If you carry, the most common run-in you’ll have with law enforcement is a routine traffic stop – not a dramatic encounter, just a taillight, a turn signal, or a little too much speed.
That’s exactly why defense attorneys Richard Hayes and Edwin Walker of Armed Attorneys walk through the “perfect” stop from a gun owner’s perspective: how to prepare, what to say, what not to do, and how to preserve your rights without turning a curbside chat into a courtroom brawl.
Their starting point is simple: plan ahead. The best traffic stop is the one you prepped for before the red-and-blues ever flash.
Pre-stop prep: legality, layout, and paperwork
Hayes’s first filter is non-negotiable: be lawful. Know your state’s carry scheme (permitless, licensed, or restricted), where the gun may ride in a vehicle, and whether you owe officers a duty to inform if you’re armed.
Laws here vary wildly by state.
Walker adds an underrated tip: don’t store your ID and insurance where your gun lives.
If your driver’s license and proof of insurance are in the glove box next to a firearm, you’ve set yourself up for the most awkward sentence in traffic-stop history: “Officer, my license is right next to my handgun.”
A smarter layout? Keep your documents and carry gear in separate, predictable places.
Hayes says he stacks his driver’s license, carry permit, and insurance card in a single slot in his wallet – one motion, all three items.
My take: This is the kind of small decision that prevents big misunderstandings.
Reaching anywhere near a gun during an officer approach is how minor stops spiral.
The stop itself: pull over promptly, position the scene
Both attorneys stress the first safe opportunity to pull over—do it. As a former prosecutor, Walker notes that long delays read like you’re hiding contraband or buying time.
If there’s a nearby parking lot, use it. It’s safer for everyone and reduces roadside tension.
Nighttime? Flip on the dome light, roll the window down, and plant your hands on the wheel at 10 and 2. Calm, visible, and predictable beats everything else.
Hayes’s rule of thumb: if you can retrieve required documents before the officer is out of their cruiser – do it. If the officer is already walking up, do not go fishing in glove boxes, center consoles, or bags.
Keep your hands still and explain before you move.
What To Say (And What Not To)
When the officer arrives, Walker’s script is classic: “Is there a problem, officer?” You’re asking for the reason for the stop without volunteering confessions.
Expect the old “Do you know why I pulled you over?” It’s designed to get you to admit the violation. Keep answers neutral and non-incriminating. Provide the minimum legally required information (license, insurance, registration, and, where applicable, your carry permit).
Hayes is candid about the tradeoff: being tight-lipped preserves rights but may annoy the officer; being overly chatty might get you a warning but risks self-incrimination. Choose deliberately, not emotionally.
Think “polite and boring.” The entire encounter is being recorded. Ask yourself how your tone and words will look to a jury on video. You want to be the calm adult in the room.
The Notification Question: Do You Tell Them You’re Armed?
This turns on state law. Some states require immediate notification if you’re carrying; others require disclosure only if asked; some, like Texas, have vestigial rules that lack teeth after reforms, as Walker explains in his quick history lesson.
Practically, Hayes notes that an officer’s in-car terminal often shows if you’re a license holder anyway. In his experience, proactively and calmly saying “I’m carrying a firearm today” (not “I have a gun!”) either has no effect or can even be positive, especially when paired with a valid permit.
If you disclose, expect the follow-up: “Where is it?” Use simple, neutral phrasing (“It’s on my right hip,” “It’s in a holster in the console”) and don’t reach until you’re instructed.
If The Officer Wants To Disarm You (And Why Courts Allow It)
What if the officer says, “Step out, I’m going to secure the firearm”? Hayes and Walker point to the judiciary’s evergreen rationale: officer safety. Courts routinely uphold temporary disarmament during a lawful stop.
The playbook here is to stay calm and follow instructions. If you’re moved or patted down, keep your hands visible and movements slow. The courtroom – not the shoulder of a highway – is where you challenge overreach.
At the end of the stop, your property should be returned if there’s no arrest. Walker adds a subtle but critical point: request that it be returned in the condition it was taken (mag in, round status as found). That avoids the dangerous optics of you “reloading” roadside.
The Big Line You Shouldn’t Cross: Consent To Search
Here’s where the lawyers get emphatic: do not consent to a vehicle search.
Hayes explains the legal trap – consent cures a multitude of constitutional problems.
If you voluntarily say yes, even a shaky search becomes admissible. Walker notes you also don’t know what a previous passenger may have left in a seat pocket or under a mat. Don’t gamble.
If asked, use the clean phrase: “No, officer. I don’t consent to any searches.”
Could they search anyway? Yes – under well-known exceptions (probable cause, plain smell, inventory after arrest, etc.). But by withholding consent, you preserve Fourth Amendment arguments for court.
Bonus point from Walker: Even drug dog delays have limits. If officers extend a stop unreasonably just to find a K-9, suppression may be on the table. You don’t need to litigate that curbside. Your clear, calm refusal is enough.
Smart, Safe Mechanics: Movement, Words, And Demeanor
Hayes and Walker emphasize visible hands, slow movements, and plain language. Avoid loaded phrases (“I have a gun”) and avoid sudden reaches.
If the officer asks you to retrieve documents while your firearm is near them, narrate and ask permission: “My registration is in the glove box, and there’s a holstered firearm in that compartment. How would you like me to proceed?”
My take: Narration is de-escalation. You’re signaling you’re not a threat and giving the officer control over the sequence. That tends to lower the temperature—and the risk.
The Endgame: Ticket, Warning, And Getting Your Gun Back
Most stops end without drama. Many officers, as Hayes notes, will simply say: “Don’t reach for the firearm and we won’t have any problems.”
If you were disarmed, the gun should be returned if there’s no arrest. If an officer tries odd arrangements (“Pop the trunk; I’ll place it inside and close it”), be mindful that you’re not consenting to a broader search. Keep the boundary lines clear and polite.
If rights were violated, document everything immediately after the stop – time, location, badge numbers, words used, where the gun was, how it was handled. That record becomes your attorney’s best friend.
Here is a quick checklist you can actually use
- Know your state’s notification law and vehicle carry rules.
- Separate your firearm from your license/insurance.
- Pull over promptly at the first safe spot; parking lot beats shoulder.
- Hands at 10 and 2, window down, dome light on at night.
- Speak calmly; avoid admissions. Ask for the reason for the stop.
- If disclosing, say “I’m carrying a firearm” and don’t move until instructed.
- Do not consent to any searches. Use the exact phrase once, clearly.
- If disarmed, ask that your firearm be returned in its original state.
- Fight in court, not roadside. Let the video show you were reasonable.
Richard Hayes and Edwin Walker aren’t teaching you to “win” against an officer; they’re teaching you how to get home safely and win later if your rights were crossed.
Be legal, be boring, be clear, and be firm where it counts – especially on searches and sudden movements around a firearm.
In their words and experience, that combination is how armed citizens minimize risk, preserve defenses, and avoid turning a minor stop into a major problem.
UP NEXT: “Heavily Armed” — See Which States Are The Most Strapped
Image Credit: Survival World
Americans have long debated the role of firearms, but one thing is sure — some states are far more armed than others. See where your state ranks in this new report on firearm ownership across the U.S.
Mark grew up in the heart of Texas, where tornadoes and extreme weather were a part of life. His early experiences sparked a fascination with emergency preparedness and homesteading. A father of three, Mark is dedicated to teaching families how to be self-sufficient, with a focus on food storage, DIY projects, and energy independence. His writing empowers everyday people to take small steps toward greater self-reliance without feeling overwhelmed.
