Ohio Notify LEO

Ohio Notify LEO

This is a discussion on Ohio Notify LEO within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi Folks, since we aren't required to notify LEO during a traffic stop in WV, I have a question regarding the requirement to notify LEO ...

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Thread: Ohio Notify LEO

  1. #1
    Member Array SteveInWV's Avatar
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    Ohio Notify LEO

    Hi Folks, since we aren't required to notify LEO during a traffic stop in WV, I have a question regarding the requirement to notify LEO in Ohio. I have read and reread the requirements but am still confused.
    If I am the passenger in a vehicle that gets stopped, am I required to notify LEO? Or is the driver required to notify the LEO that the passenger is carrying? Thhis is all assuming that the driver is not a CCW. We have to travel to Cleveland next week and my wife doesn't have a CCW but I do and we will be trading off the driving.
    Thanks!


  2. #2
    Distinguished Member Array Doc Holliday's Avatar
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    Last I checked in Ohio you have to inform if you are carrying in your vehicle regardless if you are the driver or passenger.
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    The law states that you have to notify a police officer during any "official" contact. So if a cop says hello to you at Wally Mart you do not have to notify. Being pulled over at a traffic stop and interacting with an officer during said stop would definitely qualify as "official".
    It is surely true that you can lead a horse to water but you can't make them drink. Nor can you make them grateful for your efforts.

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    I'll defer to SIXTO on this....

    But if you aren't driving, you're not the one getting the citation....IMO, when I've been pulled over, the occupants of the vehicle have not been asked for their ID...
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  5. #5
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    Inform.

    I'll head off the arguement that is coming before it starts.... If you are a passenger when stopped, some will say that it is not an official contact with the passenger, only the driver. In some respects that is true, but the law was written with the intent that the vehicle is being stopped, and everything in said vehicle is subject to that stop. To my knowledge this issue has not played out in a court yet. My advice to you is to not become the test case and just inform and enjoy your trip.
    "Just blame Sixto"

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    Have to agree with SIXTO. No sense in becoming the test case on the law. Even if you win, you lose. Lost legal fees, lost time from work, not to mention the aggravation that you will go through.

    An even better option is both you and the wife stay under the speed limit. No speeding, no stop. Problem solved.
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    Member Array SteveInWV's Avatar
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    Thanks for the input. We don't normally speed, but sometimes things happen and I just wanted to be sure, plus there are other reasons for getting stopped than speeding. I just wanted some clarification because the way the the law reads it keeps referring to "you have official contact", it doesn't address the vehicle or passengers specifically.
    Since when a LEO is addressing the driver, they seem to not like it when the passenger starts talking, would the best course of action be to the the driver inform, or would that be in violation of the law since the person carrying has the duty to inform?
    Seems like a lot of grey area to me. I by no means desire to be the test case, I just want the smoothest interaction should the need arise.

  8. #8
    Distinguished Member Array Doc Holliday's Avatar
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    Quote Originally Posted by archer51 View Post
    An even better option is both you and the wife stay under the speed limit. No speeding, no stop. Problem solved.
    Yeah, Ohio Troopers don't play. I drive from Atlanta to Cleveland a few times a year and they seem to have a pretty good show of force on I-71. I might speed a little in other states, but I don't in Ohio. Plus my Georgia Firearms License is not valid in Ohio and although my firearms are unloaded/cased in the rear of my SUV I would rather avoid any LEO intanglements that might lead to a fishing expedition in said rear of SUV. Ohio Troopers were also very vocally opposed to CCW in Ohio prior to it becoming law which greatly concerns me.
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    Member Array rtroha's Avatar
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    Here's the actual wording of the law:

    If a licensee is the driver or an occupant of a motor vehicle that is stopped as the result of a traffic stop or a stop for another law enforcement purpose and if the licensee is transporting or has a loaded handgun in the motor vehicle at that time...
    http://codes.ohio.gov/orc/2923.126

    I think the phrase " driver or an occupant of a motor vehicle" makes it pretty clear that passengers should inform.

  10. #10
    Member Array SteveInWV's Avatar
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    Thanks rtroha! I did not see that. Everything that I have seen just said "if you are stopped"...
    I agree, that makes it black and white!
    Thanks for the input!

    Quote Originally Posted by rtroha View Post
    Here's the actual wording of the law:



    http://codes.ohio.gov/orc/2923.126

    I think the phrase " driver or an occupant of a motor vehicle" makes it pretty clear that passengers should inform.

  11. #11
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    FWIW,
    I live in Ohio and have an Ohio CCW.
    One of my Son's knows a couple local LEO's. My Son told me when I get pulled over, and the LEO runs my License, the screen background color changes indicating I have a CCW. Not sure about how other States show up.
    I was on my way to work in my company van (not in my name)
    and was pulled over for speeding. The local LEO came up to my window and after informing me of my infraction went back to his car to run my License. He came back with his gun holstered, but with his hand on it, very wary. He asked me if I was carrying and I told him no, it's against company policy. I then asked him if I should have informed him during our initial contact of my having a CCW. He said it didn't matter because he'd find out anyways
    On the flip side, my Son was pulled over in my car and was approached as if he were carrying.
    I know exactly what you mean about Rt. 71. I have to drive from NE Ohio to Cincinnati once per year around Thanksgiving. On average, I see about 5 State Troopers every trip.
    RTBArms1603

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    Distinguished Member Array skysoldier29's Avatar
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    My policy is I tell every LEO I come in contact with that I'm carrying. I figure it will put the officers mind at ease a little bit if I'm up front about carrying and that he doesn't have to wonder about anything walking back up to my car after running a background check.

  13. #13
    New Member Array RTBArms1603's Avatar
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    Quote Originally Posted by skysoldier29 View Post
    My policy is I tell every LEO I come in contact with that I'm carrying. I figure it will put the officers mind at ease a little bit if I'm up front about carrying and that he doesn't have to wonder about anything walking back up to my car after running a background check.
    I completely agree.
    When I'm pulled over (which doesn't happen often), I stop my vehicle, roll down my window, turn on my inside light and park my hands at 10 and 2 o'clock on the steering wheel.
    Upon initial contact, I will declare I have a CCW License and if I'm carrying or not.
    RTBArms1603

  14. #14
    VIP Member Array Eagleks's Avatar
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    I would have my CCL out, with my hand out and hand it to the officer right upfront. It also avoids saying the wrong thing that can get a reaction that you don't want. We do NOT have to "notify" . I was in a situation, not directed at me, but ... was a witness.... and I knew they would want our ID's, so I handed them my DL and CCL.
    He said, "why are you handing me two ? "..... "oh, OOHH < pause > ..... thanks, I appreciate you letting me know that". That was all that was ever said about it, and I was armed.
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  15. #15
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    Quote Originally Posted by Eagleks View Post
    He said, "why are you handing me two ? "..... "oh, OOHH < pause > ..... thanks, I appreciate you letting me know that". That was all that was ever said about it, and I was armed.
    I got a chuckle out of that, because that is pretty close to my typical reaction. Even though its been several years since we got CCW in Ohio, it still catches me off guard from time to time.
    "Just blame Sixto"

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