Fairfax, VA asked in Civil Rights and Constitutional Law for Virginia

Q: Is it legal for a police officer to ask if I have any weapons on me when I'm carrying a concealed carry permit?

and if I'm doing nothing wrong? Am I allowed not to answer?

1 Lawyer Answer
Brian S Szmak
Brian S Szmak
  • Criminal Law Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: It is absolutely legal for an Officer to ask you if you have any weapons on you.

If you have a CHP in Virginia, there is no affirmative obligation to inform an Officer that you are carrying a concealed weapon. You are obligated to provide your CHP & Photo ID if asked, though.

If you are asked whether you have a firearm on you, your choices are: Refuse to Answer, Answer Honestly, and Lie to a Police Officer. Of those, assuming you have a license to carry a lawfully possessed firearm, answering honestly is probably the best bet. The other options will likely just lead to a search of your person for weapons, and an unhappy police officer.

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