Duty To Inform States: What You Need To Know

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The Duty To Inform Explained

One of the laws that concealed carriers need to be aware of is the duty to inform, which is one of those regulations that exists in some states but not in others. The gist of it is that you have a legal duty to inform a police officer that you are armed upon making contact.

However, this is only a legal requirement in the duty to inform states.

We'll go over how duty to inform laws work, as well as which states have a duty to inform law. We'll also go over what you may be required to do outside of the duty to inform states, as there are some close variations on the theme, so to speak, in other states as well. This is vital information to have in case you ever interact with police while carrying concealed so it behooves you to have a grasp on it. Bear in mind that this isn't legal advice, but a discussion of publicly available information.

Duty To Inform Law Types

Broadly speaking, duty inform laws fall into several formats: inform without being asked, inform if asked, no duty to inform and "other."

Basically, the way they work is some states require you to inform police without being asked. Others require you to disclose if asked, others have no requirement to inform and then you have states that defy classification.

For instance, the District of Columbia, Hawaii, New York and California are examples of the latter category. At the moment, concealed carry laws in Washington D.C. and Hawaii are in limbo due to a number of lawsuits at the time of this writing, so we won't touch on those.

New York and California both have no law at the state level requiring disclosure if a person is armed. They do, however, at the county - in the case of California - or municipal level, in the case of New York. Certain counties of California have a duty to inform law, as does the city of Buffalo, New York, though you probably shouldn't inform officers in Buffalo that the Bills aren't making the playoffs. They already know and will not be amused.

At present, only Georgia and Vermont don't require citizens inform officers in any way shape or form that they are armed if carrying concealed. Georgia is an interesting example, as you do have to keep your permit on you if carrying but law enforcement can't actually detain on suspicion of not having a permit.

In the hard duty to inform states, you have to inform an officer that you are armed without being asked. In some states, a person is only required to disclose that they are carrying if asked by a police officer but otherwise don't have to.

There is some gray area, however, as most states do require you to produce your concealed carry permit if asked though not necessarily if you are armed. Be prepared to show proof of licensure if contacted by law enforcement, as this is a best practice.

The Duty To Inform States

Presently, there are 12 explicit duty to inform states. In these states, you have to inform a police officer that you are carrying a firearm. You will also have to produce a concealed carry permit for the officer to verify that a person is legally carrying.

Those states are:

Note that of the above, only Maine is a constitutional carry state, though Oklahoma recognizes the right to carry without a permit of citizens from constitutional carry states. In other words, a person that resides in a constitutional carry state can carry sans permit in Oklahoma, provided they substantiate their residency with a valid ID card from that state.

That said, residents and non-residents alike in these states must disclose to an officer that they are carrying without being prompted. In simpler terms, "here is my license, registration, proof of insurance, officer. By the way, I have a concealed carry license and I am armed.

officer

As a general rule, passengers in vehicles should disclose if armed as well, and without being asked.

Required To Inform If Asked

Of the remaining states, only two have the duty to inform if asked, namely Arizona and Illinois. In those states, you must disclose to an officer that you are carrying if they ask. You will then have to produce a permit.

In all other states, you only have to produce a concealed carry license.

However, it bears mention at this point that while you may not be legally required to inform law enforcement that you are carrying a concealed firearm, it may be a very good idea for you to do so. While supererogatory, a lot of police have gone on record over the years as saying they wished more people would.

If there's one thing that cops hate, it's surprises. Remember that they just want to get home safe, just like everyone else.

producing your concealed carry license if asked

Reactions may range from "do you have a permit for that" to...let's just say nonplussed. Since you want any encounters from law enforcement to go smoothly, it's a best practice to inform an officer that you are carrying.

Granted, that's all up to you. Again, it's supererogatory; you don't have to but it's a good idea to do it.

How To Tell An Officer You Are Concealed Carrying

informing an officer you are concealed carrying

If you are required by the laws of your state to inform (compulsory or if asked) or if you've decided that you're going to of your own free will, there is a right way to handle it.

If informing an officer, do so early. Basically, when they get up to the window, you need to say "I am carrying a concealed firearm, officer, and I have a permit for it" as soon as you have an opportunity. You may be asked where it's located, or you may wish to tell them. At that point, let them talk you through what to do next; DO NOT make any sudden movements at that point.

A good way to handle it is to have some prepared phrasing in mind. (Call center workers call this "scripting.") For instance, a good way to put it would be:

"Good evening, officer. I just want to inform you that I am carrying a concealed pistol, it's located (wherever it is) and I have a permit for it. How would you like me to proceed?"

This gets the disclosure out of the way, lets them know you have a permit, lets them know the location of the gun and puts the ball in their court on what the next step is. Again, you need to let them talk you through it and follow their instructions in a calm, controlled manner.

Officers may wish to have you exit the vehicle, where they will secure the pistol to their satisfaction. They may say "that's fine; so long as I don't see yours, you won't see mine" or they may guide you through every motion that you will take while producing your license, registration and permit. It all depends on the cop in question.

You should know by now what, if any, duty to inform you have. If you don't have a duty to do so, you'll have to decide whether you will or not. If you've decided that you have, make sure to let the officer take charge and talk you through the encounter.

Have you had to inform an officer you were carrying?
What worked and what didn't? Let us know in the comments below!

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About The Author

Born in southeastern Washington State, Sam Hoober graduated in 2011 from Eastern Washington University. He resides in the great Inland Northwest, with his wife and child. His varied interests and hobbies include camping, fishing, hunting, and spending time at the gun range as often as possible.

5 Comment(s)

Joe Shleb

Nov 27, 2022 11:45

Why would you be required to show your AZ CCW permit to an LEO, when no permit is required in AZ? Aliengear might want to review your content above.

Stephen Wolfe

Oct 20, 2018 13:29

If pulled over I immediately get my license and insurance info out, then place them on the dash directly in front of me with both hands on the steering wheel. While carrying, I also put my ccw there with my license so it is in plain view and can be handed to the officer. I let the officer initiate the proceedings from there.

Pennsylvania.

Sam

Apr 08, 2018 06:50

Good info here. My question is what is the proper thing to do coming back to the US from Canada to NY? Am i required to show my CCW and inform boarder agents at those check points?

Huppim

Oct 20, 2017 17:49

I had this discussion with actual police and It seems in this country a great deal of people go to school and forget what they have learned. These officers did not know the law and there are very many such. So, fast forward a year or more later I finally hear about this duty to inform? I had an abiding suspicion however that this situation was a potential trap. I think nowadays and I saw a video with a lawyer who by the way does advice on informing, said that officers are able to tell that you are a concealed weapons carrier. I am not sure if the officer can also tell that you are a plain old gun owner which could be the case at which point I am wondering if that is unreasonable search and seizure under the law. If the law allows for the possession of firearms and disallows unreasonable search and seizure however unreasonable is a word that is interpreted in a courtroom but let's say the cop stops a person for possible DUI then at this point it's important for the officer to know about weapons. In my view since a dead person cannot talk his side, if a cop is a bad or stupid, uninformed cop which I don't know who is or isn't it's probably a good idea to be with someone if possible or pull over in a very public place and or also carry a recording device that others know you have etc. Search and seizure is unreasonable when it's broad daylight, it's a petty crime, like speeding a little in a bright sunny dry day with light traffic ect. Where the officer does not really need to fear for his life since it's not dark ect. So anyway if they know you have a weapon or you don't know if they know you may assume they know at which point it's all about your safety primarily as well as they feeling safe. Perhaps you can phone someone and have them on the phone or face time and tell them your recording the interaction for your own safety because you don't trust police.

Wesley

Oct 02, 2017 19:35

I disagree with this aspect of Duty to inform. Here's why.

If I am otherwise a law-abiding citizen but for some reason and stopped by the police such as in the normal course of a traffic incursion, I do not see how my possession of a legally obtained and properly used and or stored firearm is of any consequence to the reason I was stopped by the LEO.

I do understand that from a police officer's perspective it lets them know that the threat or risk level of that encounter is that much higher.

I also understand that it does place a police officer at ease in the sense knowing that you are willing to disclose without the request or unless required as in some states and jurisdictions.

But there is just something that I viscerally feel is wrong with having to disclose that I am carrying a firearm to a LEO for certain small incursions of the law or even traffic stops. I know I have requirements as a concealed carry owner and I know state legislatures can change laws to best affect the general happiness of its citizenry. Perhaps this is one that will require such a course.

Another aspect of this is the requirement of some states like Alaska for a police officer to be able to and require your compliance for them to legally disarm you to further inspect a firearm as to ascertain its status.

To be blunt and for the sake of brevity I will attempt to keep much off the butcher's block and so in essence I feel that is also wrong.

I do understand the requirement for such actions if I am performing a felonious action but for simple civil infarctions I feel that is a bit of a step too far by the government.

At what point will we advance this agenda of law enforcement intrusion and perhaps go so far as to require them to determine if your state or local taxes have been paid?

In sum, I don't believe it is in the general keeping with the American idea of Liberty to allow our law enforcement to require a duty to inform and legal disarmament while they pursue the investigation of actions of non felonious nature, and while it may put a police officer at ease for the duration of that civil interaction it is not my duty in my belief for me to require such a course. I know the laws speak differently at this point in time but perhaps that may change as well.