Tuesday, October 18, 2011

Must a person reveal being armed to law enforcement?

I received an email from a Florida law enforcement officer asking if there was any legal authority that required a citizen to advise an officer the citizen was armed,  upon making contact.   My response is in the book, but also follows:


Unlike some states, Florida has no requirement for a person to inform an officer he is armed. This seems to be vastly misunderstood by law enforcement. However, a CWP holder who is in actual possession must display his CWP to a law enforcement officer upon request. 790.06(1). That may be the source of the misunderstanding. Thus, if asked -- and only if asked -- a CWP holder must display their CWP license -- but still has no legal responsibility to advise they are armed -- although a denial or refusal would be kind of stupid at that point. Likewise -- someone without a CWP who had a firearm securely encased in a vehicle has zero responsibility.


I normally suggest that a citizen NOT advise an officer they are armed unless the firearm will most likely be seen by the officer, or the weapon is near identifications which need to be retrieved. In those situations it is stupid not to tell the officer. Likewise, if an officer asks a person if they have any weapons or firearms -- I advise citizens never to lie. (lying is not a crime unless they've been placed in lawful custody) However, I normally tell a citizen to use the "magic words" -- "Officer, I have a lawful firearm securely encased in my vehicle"; or "I have a CWP", or whatever. An answer such as: "I have nothing illegal or anything you need to worry about" -- while probably not satisfying to the officer, would also be truthful and legal -- but I normally prefer the "magic word" honesty approach.

Hope that helps
jon gutmacher

0 comments:

Post a Comment