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 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 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 14 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:
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Alaska
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Arkansas
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Louisiana
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Maine
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Michigan
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Nebraska
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North Carolina
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North Dakota
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Ohio
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Oklahoma
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South Carolina
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Texas
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Washington
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Wisconsin
Note that of the above, only 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.
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 . 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.
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
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.
Is Alabama a Duty to Inform State?
Alabama requires disclosure only if law enforcement asks about firearm possession during a stop or investigation.
Is Alaska a Duty to Inform State?
Alaska requires affirmative, proactive disclosure upon contact with law enforcement.
Is Arizona a Duty to Inform State?
Arizona law only requires disclosure if a law enforcement officer specifically inquires about firearm possession.
Is Arkansas a Duty to Inform State?
Arkansas mandates carriers must inform law enforcement affirmatively upon official encounters.
Is California a Duty to Inform State?
California does not have a statewide duty to inform, but some counties and municipalities impose their own requirements.
Is Colorado a Duty to Inform State?
Colorado has no legal duty to inform law enforcement about firearm possession unless specifically asked.
Is Connecticut a Duty to Inform State?
Connecticut has no statutory duty to inform law enforcement of concealed firearm possession unless requested.
Is Delaware a Duty to Inform State?
Delaware does not require any duty to inform law enforcement about firearms during stops.
Is Florida a Duty to Inform State?
Florida law requires disclosure only when specifically asked by law enforcement.
Is Georgia a Duty to Inform State?
Georgia carries no legal duty to inform unless asked by law enforcement during an encounter.
Is Hawaii a Duty to Inform State?
Hawaii requires carriers to affirmatively disclose firearm possession to law enforcement during interactions.
Is Idaho a Duty to Inform State?
Idaho does not have a state-mandated duty to inform law enforcement on firearm possession.
Is Illinois a Duty to Inform State?
Illinois law requires disclosure only if law enforcement directly asks about firearm presence.
Is Indiana a Duty to Inform State?
Indiana has no state law compelling concealed carriers to inform law enforcement during stops.
Is Iowa a Duty to Inform State?
Iowa does not enforce a duty to inform absent a specific law officer request.
Is Kansas a Duty to Inform State?
Kansas law does not impose a statutory duty to inform law enforcement of firearm possession.
Is Kentucky a Duty to Inform State?
Kentucky requires disclosure only when asked by law enforcement.
Is Louisiana a Duty to Inform State?
Louisiana places an affirmative duty to immediately inform law enforcement upon being stopped.
Is Maine a Duty to Inform State?
Maine requires duty to inform only if carrying without a permit; no such duty exists with a permit.
Is Maryland a Duty to Inform State?
Maryland does not impose a duty to inform law enforcement of concealed carry status.
Is Massachusetts a Duty to Inform State?
Massachusetts law does not include a statutory requirement to inform law enforcement about firearms.
Is Michigan a Duty to Inform State?
Michigan mandates affirmative disclosure of a concealed weapon upon contact with law enforcement.
Is Minnesota a Duty to Inform State?
Minnesota requires notification only when specifically asked by law enforcement.
Is Mississippi a Duty to Inform State?
Mississippi does not have a state-level duty to inform law.
Is Missouri a Duty to Inform State?
Missouri law only requires notification to law enforcement if specifically inquired.
Is Montana a Duty to Inform State?
Montana carries no legal requirement to inform law enforcement officers of concealed firearm presence.
Is Nebraska a Duty to Inform State?
Nebraska has an affirmative duty to inform law enforcement when carrying concealed.
Is Nevada a Duty to Inform State?
Nevada law does not require notification unless law enforcement requests it.
Is New Hampshire a Duty to Inform State?
New Hampshire imposes no statutory duty to inform officers of concealed carry status.
Is New Jersey a Duty to Inform State?
New Jersey requires affirmative notification to law enforcement during stops.
Is New Mexico a Duty to Inform State?
New Mexico law does not mandate notification absent officer inquiry.
Is New York a Duty to Inform State?
New York typically does not require notification, but the law may vary by municipality so local laws should be checked.
Is North Carolina a Duty to Inform State?
North Carolina law mandates immediate disclosure of firearm possession during official police encounters.
Is North Dakota a Duty to Inform State?
North Dakota requires notification if carrying without a permit, but not with a permit.
Is Ohio a Duty to Inform State?
Ohio requires notification only when specifically asked by law enforcement.
Is Oklahoma a Duty to Inform State?
Oklahoma mandates disclosure only if law enforcement directly asks about firearm possession.
Is Oregon a Duty to Inform State?
Oregon has no statutory requirement to affirmatively notify law enforcement about concealed carry.
Is Pennsylvania a Duty to Inform State?
Pennsylvania law only requires carriers to disclose if questioned by law enforcement.
Is Rhode Island a Duty to Inform State?
Rhode Island imposes no duty to inform upon carriers or permit holders.
Is South Carolina a Duty to Inform State?
South Carolina law does not currently require a duty to inform unless asked.
Is South Dakota a Duty to Inform State?
South Dakota imposes no statutory obligation to proactively notify law enforcement.
Is Tennessee a Duty to Inform State?
Tennessee law requires disclosure only if law enforcement requests information about firearm possession.
Is Texas a Duty to Inform State?
Texas imposes an affirmative duty to notify law enforcement and present a permit when ID is requested during a stop.
Is Utah a Duty to Inform State?
Utah does not require notification of firearm presence during law enforcement contact unless asked.
Is Vermont a Duty to Inform State?
Vermont has no law requiring notification of firearm possession to officers.
Is Virginia a Duty to Inform State?
Virginia law only requires disclosure if explicitly requested by law enforcement during official contact.
Is Washington a Duty to Inform State?
Washington law requires notification only when specifically asked by a law enforcement officer.
Is Washington D.C. a Duty to Inform State?
Washington D.C. mandates affirmative duty to inform police officers of concealed carry status during encounters.
Is West Virginia a Duty to Inform State?
West Virginia imposes no legal duty to inform law enforcement of concealed weapon possession during stops.
Is Wisconsin a Duty to Inform State?
Wisconsin requires disclosure only if the carrier is explicitly asked by law enforcement.
Is Wyoming a Duty to Inform State?
Wyoming law only requires notification if law enforcement asks about firearm possession
Duty to Inform FAQs
What is the “duty to inform” in concealed carry law?
Duty to inform means a concealed carrier is legally required to notify law enforcement of firearm possession during official police encounters, such as traffic stops, either immediately upon contact or when asked, depending on state law.
Which states require affirmative disclosure of firearm possession without being asked?
States with an explicit duty to inform law include Alaska, Arkansas, Louisiana, Maine (without permit), Michigan, Nebraska, North Carolina, Texas, and Washington DC. In these states, concealed carriers must proactively inform law enforcement during a stop or investigation.
What is the difference between “must inform,” “inform if asked,” and “no duty to inform” states?
“Must inform” states require immediate disclosure during law enforcement contact. “Inform if asked” states mandate disclosure only if a law enforcement officer specifically inquires. “No duty to inform” states have no statutory requirement, although voluntary disclosure is permitted.
What penalties exist for failing to inform law enforcement when required?
Failure to comply with the duty to inform in required states can result in legal penalties, including fines, misdemeanor charges, and possible revocation of concealed carry privileges. Penalties vary by state and the specific nature of the encounter.
When does the duty to inform apply—during all police encounters or only traffic stops?
The duty to inform is triggered by official investigative stops or detentions, such as traffic stops or police investigations. Routine casual interactions do not generally require disclosure unless escalated to an official police inquiry.
Can local jurisdictions have duty to inform requirements different from statewide law?
Some states, notably California and New York, may lack a statewide duty to inform law but allow counties or municipalities to enact their own requirements, so carriers should research local laws before traveling.
Does the duty to inform apply to both permitless and permitted carriers?
In permitless carry states, duty to inform laws may still apply, requiring all legal carriers (regardless of permit status) to disclose firearm possession to law enforcement as directed by state law.
How should a concealed carrier inform an officer during a duty to inform encounter?
Best practice is to keep hands visible, calmly state the presence and location of the firearm, present a valid permit if required, and comply with all law enforcement directions without sudden movements.