Surviving a Police Encounter as a Concealed Carrier - PowerPoint PPT Presentation

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Surviving a Police Encounter as a Concealed Carrier

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If a law enforcement officer stops you and you are legally carrying a firearm on your person or in your vehicle, should you inform the officer? And if so, how should you tell them? – PowerPoint PPT presentation

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Title: Surviving a Police Encounter as a Concealed Carrier


1
Surviving a Police Encounter as a Concealed
Carrier
2
  • If a law enforcement officer stops you and you
    are legally carrying a firearm on your person or
    in your vehicle, should you inform the officer?
    And if so, how should you tell them?
  • Every patrol officer fears being shot in the line
    of duty, and every time an officer initiates a
    traffic stop, they risk having an encounter with
    an armed criminal who intends harm. Civil rights
    attorney Lorenzo Banks says, Just like you get
    nervous when youre getting pulled over this
    officer is kind of nervous. It means most
    traffic stops begin with both parties feeling
    tense.

3
  • The mission of D.O.P.E. the Movement is to help
    officers and citizens De-escalate Officer Patrol
    Encounters. D.O.P.E.s founder, retired Oklahoma
    City Police Lieutenant Stan Campbell, says that
    citizens can ease the tension at the beginning of
    a law enforcement encounter by demonstrating
    through words and actions that they are not a
    threat and that they care about the officers
    safety. With this in mind, as a veteran of law
    enforcement, Stan believes that informing an
    officer of a lawfully concealed firearm at the
    beginning of an encounter often increases the
    tension rather than de-escalating.

4
  • In 2016, officer Jeronimo Yanez of the St.
    Anthony, Minnesota Police Department stopped
    motorist Philando Castile for a broken tail
    light. Dash camera video shows that the encounter
    began cordially. After being asked for his
    license and insurance, Castile says, Sir, I have
    to tell you I do have a firearm on me. The
    officers demeanor changes from cordial to
    concerned after Castiles disclosure. Dont
    reach for it then! the officer says. There is a
    short, terse verbal exchange before officer Yanez
    draws his pistol and fires into the vehicle.
    Evidence suggested that Castile was reaching for
    the documentation the officer requested, but
    Yanez feared he was reaching for the gun. Castile
    died from his wounds, and Yanez was found guilty
    of second-degree manslaughter.

5
  • Castile wasnt legally required to disclose to
    the officer that he was carrying a firearm.
    Minnesota is a Notify-When-Asked state which
    means lawfully carrying citizens are not legally
    required to tell an officer about a firearm
    unless specifically asked. Stan references the
    Castile case as an example of how disclosing the
    presence of a firearm could quickly devolve into
    tragedy. Had Castile not mentioned the firearm,
    Stan says, its likely the stop would have
    continued cordially, and Castile would have
    driven away with a ticket and without the
    concealed weapon ever becoming an issue.

6
  • Some states have statutes requiring that
    concealed carriers notify patrol officers if they
    have a firearm during a traffic stop. In these
    Duty-to-Inform states, Stan says citizens are
    legally required to disclose when they are
    carrying, but he also notes there are ways to do
    it without unnecessarily escalating the tension
    of the encounter. If there is time before the
    officer approaches, a motorist can have their
    concealed carry permit readily available along
    with their license. Stan says that mentioning the
    words firearm or gun may increase tension.
    Instead of saying, Sir, I have to tell you I do
    have a firearm on me, as Castile did, Stan
    suggests a motorist could say, Officer, I want
    to let you know I am a concealed carrier. It is
    a way to comply with the law without
    unnecessarily escalating the encounter.

7
  • More important than the words a motorist says is
    what they do with their hands. Motorists who
    disclose to an officer that they are armed should
    make sure the officer can see both of their
    hands, perhaps by grasping the top of the
    steering wheel. They shouldnt make any sudden
    movements. A well-trained officer will give
    specific instructions, and motorists should
    comply slowly, asking permission before each
    action. In Castiles case, he continued to reach
    for his documentation after disclosing he was
    armed, and the miscommunication that followed
    tragically cost him his life.

8
  • Concealed carriers have a responsibility to know
    whether they are in a Duty-to-Inform state, a
    Notify-When-Asked state, or whether they have
    complete discretion. The website
    worldpopulationreview.com has a list of the
    states that fall into these categories for quick
    reference, but you should also directly research
    the statutes where you live (some counties in
    California, and the municipality of New York have
    laws that supersede state law).

9
  • Responsible citizens often feel they have a duty
    to disclose if they have a firearm during a
    police encounter, but in most states, this is not
    a legal obligation. As the Castile case
    demonstrates, unnecessarily disclosing that you
    have a firearm might only serve to increase the
    tension of an officer patrol encounter. If your
    state or local government mandates legal
    disclosure, there are ways you can present the
    information without unnecessarily alarming the
    officer or increasing the danger to yourself. In
    other states, where the law gives you discretion,
    you can decide if, when, and how to disclose that
    you are armed.

10
  • However, you proceed, if you demonstrate that you
    care about the officers safety by keeping your
    hands visible, if you communicate your intentions
    before you make any movements, and if you comply
    with the officers instructions, you will be much
    more likely to have a positive officer patrol
    encounter even if you end up getting a ticket.
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