"must notify" states - Page 4

"must notify" states

This is a discussion on "must notify" states within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by targus So, you NEVER walk out of the house with your wallet and don't carry for whatever reason? Or you actually take ...

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Thread: "must notify" states

  1. #46
    VIP Member Array Eagleks's Avatar
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    Quote Originally Posted by targus View Post
    So, you NEVER walk out of the house with your wallet and don't carry for whatever reason? Or you actually take your permit out of your wallet every single time you're not carrying, thereby risking forgetting it when you do carry?

    What about military members or civilians (with their wallets, of course) who work on government installations and secure facilities who can NOT even have a firearm in their vehicle because they risk some pretty serious repercussions if they get caught? They randomly search vehicles, you know...

    Are the many, many thousands of people in that category genuinely and "purely stupid", as you say, because they're not carrying and have their permits in their wallets, purses, etc?
    You just flew right by the whole point, or didn't read the previous posts.... that said they must "show a license" to any police officer ... even if they aren't carrying at the time. Making a law like that , is purely STUPID and makes no sense at all !!! IF you are NOT carrying, why would you need to notify and show them your license ??? Explain that one to me and how that makes any sense at all.


  2. #47
    Distinguished Member Array SubNine's Avatar
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    If it wasn't already listed Alaska is one too.
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  3. #48
    Ex Member Array targus's Avatar
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    Quote Originally Posted by Eagleks View Post
    IF you are NOT carrying, why would you need to notify and show them your license ???
    Because some states have the permit info/number linked to the driver's license database and it's a REQUIREMENT to notify under all circumstances?

    Is it then "stupid", as you said, to inform the officer, even though you aren't carrying, before they find out you have a permit to AVOID whatever penalties exist for NOT notifying beforehand? They'll see it anyway when/if they pull you over and run your DL number. Now, if they see you have a permit and you did NOT notify? How in the heck are they supposed to know you aren't carrying at that point? If anything, it looks like you are trying to hide something so don't be surprised if they elevate their "threat status". They will, by and large, assume there's a gun on you or very close by at that point...even if there isn't... Right or wrong? Whatever...it is what it is...

  4. #49
    Member Array mrjam2jab's Avatar
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    Quote Originally Posted by targus View Post
    Because some states have the permit info/number linked to the driver's license database and it's a REQUIREMENT to notify under all circumstances?

    Is it then "stupid", as you said, to inform the officer, even though you aren't carrying, before they find out you have a permit to AVOID whatever penalties exist for NOT notifying beforehand? They'll see it anyway when/if they pull you over and run your DL number. Now, if they see you have a permit and you did NOT notify? How in the heck are they supposed to know you aren't carrying at that point? If anything, it looks like you are trying to hide something so don't be surprised if they elevate their "threat status". They will, by and large, assume there's a gun on you or very close by at that point...even if there isn't... Right or wrong? Whatever...it is what it is...

    but we have yet to find a state that requires a person to notify LEO that they have a license if no handgun is present. It doesn't matter if LEO in some states can find out you have a license when they run your DL, if you do not have a handgun in the vehicle you can not be charged with failure to notify.

  5. #50
    Ex Member Array targus's Avatar
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    Quote Originally Posted by mrjam2jab View Post
    but we have yet to find a state that requires a person to notify LEO that they have a license if no handgun is present. It doesn't matter if LEO in some states can find out you have a license when they run your DL, if you do not have a handgun in the vehicle you can not be charged with failure to notify.
    Then someone needs to inform Eagleks because he sure seems to think so.

  6. #51
    Member Array rks2's Avatar
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    In Texas, we are not require to notify if not carry but its good idea to notify both licenses. It will save your time and avoid LEO's anxious if he finds in the system. Simple!
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  7. #52
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    Quote Originally Posted by SGT Jensen View Post
    Recommended by who?
    The Utah BCI recommends it, along with most officers I know.

    Quoted for BCI website

    If I get stopped by a police officer, do I, as a permit holder, have to tell the officer that I have a gun in my possession?

    Although there is no legal requirement to identify yourself to a law enforcement officer, it is recommended to do so.

    If an officer finds or sees a gun on your person during their contact with you, and you have not identified yourself as a permit holder in legal possession of a firearm, the officer must assume you are carrying the gun illegally and will take defensive action. For the safety of all involved, it is better to immediately identify yourself to the officer as a permit holder in possession of a handgun. This action gives the officer some assurance they are most likely dealing with a law abiding citizen.

    I'm not in complete agreement with the above statement, but I understand why they say it.
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  8. #53
    Member Array mrjam2jab's Avatar
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    Quote Originally Posted by sigmanluke View Post
    The Utah BCI recommends it, along with most officers I know.

    Quoted for BCI website

    If I get stopped by a police officer, do I, as a permit holder, have to tell the officer that I have a gun in my possession?

    Although there is no legal requirement to identify yourself to a law enforcement officer, it is recommended to do so.

    If an officer finds or sees a gun on your person during their contact with you, and you have not identified yourself as a permit holder in legal possession of a firearm, the officer must assume you are carrying the gun illegally and will take defensive action. For the safety of all involved, it is better to immediately identify yourself to the officer as a permit holder in possession of a handgun. This action gives the officer some assurance they are most likely dealing with a law abiding citizen.

    I'm not in complete agreement with the above statement, but I understand why they say it.

    So much for innocent until proven guilty...

  9. #54
    VIP Member Array KenpoTex's Avatar
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    CCW instructors and cops are [unfortunately] not the greatest sources of legal information. You owe it to yourself to find out exactly what the law states. This is a fairly simple proposition these days given that most statutes can be accessed online.

    As we have seen in this thread, there are a few people who have an incorrect understanding of the laws in their states. A situation that could be remedied with a google search (to find your state's statutes) and a few minutes of reading.

    Quote Originally Posted by svgheartland View Post
    I'm happy that so much knowledge can be gained by surfing the internet. Almost as good as reading the daily paper. I recommend that you allow someone to pull legalish pdf's off of the internet and tell you how to conduct your life, in your own state, without doing your own homework and without concern. If you've been admonished for being incorrect, then you must be incorrect. Certainly accept the word from someone 400-500 miles away. It only seems reasonable.
    If you disagree with what has been posted in response to your original claim, why not post a link to the relevant portion of your state statutes?...
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  10. #55
    VIP Member Array Eagleks's Avatar
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    Quote Originally Posted by targus View Post
    Then someone needs to inform Eagleks because he sure seems to think so.
    Read the previous posts... where people said their states require them to notify an LEO even if they did NOT have a gun on them or with them ... that they have a license.

    That's what I'm saying is a "stupid" law if that is true. That's my opinion. Period !

    Our law in Kansas does NOT require you to tell an LEO that you have a license or are carrying ..... unless they ask if you have a gun on you. Period. You DO NOT have to NOTIFY upfront that info even if you are carrying a gun. There have been no issues with it at all.

    So, if they run a check of our DL they will know we have a permit. There is NO PENALTY here for not notifying them of it upfront. If they don't ask us anything at that point, even if we have a gun on us, we have no obligation to tell them one way or the other. Only if they ask.

    I've been around many an LEO and some knew I was carrying.... and never asked to see a license. I've been stopped, and when he ran the check he knew I had a license, but never asked, and I never volunteered it either. It was a NON-ISSUE.

    IF they run a check and see you have a license, so what if you are carrying ? It's legal, it's a non-issue.... because if you weren't law abiding... you better not have the license in the first place.

  11. #56
    Member Array Skysoldier's Avatar
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    Its not required if your not carring but its a REAL good idea anyway. It shows up when they run your plates.

  12. #57
    VIP Member Array Majorlk's Avatar
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    Quote Originally Posted by Skysoldier View Post
    Its not required if your not carring but its a REAL good idea anyway. It shows up when they run your plates.
    Be careful of making such blankets statements. That might happen in your state, but certainly not in mine or many other states.
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  13. #58
    New Member Array TXhypno's Avatar
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    Texas does NOT require you to notify unless the peace officer "demands" identification whether you are carrying or not.

    GC 411.205: If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license ore identification certificate issued by the department and the license holder's handgun license.

  14. #59
    New Member Array bigtexan's Avatar
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    N.C. requirement to inform

    Quote Originally Posted by svgheartland View Post
    North Carolina you must notify either way
    Not according to the laws of North Carolina, which state:

    "Any individual who has applied for and has been issued a concealed handgun permit must follow certain regulations concerning its use. Not only must the individual carry the permit along with proper identification whenever the handgun is being carried concealed [my emphasis], but he/she must also inform any law enforcement officer who approaches him/her that he/she is in possession of a permit and a concealed handgun [my emphasis]."

    N.C. Gen. Stat. 14-415.11(a)

  15. #60
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    I will say that there is a lack of consistancy between what you will hear from an instructor, what you hear from LEO's and what you can read in our statutes. I've got a hard copy, somewhere, of a statute that says you are not to hand your permit to an LEO unless/until requested. How nuts is that? I've also been informed (by 3 LEO's, different jurisdictions) that our posted laws are outdated. Again, how nuts.....somebody must be wrong.
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