You might not even need to tell a police officer about the firearm in your vehicle if you live in a state without a ‘duty to inform’.
When stopped by law enforcement, many drivers may wonder about their rights regarding firearms in their vehicles. In many states, you can transport the gun in your car without fear of legal repercussions. Still, however unlikely, a police officer might request to disarm you during a roadside interaction in a “duty to inform” state.
You shouldn’t refuse to hand over the gun in your car to the police, but it might not ever come to that
In short, it’s unwise to refuse to hand over the gun in your car if a police officer requests that you relinquish it during a stop. However, it’s unlikely that a law enforcement officer (LEO) will demand that you retrieve and hand over a firearm in your vehicle.
For instance, Franklin Police Department Officer Ryan Schuman shared in a public service announcement that drivers shouldn’t go groping for a firearm immediately during a traffic stop. Seems like common sense. But Schuman suggests that drivers stick to the topic at hand and not volunteer their firearms to law enforcement without prompt. “We’re going to be very uncomfortable about that,” Schuman said.
Of course, the “duty to inform” comes into consideration here. According to the USCCA, there are 12 states with a duty to inform law. Now, the City of Franklin is in Virginia, a state without a duty to inform rule. In a state with such a law, you are “required to disclose the presence of your firearm upon making contact with law enforcement.” These states require you to tell law enforcement about your firearm.
- Alaska
- Nebraska
- Texas
- Arkansas
- Louisiana
- Michigan
- North Carolina
- New Jersey
- Hawaii
- Maine
- North Dakota
- Ohio
In a “duty to inform” state, the law dictates that you tell a police officer about the presence of a gun in your car at a stop. As a result, a police officer might request that you hand over the weapon for the remainder of the interaction in the interest of safety. Incidentally, like any request from law enforcement, you can refuse. However, refusal can prolong an otherwise routine interaction or escalate a tense situation. However, in a state without the law, you aren’t required to tell a cop about your firearm.
