By James D. Phillips
One of the most frequent questions that our attorneys are asked at seminars is, “What do I do if I am involved in a Traffic Stop While Carrying a Firearm?” Sometime, what you are required to do by law, and what we recommend you do differ. The first paragraph below discusses what you MUST do under Florida law if you are involved in a traffic stop while carrying a firearm, the second is our recommendation of how to handle a traffic stop while carrying a firearm, but is not required under Florida law.
WHAT THE LAW REQUIRES
Florida Statute 790.06(1) requires a CWFL holder who is carrying a concealed firearm to carry their CWFL with them while carrying a firearm along with valid identification, such as your driver license. If after you have been pulled over by law enforcement, the officer specifically asks to see your CWFL, then the law requires you to provide it to him or her along with your valid identification. If you fail to do so, then you will be committing a noncriminal violation and required to pay $25.00 to the clerk of the court. You are not automatically required to give an officer your CWFL upon contact with law enforcement, they must ask for it. Please keep in mind this is specific to the state of Florida as other states require you to notify the officer upon contact. Furthermore, there is no state or federal requirement to notify the officer that you have a gun on you or in your car, even if the officer asks you. What you are not allowed to do is lie if the officer asks you. Should you choose to, you are allowed to inform the officer that you are not going to answer any question, but you cannot lie.
OUR RECOMMENDATION
Remember, just because you have the legal right to do something, does not mean it is the best course of action. How you handle a traffic encounter with law enforcement is ultimately up to you, but based on our experience with law enforcement, we advise people to be honest with law enforcement when it comes to being pulled over while lawfully carrying concealed. If you do not inform the officer that you have a gun on you or in your car and he or she sees it, you are likely to be staring down the business end of the officer’s gun. This is a situation most of us would like to avoid. We have found that the best approach when carrying a firearm on you or in your car lawfully, if pulled over, is to open all the windows and turn on the dome lights immediately. That way as the officer approaches, he can clearly see in the car and observe that you are not a threat. Once you have done so, it is best to put your hands on the steering wheel and leave them there. Passengers should also keep their hands empty and in plain view. When the officer approaches your window, calmly let them know you have a CWFL and a firearm on you. Ask them how they would like you to proceed and follow their directions.
USE THE WORD FIREARM, NOT GUN
You should not use the word gun but instead use the word firearm. Officers are trained to yell out “Gun” to other officers when they see one. This word triggers apprehension and reaction from law enforcement. Furthermore, by notifying the officer that you have a gun and showing him or her your CWFL, you are letting that officer know that you are not a convicted felon, but a lawful gun owner who is not likely a threat. Yes, it is true that by disclosing this information the officer may order you out of the car and temporarily seize you and your firearm for officer safety. They also may enter your vehicle to retrieve your firearm without a warrant or your consent. How the officer reacts to you providing this information depends on the officer and their experiences and training. They may disarm you as we discussed in prior posts. At the end of the day, both you and law enforcement want to go home safely. Remember, the paragraph above tells you what the law requires, the second is how we personally choose to handle such an encounter but is not required by law.
Traffic Stop while carrying in Florida
In this video, Attorney James Phillips explains what you should do if involved in a traffic stop while carrying a firearm in Florida. If you have any specific questions, please feel free to reach out by submitting your question for us to answer with the form on the right or contact our firm to discuss your issue.
Almost every single one of us have had the unfortunate pleasure of driving down the road only to look up in the rearview mirror and see those blue lights. It’s a moment we all dread. Most CWFL holders, they find themselves in a dilemma on what should they do when the officer approaches their vehicle. The first option is you don’t have to tell the officer that you have a firearm or a CWFL under Florida law, unless the officer asks. If he asks, you must disclose that you have a firearm. Now, of course, the downfall to this is if you don’t tell them and you reach over to grab your registration or insurance card out of the glove box and he notices your firearm in your waistline, you’re probably going to see his firearm. You have to keep in mind law enforcement officers are trained to observe things in the vehicle when they approach. Also in today’s time with officers being a target, they’re a little bit more sensitive about the issue. The second option is when the officer approaches, you can hand them your CWFL along with your license. Now, if you go this route, you have to keep in mind that an officer can ask you out of the car. They can secure you in handcuffs and retrieve the firearm. They do not need a warrant to go into your vehicle to retrieve the firearm to secure it because of their officer safety. Now, it has been my experience and the experience of many U.S. Law Shield members that when they provide their CWFL to the officer along with their driver’s license, things usually go pretty smooth. First of all, when you do this, you are telling the officer that you’re a law-abiding citizen and that you’re going to cooperate with them. Second, you’re also letting them know you are not a convicted felon. So, you’re not going to be a danger to them. This will immediately ease their tension and relax the situation. Now, again, understand that based on what officer pulls you over will dictate what they will do. Some will just say, hey, keep your hands where I can see them. Don’t reach in the location of the firearm. Others may ask you to exit the vehicle so they can separate you from the firearm. Just know that this is something that could happen. You could get actually get the hyper vigilant officer who actually wants to secure you to retrieve the firearm. Again, in my experience when I’ve disclosed that I have a CWFL and a loaded firearm, the officers have been very forthcoming and, in essence, haven’t written me a ticket. So, whenever you see those blue lights, decide what you want to do, go with it and be careful.
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