In Terry, the United States Supreme Court held that an officer may perform a protective frisk and search pursuant to a lawful stop when the officer reasonably believes a person is “ armed and presently dangerous to the officer or others.” (see: 392 U.S. The Terry Doctrine stems from a 1968 Supreme Court case, Terry v. IMPLICATION NUMBER 1: WAIVING YOUR FOURTH AMENDMENT RIGHTSĪ potential outcome of informing an officer that you have a firearm is that the officer might then have the ability to perform what is called a Terry Stop or a Terry Frisk. Obviously it is highly encouraged to be courteous and respectful at all times when interacting with law enforcement. However, there are several implications of informing an officer that you have a firearm that you should be aware of before making your decision. In these states the question arises as to whether one should inform an officer about the firearm or not. Additionally there are also no laws that require them to respond or provide a permit if asked about the presence of a firearm. Meaning, there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. No Duty To Inform States:įinally, some states are No Duty To Inform states. It is important to note that being required to give an officer your permit once it is asked of you ( quasi duty to inform), and being required to affirmatively tell an officer you have a firearm without being prompted ( duty to inform) are two very different legal requirements. The specific requirements of these laws will vary from state to state, and if a state has a quasi duty to inform law it will be noted under the special notes section of each state summary page. In addition to the above Duty to Inform states, some states have quasi duty to inform laws.These laws require that a permit holder must have his/her permit in their possession and surrender it upon the request of an officer. Do not reach for your weapon or permit, or do anything that might be interpreted as reaching for your weapon, unless instructed to do so. Comply fully with all instructions given by the officer.Advise the officer of the location of the firearm.Advise the officer that you have a valid concealed firearm permit and there is a firearm in your vehicle/possession.If you are in a vehicle place your hands on the steering wheel until you have informed the officer of the presence of the firearm, and fully complied with his or her instructions. When informing an officer of a firearm we recommend following these four steps: If you find yourself in one of the Duty to Inform states you must inform an officer if you have a firearm. 25 § 7-2509.04)ĥ0 State Summary Of Duty To Inform Laws Click on each state to see its laws regarding police encountersĬLICK HERE TO TAKE LEGAL HEAT’S FREE ONLINE INTRODUCTION TO CONCEALED CARRY COURSE Texas (must provide permit when asked for ID, §411.205).Maine: (Permit holders have a quasi duty, non permit holders have full duty to inform). However, as a quick reference the duty to inform states are as follows: The below interactive map has a 50 state summary of all 50 state’s police encounter laws. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession. These states are called “ Duty to Inform” states. Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter (such as a traffic stop).
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