NO
The short answer is no but that’s not the whole story. First off, let’s get the legalese out of the way and talk about what’s required under the Illinois Firearm Concealed Carry Act, codified at 430 ILCS 66, et. seq. If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee or a non-resident carrying a concealed firearm… upon the request of the officer the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm. 430 ILCS 66/10(h) (emphasis added). Moreover, you also have to disclose the location of the firearm.
That’s the strict letter of the law and it puts the onus on law enforcement to ask you before you have a duty to disclose.
YES
Wait, you already said I don’t have to tell the cops. Didn’t you?
Yes, but the statute says you have to disclose if the officer asks. You also have to produce your concealed carry permit, if you’re an Illinois resident, or if you’re not an Illinois resident: you must, “present upon the request of the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is a non-resident qualified to carry under that subsection…” I’ll cover non-residents carrying concealed in Illinois in another blog post as it gets pretty far afield of this topic.
You also have to keep in mind the following: “During a traffic stop, any passenger within the vehicle who is a licensee or a non-resident carrying under subsection (e) of Section 40 of this Act must comply with the requirements of this subsection (h).” This means that if you’re a passenger in a car that gets pulled over, you have to meet all of the requirements listed above. It doesn’t matter that you’re simply along for the ride. If the officer asks, you have to tell.
MAYBE?
You already told us “no” and “yes”, so are you just trying to confuse us?
No confusion, just a thought to carry forward. Maybe it’s a better idea to tell the officer right away that you’re a concealed carry licensee and that you have a gun?
“But the law says I don’t have to!”
Every time I speak at a concealed carry class, I hear this from at least one of the students. It’s usually followed up by cries of “But muh rights!” While it is absolutely within the law to not tell the officer until requested, I do not see the point in waiting. If you’re driving your vehicle, the officer initiating the stop already knows if you hold a concealed carry permit. When your license plate is run, the officer is given notice that the owner of the vehicle is a concealed carry holder.
Most of the law enforcement personnel I’ve spoken with support lawful concealed carry. But it does raise the stakes for any traffic stop. So, that puts you in a situation where the officer knows the driver is possibly armed before they even approach your vehicle. Telling the officer immediately helps to relax an otherwise tense situation because you’re already showing a willingness to be cooperative and forthcoming.
So, what do you do?
My personal preference is to have my hands on the wheel with my window down before the officer approaches. I tell the officer that I’m a concealed carry holder, that I have a firearm, where the firearm is, and then I ask, “How would you like me to proceed?” When I have been pulled over, this approach has always relaxed the officer and led to a calm, uneventful interaction with law enforcement.
Others have suggested producing their driver’s license, proof of insurance, and their concealed carry license to the officer when they first approach. This is also a completely valid option. Personally, I don’t like to make a lot of movement before the officer approaches since this can be seen as an attempt to hide or conceal something when it’s really not. I’d rather wait for the officer to instruct me on how to proceed from there.
There is no one right answer for how to handle a traffic stop when you’re carrying a concealed firearm. Hopefully, this will give you some insight into your duties here in Illinois. Also, I’d like to hear from everyone on what they do when stopped by law enforcement.
Let me know in the comments below.
I was involved in an accident over the weekend in Chicago. When police arrived at the scene i immediately disclosed i am a ccw holder and my firearms location (right hip). The officer asked for my license and carry license and also asked for my weapon to be de-holstered and handed to him. We were outside our vehicles in the middle of the street when he requested. I responded and said sir I’d feel more comfortable if you’d actually go ahead and disarm me yourself. He didn’t want to do that but his partner chimed in and said just let him hang on to it, as in for me to just leave it on my hip.
I am really surprised the cop wanted me to pull it out right there in front of alll the stopped traffic and pedestrians right in the middle of a busy street. My fear was another responding officer would see me reaching and pull out a gun…. what are your thoughts here? We were in the city of Chicago, CPD on clybourn in Lincoln park
In my opinion, you handled it the right way. I would not want to be drawing my firearm on the side of the road in front of a police officer. It’s way too easy for an action the officer ordered to be misinterpreted by anyone else.
If my status shows active and I have not received my carry concealed license by mail or have the physical card is it still safe to carry my firearm being that my plates and driver license is all associated
You cannot carry a firearm concealed without your concealed carry license on you. To do otherwise would be a violation of the law. See 430 ILCS 66/10(g), which reads:
“A licensee shall possess a license at all times the licensee carries a concealed firearm except:
(1) when the licensee is carrying or possessing a concealed firearm on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission;
(2) when the person is authorized to carry a firearm under Section 24-2 of the Criminal Code of 2012, except subsection (a-5) of that Section; or
(3) when the handgun is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a case.”
I found it weird that a police officer asked for my weapon during a traffic stop today. If you know I legally carry, it should not be an option. That’s just my opinion. My weapon was in my center console, not on me. The fact that he asked me for it didn’t make me feel safe. Remember Philando Castile?
I agree that it’s odd to have an officer ask for you to hand over the firearm during a traffic stop. If the officer wants to take possession of it, then they usually take control of it themselves. It’s too easy for things to go wrong otherwise.