CPL requirements

[spdrmnfn]

Can someone answer the question of requirements if you have a CPL and you are pulled over by the police.  My understanding is that you have to tell the officer that you do have a CPL, but do you have to state whether you have a gun in the car or not?  My concern would be if coming home after drinking, not being drunk, and getting pulled over and I state to the officer that I have a CPL but I am not carrying any guns at this time.  Does this give him right to be suspicious and give him the right to search the car or inquire for anything more than what they are able to ask for if I would not have the CPL?   I currently do not have a CPL and just trying to gather as much information and answer questions that I can before deciding if getting one is the right thing for me.

Thanks

[TheQ]

Hi.

MCL 28.425f says you only have to disclose if you meet both of the following:

1. You have a CPL
2. You are currently carrying under the authority of your CPL.

You have no legal duty to disclose anything at any other time. Should you? That's a topic for debate that is beyond the scope of your original question -- it's a personal decision.

As for me, it'd probably depend on the situation.

HTH.

[bigt8261]

-If you have a CPL AND you are "carrying" (have a firearm in the passenger compartment) then you shall immediately disclose to the officer that you have a CPL and you are carrying.

-If you do not have a CPL or you are not "carrying" then no such duty exists.

-If you do not have a CPL but you are "carry" (in your car) then you are breaking the law.

Now, even if you do not have the duty to disclose, many including my self, will recommend that it is still best policy to disclose to the officer that you have a CPL, but are not "carrying".

I hope that straightens things out. Feel free to post any follow questions that you may have.

[autosurgeon]

I will only disclosed when I am carrying. The law is clear.

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[xerxescct]

I thought if the officer runs your plate, assuming you are the registered owner of the vehicle, they are able to tell from that you have a CPL. Maybe I am wrong about that.

When I get my CPL I will not be carrying to and from work as my employer does not allow employees to have weapons on the property. So if I get pulled over in this situation I will still provide my papers for good measure.

[autosurgeon]

I thought if the officer runs your plate, assuming you are the registered owner of the vehicle, they are able to tell from that you have a CPL. Maybe I am wrong about that.

When I get my CPL I will not be carrying to and from work as my employer does not allow employees to have weapons on the property. So if I get pulled over in this situation I will still provide my papers for good measure.

Why would empower them to expect you to show papers when it is not required? That just makes it harder for other folks.

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[TheQ]

I thought if the officer runs your plate, assuming you are the registered owner of the vehicle, they are able to tell from that you have a CPL. Maybe I am wrong about that.

When I get my CPL I will not be carrying to and from work as my employer does not allow employees to have weapons on the property. So if I get pulled over in this situation I will still provide my papers for good measure.

When the officer pulls you over, he runs the plate. That doesn't tell him you that you have a CPL.

Many agencies as a matter of SOP run the registered owner through LEIN before the officer approaches, that's when your CPL pops up.

[32_d3gr33s]

side question, if you are a passenger in a stopped vehicle, do you have to disclose? or only the the driver of the vehicle?

[Ezerharden]

You are required to disclose as a passenger as well.

[WilDChilD]

You are required to disclose as a passenger as well.

Cite?
I wasnt the one stopped the driver was.

[xerxescct]

Why would empower them to expect you to show papers when it is not required? That just makes it harder for other folks.

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I'm sorry but that's how I feel. I am not empowering anyone. A little courtesy goes a long way especially when you may be ticketed for speeding or whatnot. That's my opinion, you have yours. I am not forcing anyone here or anywhere to show papers. I am not marching down to the capital as a pro paper shower. I dont feel that simply showing a paper to an officer, required or not, give them the ability to force it on others. The officer takes your drivers licence, proof, and registration with him, whats one more paper?

Again, my opinion, my feelings, and my way of doing things.

[bigt8261]

Let's keep in mind, that based on the OP, the scope of our conversation is constrained to when one is in a car and has been pulled over.

To me, this means RAS already exists for something. Personally, I am going to go out of my way to be courteous in this situation. That doesn't mean I'm going to give up any rights, that just means I'm going to be as polite and courteous as possible. Obviously this is just my opinion and as long as you are not "carrying", you are free to do as you wish.

[TheQ]

Let's keep in mind, that based on the OP, the scope of our conversation is constrained to when one is in a car and has been pulled over.

To me, this means RAS already exists for something. Personally, I am going to go out of my way to be courteous in this situation. That doesn't mean I'm going to give up any rights, that just means I'm going to be as polite and courteous as possible. Obviously this is just my opinion and as long as you are not "carrying", you are free to do as you wish.

I think post #2 says it best.

[bigt8261]

I think post #2 says it best.

I agree.

BTW, it would be post #3 if you hadn't ninjaed me by 8 seconds.

[autosurgeon]

When you go beyond what is required by the law you tend to give police the impression it is ok to expect everyone to do so. IMOP

You can be polite and respectful without telling the police everything you know. For example do you tell the police where you are going to or coming from if they ask?

I think the bigger issue here is the OP needs to watch the video on why NOT to talk to the police. Something you think is innocent and polite could backfire on you. Going beyond what is required by the law in one area tends to lead to doing so in other areas and that can lead to problems. Again IMOP

[WilDChilD]

You are required to disclose as a passenger as well.

Does anybody have a cite for this or is it BS?

[TheQ]

When you go beyond what is required by the law you tend to give police the impression it is ok to expect everyone to do so. IMOP

You can be polite and respectful without telling the police everything you know. For example do you tell the police where you are going to or coming from if they ask?

I think the bigger issue here is the OP needs to watch the video on why NOT to talk to the police. Something you think is innocent and polite could backfire on you. Going beyond what is required by the law in one area tends to lead to doing so in other areas and that can lead to problems. Again IMOP

For reference:

[bigt8261]

Does anybody have a cite for this or is it BS?

While I don't have statute or case law to point to, I do know that a MCRGO weekly update written by Steve Dulan (lawyer), said yes you qualify as having been stopped too. It may not be concrete, but I'm going with that until I see something else.

(Edit) Lookie what I found http://campaign.r20.constantcontact.com/render?llr=i8xaoxbab&v=001qwhULkbmHDuLgr_3K_AEac-JTI24AwQN83DlZuUdhsSm-gRUB4t6Rk-Oo-N91GzFWvQBcUwEyULLDeci5n3jnFGQwcpwHNZSwqtrlC3ctkY%3D

[autosurgeon]

I believe it is a court ruling that everyone in a vehicle is stopped. I don't have the case number at my fingertips.....

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[32_d3gr33s]

While I don't have statute or case law to point to, I do know that a MCRGO weekly update written by Steve Dulan (lawyer), said yes you qualify as having been stopped too. It may not be concrete, but I'm going with that until I see something else.

(Edit) Lookie what I found http://campaign.r20.constantcontact.com/render?llr=i8xaoxbab&v=001qwhULkbmHDuLgr_3K_AEac-JTI24AwQN83DlZuUdhsSm-gRUB4t6Rk-Oo-N91GzFWvQBcUwEyULLDeci5n3jnFGQwcpwHNZSwqtrlC3ctkY%3D

Thanks for that!  Very helpful!