Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Posted: 7/17/2008 7:42:32 PM EDT
I used to think that you needed to tell a cop when you are carrying, but that if you weren't you did not need to.

My wife just got pulled over for a busted taillight and after the cop ran her license he came back to the car with his gun drawn on her, and asked her if she was armed. She wasn't and told him no.

She got out of the ticket, we had the car in the shop about a week ago, and obviously they missed something.
Link Posted: 7/17/2008 8:43:24 PM EDT
[#1]
In virginia there is no duty to notify, that said, if the registered owner of a vehicle has a chp, then it will flag when the tag is run. must be something missing from the story.
Link Posted: 7/17/2008 9:21:09 PM EDT
[#2]
Thanks for the clarification on the "no duty to notify" I was wondering about that too.

The story makes sense to me, i.e., nothing missing from the story, that I can tell:

- I'm ASSuming Jrock25 has a CHP and the car is in his name.
- Tail light is not functioning, hence the traffic stop.
- Officer checks Jrock25's wife's license, registration and runs the tag, when the system indicates the CHP.
- Officer comes back to the car and asks her if she's armed, which she's not.
- Nice of the Officer not to give a ticket.  It would've been a dick thing to do, but the Officer could've given her a ticket and told her to fix the light and then produce a repair receipt for the judge in traffic court to maybe get the charges dropped.

Cut and dry to me.  
Link Posted: 7/17/2008 9:22:21 PM EDT
[#3]

Quoted:
In virginia there is no duty to notify, that said, if the registered owner of a vehicle has a chp, then it will flag when the tag is run. must be something missing from the story.


Correct.  The drawn gun seems to indicate one VERY jumpy officer, since I've never had any VA officer act that way & never before heard of one doing that.  Probably a rookie.  

However, most of the officers have returned to my car, handed back my license & registration and only THEN ask if I was carrying.

Your CCW info pops up when they run your registration.  I've only had good encounters with VA's LEOs.  In fact, I personally believe the CCW helps - since it shows you are a person who tries hard to follow all the rules.
Link Posted: 7/17/2008 11:46:13 PM EDT
[#4]

Quoted:
In virginia there is no duty to notify, that said, if the registered owner of a vehicle has a chp, then it will flag when the tag is run. must be something missing from the story.


I am a transplant, my car is licensed in Washington (state). I am not sure if that stuff is shared or not. I have been pulled over before and never been asked, so this surprised me.

Both my wife and I have our CCW's, she said that the police officer drew his weapon after he ran her license, but he could of done the plates at the same time. He then told her that she was suppose to inform him upon being stopped that she has a license.

Yes, it was nice of him not to give her a ticket.
Link Posted: 7/18/2008 3:00:59 AM EDT
[#5]
In some states you are required to notify the officer in other sates you do not. In WV you are not required to inform the officer unless asked.
Link Posted: 7/18/2008 3:16:08 AM EDT
[#6]

Quoted:
Thanks for the clarification on the "no duty to notify" I was wondering about that too.

The story makes sense to me, i.e., nothing missing from the story, that I can tell:

- I'm ASSuming Jrock25 has a CHP and the car is in his name.
- Tail light is not functioning, hence the traffic stop.
- Officer checks Jrock25's wife's license, registration and runs the tag, when the system indicates the CHP.
- Officer comes back to the car with his sidearm drawn and asks her if she's armed, which she's not.
- Nice of the Officer not to give a ticket.  It would've been a dick thing to do, but the Officer could've given her a ticket and told her to fix the light and then produce a repair receipt for the judge in traffic court to maybe get the charges dropped.

Cut and dry to me.  


Fixed it for you.  I think that's also the part the OP is wondering about.
Link Posted: 7/18/2008 6:01:26 AM EDT
[#7]
Been stopped twice with a carry permit and armed.
Neither one said a word or even asked.
One Va state, one Fairfax county.
Link Posted: 7/18/2008 6:20:12 AM EDT
[#8]
Most everything is correct, however -

The CHP is NOT tied to the registration. If an officer runs your license plate (tag), he will not necessarily know the CHP exists. He has to run your license (T number) in order to get the CHP flag to pop up.

Some agencies have automated systems that pull the T number off the registration automatically, many do not.

Just to clarify.
Link Posted: 7/18/2008 6:34:05 AM EDT
[#9]
Now let me add another question to this. Does VA share CCW info with other states? I have  a CDL license and regulary travel VA, NC, MD, and DE. I know in NC i'm ok, but what about MD and DE? Does it come up on there computers?

P.S. I don't want to go into the whole commercial vehicle aspect of it, just wondering if it would be flagged in MD and DE.
Link Posted: 7/18/2008 6:41:59 AM EDT
[#10]

Quoted:
Now let me add another question to this. Does VA share CCW info with other states? I have  a CDL license and regulary travel VA, NC, MD, and DE. I know in NC i'm ok, but what about MD and DE? Does it come up on there computers?

P.S. I don't want to go into the whole commercial vehicle aspect of it, just wondering if it would be flagged in MD and DE.


Any state with which VA has reciprocity for CHP's, then it's a mandatory requirement for file sharing both ways, along with 24hr verification of CHP status. For states that don't have reciprocity, I couldn't tell you.
Link Posted: 7/18/2008 6:46:40 AM EDT
[#11]
height=8
Quoted:
Now let me add another question to this. Does VA share CCW info with other states? I have  a CDL license and regulary travel VA, NC, MD, and DE. I know in NC i'm ok, but what about MD and DE? Does it come up on there computers?

P.S. I don't want to go into the whole commercial vehicle aspect of it, just wondering if it would be flagged in MD and DE.


no one is allowed to carry in MD.. hell most people who live in the state cant carry. there is a site out there that will tell you where you can use your permit.. i cant remember it off hand. im sure someone here has it bookmarked.

side note. I have used my permit to get out of many tickets in WV.. when they see it they normaly say im getting a warning before they even go back to there car to run my name through the computer.
Link Posted: 7/18/2008 6:48:01 AM EDT
[#12]

Quoted:

Quoted:
Thanks for the clarification on the "no duty to notify" I was wondering about that too.
The story makes sense to me, i.e., nothing missing from the story, that I can tell:
- I'm ASSuming Jrock25 has a CHP and the car is in his name.
- Tail light is not functioning, hence the traffic stop.
- Officer checks Jrock25's wife's license, registration and runs the tag, when the system indicates the CHP.
- Officer comes back to the car with his sidearm drawn and asks her if she's armed, which she's not.
- Nice of the Officer not to give a ticket.  It would've been a dick thing to do, but the Officer could've given her a ticket and told her to fix the light and then produce a repair receipt for the judge in traffic court to maybe get the charges dropped.
Cut and dry to me.  


Fixed it for you.  I think that's also the part the OP is wondering about.


Cool.  I also just noticed something about my reedin' komprahinshun: the OP is Jrock82

Also, the stuff from other posters (re: which systems give what info based on tags, license#, etc) is very informative.
Link Posted: 7/18/2008 6:50:46 AM EDT
[#13]

Quoted:

Quoted:
Now let me add another question to this. Does VA share CCW info with other states? I have  a CDL license and regulary travel VA, NC, MD, and DE. I know in NC i'm ok, but what about MD and DE? Does it come up on there computers?

P.S. I don't want to go into the whole commercial vehicle aspect of it, just wondering if it would be flagged in MD and DE.


no one is allowed to carry in MD.. hell most people who live in the state cant carry. there is a site out there that will tell you where you can use your permit.. i cant remember it off hand. im sure someone here has it bookmarked...


there's a very nice interactive map at www.handgunlaw.us.
Link Posted: 7/18/2008 9:23:07 AM EDT
[#14]
I know I can't carry in MD, and I don't. Just wondering if it came up on there computers during a traffic stop or at the weigh stations.
Link Posted: 7/18/2008 9:36:51 AM EDT
[#15]
He drew down on her because she has a valid CCW?

Jack Booted Thuggery.  

I'd be interested to know which jurisdiction this took place in.  If I had to guess, it is probably the one with the flashing road sign reminding you to lock up your valuables.
Link Posted: 7/18/2008 10:43:39 AM EDT
[#16]
I was told to inform the officer out of courtesy, And to prevent them from drawing down on you.  That way they don't have any surprises when they run you tags.
Link Posted: 7/18/2008 11:42:08 AM EDT
[#17]
I've been pulled over twice since I've had my CHP. In Chesapeake for speeding (which turned out my spedometer was off because of my newly installed liftkit and tires) and out of common courtesy told him I have a CHP and have a gun. He didn't even bother with it he said OK. gave me my ticket and moved on.

Second time I got pulled over, very different experience (demeanor wise from the Chesapeake officer) in Virginia Beach, by VSP. I took off my fender flares to clean and repaint and he said my tires were stickin out toomuch and it was kickin rocks on his hood. I gave him my liscense and said "before I grab my registration just to let you know I have a CHP and my pistol right next to my registration in my center console."His response was "WHAT?! get of of the vehicle go to the front" he retrieved my gun which was in Condition 3 took the mag off cleared the gun. Asked me why do I have a gun? I mentioned for protection, recent shenanigans around the neighborhood. upon mentioning which neighborhood, it turned out he lives the next street over and he let me go. His demeanor did change alot from like a stand-offish to friendly. Either way it got me off a ticket but not before mentioning that had I not told him I had a gun and had the gun been loaded with a chambered round his demeanor would've been very different.

Point is. Not a requirement to tell an LEO but out of courtesy I just tell them anyways.
Link Posted: 7/18/2008 2:09:49 PM EDT
[#18]
Recently I was sitting in a local officer's patrol car with him, and asked him about this.  He said (like others here have said) that it comes up when the DL is run, and demonstrated with mine.  

He read the number to the dispatcher, and they came back with someone else's name.  We both made this face:

He re-read the number, and the dispatcher said "oops, mistyped" and came back with my name and some verbiage which included mention of a (some number) permit, which is the CHP.


Regarding the drawdown on MrsJrock82 simply because she has a CHP in her name, that seems very, very odd.  I've never heard of that happening in the Hampton Roads area.  

Jrock82, you may point out to her that if she believes the officer's actions were inappropriate, she can always file a written complaint against the officer with his department.  I'll admit, having a gun drawn on me for no other reason than the fact that Virginia has checked me out and issued me a permit, well, that wouldn't set too well with me.

Link Posted: 7/18/2008 2:23:03 PM EDT
[#19]


Jrock82, you may point out to her that if she believes the officer's actions were inappropriate, she can always file a written complaint against the officer with his department.  I'll admit, having a gun drawn on me for no other reason than the fact that Virginia has checked me out and issued me a permit, well, that wouldn't set too well with me.


Yeah no doubt about that!
Link Posted: 7/18/2008 3:47:00 PM EDT
[#20]
The Code does not require you tell them. It's entirely up to you and there are different schools of thought. My attitude is that they will see it when they run my license. If they want to know they can ask.

Did this officer point the gun at your wife, or just draw it and hold it muzzle down by his side? I'd be a lot more pissed and would definitely file a complaint if he pointed his gun at her.
Link Posted: 7/18/2008 5:02:11 PM EDT
[#21]
If I am carrying I hand permit with my DL and tell them what it is and mention that I am carrying.

If I am not carrying I say nothing and if they ask I tell them I would have said something if I was.

Seem to work well - never had anyone get jumpy and have gotton more warnings then tickets.

Link Posted: 7/18/2008 5:31:37 PM EDT
[#22]
To preface this, I've been a LEO for a little over 11 years now in the Richmond metro area. (scumbag city)  Like others have said, we get the info about your CWP when we run your driver's license # or name and dob or ssn or your astrological sign and vehicle identification number...

That being said, it always pisses me off to hear stories about officers drawing down on someone just b/c they have a CWP.  Personally, I don't know ANY officer who has or ever would draw on you for simply having a CWP.  I sometimes wonder if many of these stories are from a friend who heard about someone who got a gun pulled on them by the police...  (OP, could you please clarify if the officer actually pulled his weapon and pointed at your wife or did he unholster and have the weapon pointed down, behind his back as is common when I feel the need to have my gun drawn but not necessarily in your face)  Most officers recognize the fact that you took the time to have the background check, fingerprints and other government hoop jumping and came back as a stand up person.  That is good enough for me to recognize you as that.  Unfortunately there are some folks who do go bad after receiving a CWP.

I'll be the first to say if you are mistreated by the police, make the complaint.  Many times our actions are dictated by the person we are dealing with.  But like in ANY line of work there are a very small amount of knuckleheads.
Link Posted: 7/18/2008 8:11:51 PM EDT
[#23]

Quoted:
Been stopped twice with a carry permit and armed.
Neither one said a word or even asked.
One Va state, one Fairfax county.


He must have used the Jedi Mind trick on that one.  
Link Posted: 7/19/2008 3:21:26 AM EDT
[#24]
i think i can answer this one, or at least shed a bit of light on it...

i have quite a few friends whom are officers, many of them i originally met wile driving an old subaru with a ghost in the wiring always had head lights burning out(they only lasted a couple days-two weeks at most) i got pulled over A LOT(working at a bar ina  college town and leaving the bar with a headlight out will get you pulled pretty regurally, they're just looking for drunk drivers). anyway i became a familiar face to many of them, and always informed them that i had a liscence and wether or not i was carrying(they really appricite it btw, and they like folks who have CHP, shows you are a law abiding person willing to follow rules and work within the system, they like the courtousy of being told your carrying also) and working at the bar i've become friends with many of the guys just stopping through on random civility checks, responding to calls, or just enjoying themselves off-duty...

anyway, when they run your liscence(t-number as mentioned above) in this area atleast(ymmv), they will hear over the radio from the dispatch basically that subject is good to go, or get a code(iirc my buddy told me in h'burg dispatch will say "code 4") wich basically means standby for more info(info not meant to be heard by subject). they will turn or step away and say "unit___ go ahead" once you are out of earshot. the dispatcher will then tell them the information that triggered the code. things that could trigger the code responce includebut are not limited too: an outstanding warrant(being wanted for arrest), prior violence or assault history(espicially if toward an officer), prior gun charges, prior felonies(espicially if related to a violent or gun charge), blah, blah, blah, or if subject has a valid current CHP....

all these warning flags are meant to be an additional heads up to the officers for their personal safey(and in many of these cases rightfully so)...

usually it goes something like this...

cop: bluelights come on.
me: pullover someplace not so dangerous for ifficer, turn on flashers, roll-down window, hands in plain sight.
cop: liscence and registration please.
me: of course officer but first i feel it's my duty(though not legaly required in VA) to infor you that i am a holder of a CHP, and i am(or am not) carrying tonight/today.
cop: oh ok, no problem, thanks for letting me know...

i've been pulled over many times(again, it averaged no less than once a week and 2-3 times wasn't totally unheard of, but i found out now from an officer friend whom detained me several times, that i also looked like a guy they were looking for. and i had a mohawk a bunch of peircing and some tattoes, am often seen on way into or from a bar in a college town, i expected to be pulled over often, i fit the stereo type of a trouble maker and I DO thank officers for checking up on people who look the way i did), but after talking with the officers have rarelly ever gotten a ticket for much of anything since getting my CHP 8 years ago(2x for speeding on interstate, once for defective equipment)

now i have at times been preoccupied with trying to get somewhere, or "thinking damn-it, not again" and forgotten to tell the officers that i had a CHP and i've had officers unholster their weapons several times, and many more thumb open the latch on the holster, but never had a weapon pushed in my face(not assuming it happened either way just pointing out that their is a huge dfference between an officer unholster his weapon and approaching a vechical with it drawn, and having the officer "draw down" on you)

i can kinda sympathise theorethically with an officer being a bit cautious if he is informed a suspect(someones' wife or not) may be armed, yet in the initial face to face, the information was not volunteered. it'd probablly make me think "well why on earth didn't they tell me, as it's would have no big dead? so what are they hiding/up too?"
Link Posted: 7/19/2008 5:02:04 PM EDT
[#25]
I've gotten pulled over twice by Old Dominion University Police in Norfolk,  once for going 5mph over the limit on Hampton blvd.  other cause of a burnt out headlight while dropping my girlfriend off at a dorm.   On both occasions I did not have my handgun on me.   Both times I got lectured on how I need to inform them that I have a permit  and this involved me sitting there for an extra 15min for a second officer to pull up.  Both officers were courteous.   I didn't get any tickets but it was a hassle.   I just don't see the need to tell them when I'm not carrying, if i was yea I probably would have mentioned it.    
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top