If you’re a lawful gun owner in Indiana, a simple traffic stop can get complicated fast. Maybe you were driving home late. Maybe you rolled a stop sign or drifted over the center line. Nothing major, until the red and blue lights appear behind you.

The officer walks up, seems polite enough, and then asks to “secure your firearm.” A moment later, he’s asking questions that have nothing to do with the reason for the stop. He mentions a “quick search” of your vehicle.

This is where people make mistakes.
And some of those mistakes lead directly to handcuffs.

At the Marc Lopez Law Firm, we help good people who find themselves in bad situations. Traffic stops involving firearms create stress, confusion, and if handled poorly, criminal charges. This article explains what officers can legally do, what you should avoid doing, and how to protect your rights every step of the way.

What Police Can Do During a Traffic Stop

Police Can Secure Your Firearm, and the Legal Standard Is Very Low

Many gun owners assume: “This is America you can’t take my gun.”
But under the law, officers can secure your firearm during a traffic stop if they believe you may be dangerous.

That threshold is extremely low.

Courts have approved “danger” determinations based on:

• “Excessive nervousness”
  
• Odd clothing choices (like wearing a coat in the summer)
• Confusing or inconsistent answers
• Evasive behavior or refusing to answer questions
• Time of day
• A “high crime area”
• Suspicious movements or “bulges”

You might think these reasons sound ridiculous. You might even be right. But the courts have accepted them, and officers know it.

So what should you do if an officer asks to secure your firearm?

Comply.
Arguing will only escalate the situation and increase your risk of arrest.

Know Your State’s Disclosure Rules

Across the country, states fall into three categories when it comes to telling an officer you’re armed:

1. Duty-to-Disclose States

You must tell the officer you have a firearm as soon as they approach.

2. Must-Answer-If-Asked States

If the officer asks whether you have a firearm, you must answer truthfully.

3. No-Disclosure States (like Indiana)

You are not required to answer even if asked, but you cannot lie.

In non disclosure states, such as Indiana, you may simply say:

“I plead the Fifth.”

This is completely lawful and protects your rights and keeps you from volunteering information that can be used against you later.

What You Should Never Do With a Firearm During a Stop

Never Touch Your Weapon Around an Officer

This rule is non-negotiable.

Even if the officer asks you to hand it to them, the safest response is:

“Officer, the weapon is [in the glovebox/on my hip/in the console]. You’re welcome to retrieve it, but I’m not going to touch it.”

If an officer sees you holding a firearm, even legally, things can spiral out of control instantly. Courts routinely side with officers when they take aggressive action in the name of “officer safety.” Don’t take that risk.

The same applies at the end of the stop. If you’re getting your firearm back, politely say:

“Officer, can you place it on the passenger seat or back seat? I’ll secure it after you leave.”

Again, never handle a gun in an officer’s presence.

Your Rights During a Traffic Stop

Firearm or not, the basic rules of a traffic stop don’t change. In many states, including Indiana officers are allowed to ask for:

• Your name
  
• Your address
• Your date of birth
• Your driver’s license

You must provide that information. After that, the officer is going to ask questions designed to extend the stop, build suspicion, or search for evidence.

This is where you protect yourself by saying as little as possible.

Use These Phrases — Calmly, Politely, Every Time

“I plead the Fifth.”
“I don’t consent to searches.”
“I want an attorney.”
“Am I free to leave?”

That’s it.
You don’t explain.
You don’t debate.
You don’t apologize.

This isn’t being rude.
It’s exercising your constitutional rights.

Why You Shouldn’t Answer “What’s in the Vehicle?” Questions

An officer’s favorite line is:

“There’s nothing illegal in the vehicle, right?”

If you answer “No,” you’ve just told the officer you know exactly what’s in your car. That is something no one can honestly claim.

Think about it:

• Has anyone else ever driven your car?
  
• Has a friend ridden with you?
• Does your car sit unattended in a parking lot while you’re at work?

You can’t know with 100% certainty what’s in your car. Don’t make statements you can’t back up.

When the officer asks:

“Anything illegal in the vehicle?”

Your answer should be:

“I plead the Fifth.”

Do Not Consent to a Search — Even If You “Have Nothing to Hide”

When officers don’t have enough to justify obtaining a search warrant, they try to get your consent. It usually sounds like this:

“Mind if I take a quick look?”

Your answer:

“I don’t consent to searches.”

This is simple.
Lawful.
And absolutely necessary.

If officers had the legal authority to search, they wouldn’t ask. They ask because they want you to give up your rights voluntarily.

And remember, across the country consent searches lead to criminal charges every day. Even honest, law-abiding people get blindsided.

Don’t Let the Officer Extend the Stop

Police cannot prolong a traffic stop unless they have reasonable suspicion of another crime.

Asking:

“Am I free to leave?”

…is your reminder to the officer that the clock is ticking.

Use this phrase:

• After you receive the ticket; or
  
• Anytime an officer starts asking unrelated questions

If you’re not free to leave, the officer must justify the continued detention. If they can’t, anything they uncover may be challengeable in court.

Retrieving Your Firearm at the End of the Stop

When the stop is wrapping up, politely request:

“Officer, will you please retrieve my weapon so I can be on my way?”

Then repeat your earlier instruction:

“Please place it on the seat. I’ll secure it after you leave.”

Do not let the officer hand it directly to you.
Do not touch it until the patrol car is moving away.

This protects both you and the officer, and prevents misunderstandings that could turn dangerous.

What a Firearm Doesn’t Do During a Stop

Carrying a firearm does not eliminate your constitutional rights.

You still have:

• The right to remain silent
• The right to refuse consent
• The right to be free from unreasonable searches
• The right to request an attorney

The presence of a firearm may raise tension, but it does not erase your protections. Officers may legally secure the weapon, but they cannot use it as a reason to search your car, interrogate you, or keep you longer than necessary.

Why Staying Silent Protects You

Exercising the Fifth Amendment protects innocent people from being “ensnared by ambiguous circumstances.”

When you talk, you create evidence.
When you stay silent, you protect yourself.

This applies even when you know you’ve done nothing wrong. A calm, consistent use of:

“I plead the Fifth.”
“I don’t consent to searches.”
“I want an attorney.”

…is often enough to prevent a bad stop from getting worse.

What To Do If the Stop Ends in Arrest

If you’re charged with:

• Possession of a firearm without a license
• Carrying a handgun as a prohibited person
• Resisting law enforcement
• Possession of marijuana or other contraband
• Operating while intoxicated
• Any felony or misdemeanor uncovered during the stop

…your next call should be to a criminal defense firm that understands Indiana law and fights for ordinary people every day.

Police officers are trained to look for evidence of a crime.
The Marc Lopez Law Firm is trained to defend you from criminal accusations.

Even if the case seems minor, a conviction creates a permanent record that can impact:

• Employment
• Licensing
• Housing
• Gun rights
• Future background checks
  

You don’t need to deal with the criminal justice system alone. 

Make the Right Call

If you’re an Indiana gun owner who was pulled over, questioned, searched, or arrested during a traffic stop, you need guidance you can trust. The attorneys at the Marc Lopez Law Firm help Hoosiers every day who find themselves facing criminal charges after routine encounters with law enforcement.

Don’t wait.
Don’t guess.
Don’t talk to the police without counsel.

Call 317-632-3642 to talk with a lawyer today. We know we can help.

And above all—Always plead the Fifth.