How to Notify a Wildlife Officer of a Concealed Weapon

September 4, 2014

Question: A while back I was fly fishing for steelhead on the Klamath River. While on the river I was approached by a boat of wildlife officers and asked to present my fishing license and steelhead punch card, and to show that my flies were not barbed. All was good and the officers were very friendly and professional.

At the time, I was also carrying a concealed, unloaded pistol (with rounds in the magazine but not chamber) in my fishing vest (as allowed under California Penal Code, section 25640). I was not asked by the oficers whether I was carrying any firearms, nor did I disclose that I was. I do not have a concealed carry weapon permit, but do carry concealed in accordance with PC 25640.

Here are my questions:

1.   Am I required by law to notify the officers that I am carrying a concealed weapon when stopped?

2.   If I am required by law to notify an officer of a concealed weapon, is there a preferable way for me to do so (e.g., immediately upon engagement)?

3.   If I am not required to notify the warden(s) of my concealed firearm, is it just smart, regardless of the law, to do so anyway?

I have a lot of respect for California Department of Fish and Wildlife (CDFW) officers and appreciate the important work they do. Thank you. (J. Wellington)

Answer: Although it is not required by law, it is always a good practice to notify any law enforcement officer verbally that you are carrying a firearm. This should be done with your hands visible. Tell the officer where the firearm is located and understand that the officer will likely remove it from you during the contact and return it to you when the contact is over. Never make any movement toward the firearm and never conceal your hands.

Interesting ? and answer.
? if there is not a law saying I must notify officer when aproached, what law allows him to remove my weapon??

 

Interesting ? and answer.
? if there is not a law saying I must notify officer when approached, what law allows him to remove my weapon??

It's just good practice and good manners.  If you don't disclose you are armed and he inadvertently happens to catch a glimpse of your firearm, heart rates rise and things could escalate.  I hold a CCW and will ALWAYS advise an officer I'm carrying and it's location.  If he wants to hold on to my pistol until our discussion is over that is perfectly fine by me.  It's for both of our benefit.

LEOs are trained to read people and can almost always recognize when someone is hiding something.  If he/she catches that feeling and then a gun is introduced, well you can image a possible outcome.

Common sense should always prevail over what is written law.

I'm in the Coast Guard and when we're doing boardings the first question we ask all boaters is "Without reaching for or touching, do you have any weapons onboard?" If they do, we'll go to the weapon and down load it to make sure everyone's safe.

With some of the other comments posted. I concur, that it's much easier to tell the officer that you are carrying.

Whenever you contact LEO always let them know if you are carrying. That's part of responsible carry.

Always let them know... Never reach toward it unless asked... think of his and your family.... He/they will give you respect for notifying them. I have never been asked to relinquish, or show it by DFW.... They know some to most fisherman in rough areas pack...

Interesting ? and answer.
? if there is not a law saying I must notify officer when aproached, what law allows him to remove my weapon??

Terry v. Ohio gives the Officer the authority to conduct a "pat search" for weapons.  Since you're fishing, you're participating in a regulated activity where an LEO can legally detain you to inspect your license, gear, etc. 

As part of the detention, they have reasonable suspicion to conduct a search for weapons for their safety and the safety of the public.  Along with that search, they have the authority to remove the weapon from your control until the contact is concluded. 

As some have stated, sometimes they'll just ask you not to make movements toward the weapon, other times they might remove it, other times they might not even ask or search.