Telling a police officer I have a gun
« Reply #5 on: March 26, 2012, 06:47:46 PM »
Thanks for your guys help.

Offline JoeCar

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Re: Telling a police officer I have a gun
« Reply #6 on: March 27, 2012, 07:12:32 PM »
+1 I learned something too, on this one///

Offline TERMINATOR

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Re: Telling a police officer I have a gun
« Reply #7 on: March 28, 2012, 07:20:28 AM »
No. You are only required to disclose if you are carrying concealed on your person (or in your car with your gun in the passenger compartment).

Some LEOs believe you must disclose if you have a CPL (whether you're carrying or not). These LEOs are incorrect!

And you are only required to disclose that you have the gun. You are never required to disclose you have a CPL. You are only required to show the LEO your CPL if he asks for it.


I know you are correct.   

The odds are about 1,000,000:1 that after you disclose that you have a gun the next words out of Mr./Ms. LEO's mouth will be "Do you have a concealed pistol permit"

But technically you only have to tell the LEO that you have a gun and then wait for them to ask about the CPL.

Or you could save some time and say "I have a gun and a CPL for it" if you wish.

But as was described above, no need to tell every cop you talk to if you are not carrying at the time or in a car with one at the time.
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