AZ: Department of Transportation adds Armed Driver Guidelines

Gun Watch ^ | 25 July, 2017 | Dean Weingarten

[marktwain]

Image from https://aztroopers.org/

The Arizona Department of Transportation has added a section to its drivers manual suggesting the proper behavior for an armed driver, when stopped by police. The change was prompted by the tragic Philando Castile case.

From fox10phoenix.com, the manual change was requested by Democratic state Representative Reginald Bolding, from District 27. District 27 is a solidly Democrat stronghold in South Phoenix. Bolding was elected in 2014 and re-elected in 2016. 

From azdot.gov , page 57 of the Drivers License Manuel :

▪
Inform the officer of any weapons on
your person or in the vehicle.

In addition to the guidelines above, drivers
with firearms in the vehicle should keep
your hands on the steering wheel in a visible
location and when the officer approaches
let them know that you have a firearm in the
vehicle and where the firearm is located. If
requested, the officer may take possession
of the weapon, for safety reasons, until the
contact is complete.

Arizona law does not require that people carrying concealed weapons notify police, but it requires that people carrying a concealed deadly weapon answer truthfully if asked by police if they are carrying . If the officer does not ask, a person who is carrying a concealed weapon is not obligated to tell the officer they are armed.

From azleg.gov 13-3102:

A. A person commits misconduct involving weapons by knowingly:

1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:

(a) In the furtherance of a serious offense as defined in section 13-706, a violent crime as defined in section 13-901.03 or any other felony offense; or (b) When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon;

If the driver has a concealed carry permit, an alternative is to hand the officer the permit along with the driver's license. Then the officer will be responding to the positive information of "concealed carry permit holder", instead of "armed driver".

If you do not have a permit, use a positive phrase.  Many officers have been trained to react negatively to the word "gun".  Telling the officer that you are "legally armed" is better than saying "I have a gun".

The perception of concealed carry permit holders changed considerably in 1999 when  permit holder Rory Vertigan captured a cop killer with his legally carried Glock pistol. Police called Vertigan a hero and donated money for him to buy a new Glock while his was impounded as evidence. More recently, an armed citizen is credited with saving Arizona State Trooper, Edward Anderson.

There are numerous stories of people with concealed carry permits seeing a positive change in police attitudes when the police were informed the person stopped had a permit.

The acknowledgment in the DOT drivers manual that many drivers are legally armed is a sign of the normalization of armed citizens.

The tragic circumstances of the Philando Castile case will be cited for and against the advisability of notifying officers if you are armed. In some states, the notification is required by law. In others, it is conditional, depending on whether the officer asks or not. In other states, no notification is necessary.

Minnestota law is similar to that of Arizona. Castile was not required to notify the officer that he was armed until asked. The shooting of Castile might have been avoided if he had not volunteered that he was armed, or if he had kept his hands on the dash while waiting for the officers instructions.


©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

[marktwain]

The Department of Transportation does not make law, so the guidelines are just suggestions.

[yarddog]

If I am going about my business, not harming anyone, my weapon is no danger at all to the police and I resent like Hell, the government assuming it is.

[discostu]

They don’t know that though. Really the problem comes when it’s a “surprise” gun. I almost got killed when we got stopped and I forgot there was a gun at my feet (rear seat passenger), then I kicked it on accident, which drew the cop’s attention, which made him freak out, and there was a lot of yelling and a lot of me keeping my hands where he could see them and eventually all was calm. It’s way better for everybody if everybody is on the same page and there are no surprises, recent evens in PA not withstanding.

[RC one]

How many examples are there of lawful concealed carry permit holders murdering cops during routine traffic stops? zero maybe? Now how many examples are there of cops murdering lawful concealed carry permit holders during routine traffic stops? more than zero for sure. Duty to inform laws basically address a problem that doesn’t exist and they basically do not increase the safety of LEOs in the least. If I have a gun on me and I’m the sort of person that would kill a cop, firstly, I’m not going to inform that cop of anything. I’m just going to pull the gun out and start shooting and, secondly, if I am such a person, it is highly unlikely that I submitted to the background check for the weapon or the permit to carry it concealed so, again, duty to inform laws address a problem that doesn’t exist and, in so doing, do nothing to promote officer safety.

[yarddog]

That is the whole point with cops going crazy because they see a gun.

[discostu]

Well they’re big problem right now is going crazy when there isn’t even a gun to see. But generally speaking lines of communication and keeping everybody informed and calm is the way to go. Long before the current wave of kerfuffle began I was taught if pulled over with a gun in the passenger compartment tell the cop and follow instructions. When I have practiced that everything went smoothly and the cop thanked me. When I didn’t things got hairy, because he didn’t know. Remember traffic stops are right after domestic disputes as far as danger to the cop is concerned, so on some level they’re walking up to your car wondering if today is the day they get killed. So telling them there’s a gun and asking how they wish to proceed is your way of saying “not this stop”, as opposed to them suddenly seeing a gun which makes them freak out. I’ve had multiple encounters with cops where I was armed (including when I was looking for the SOB that stole my bike) and I can the first difference between the ones that went well and the one that got a little scary was talking.

[yarddog]

My Sunday School teacher back around 1960 was a Florida Highway Patrolman.

We asked him one time how to carry a gun n a car. He told us then also said if he stopped someone who was carrying a gun improperly, he would simply tell them the proper way to carry it.

Then he added, that is if they are not causing a problem otherwise. Back then they did not automatically shoot a kid holding a water pistol or BB gun.

[Tucsonican]

I got pulled over near Casa Grande last month. When the cop approached I just let him explain why he stopped me. When he asked for my DL I informed him that I had a 1911 on my right hip and would need to reach in that area for the DL. He took a few seconds to process everything but, since I wasn’t moving, he chilled out pretty quick. While he did ask to secure the pistol as he finished the stop he was cool with everything and I don’t think he even unholstered the gun.

It’s common sense. Treat the cop with the same respect you’d want him to treat you with and nobody dies.

[raybbr]

If requested, the officer may take possession of the weapon, for safety reasons, until the contact is complete.

Under what thought process is this right? How does a cop get to simply disarm a citizen when there is no crime being committed?

[marktwain]

The Supreme Court made a ruling on this exact subject.

They wrote that an officer may disarm suspects during a “Terry Stop”.

There has to be some reasonably articulable suspicion of a crime.

A traffic stop is not supposed to even happen unless the officer can articulate a reasonable suspicion of a law being broken.

[martinidon]

wait, I have a concealed Carry Permit in Arizona and that was I was taught in the required training to get my permit. So what has changed? Philandro would be alive today had he kept both hands on the steering wheel.

[ALongRoadAhead]

I used to wonder why at least two gun-owning uncles did a little ‘interior customization’ on the cars they used the most. Let’s just say I don’t now that I’m older and wiser.

[riverrunner]

Keeping his hands on the steering wheel would have been hard because he was the passenger.

[martinidon]

Philandro was driving, the video is reversed but he was driving.

[riverrunner]

No he was not driving that the video was reversed is wrong go to the dash cam version and you well see.

[GailA]

My CCW class was conducted by 2 retired LEOS who own a gun range, they said by the time your Plate is run, the officer pulling you over knows you Carry. So Put your hands on the steering wheel in plain sight. Tell the officer each move if you have your Carry piece, and tell them what moves you will make to comply with their orders, and move slow. Never had a issue following that advice. Just commonsense.