What exactly does "must inform officer" mean?

This is a discussion on What exactly does "must inform officer" mean? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by ldmtulsa In Oklahoma, you must inform on your initial contact with any LEO. Just to clarify, Oklahoma has the same sort of ...

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Thread: What exactly does "must inform officer" mean?

  1. #16
    Member Array gruntingfrog's Avatar
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    Quote Originally Posted by ldmtulsa View Post
    In Oklahoma, you must inform on your initial contact with any LEO.
    Just to clarify, Oklahoma has the same sort of "official business" requirement as Texas although the definition of what constitutes official business is slightly different. This means if you stop to ask a police officer for directions, for example, you don't have to inform*.

    *That would probably be creepy anyway: "Excuse me officer. I'm a CHL holder and currently carrying on my person. Do you know how to get to the Chuck E. Cheese?"

    TITLE 21 1290.8. Possession of License Required-Notification to Police of Gun
    A. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop.
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  3. #17
    Member Array merlin82plus's Avatar
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    Link to SC "must inform" thread

    Car carry in SC and "must inform"

  4. #18
    VIP Member Array JDE101's Avatar
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    Ohio is a "must inform" state, and it applies to "official contact", such as a traffic stop, etc., with a LEO. If you have a CHL and you are carrying, you must inform the officer. If you are NOT carrying, you do not have to say anything. However, since your status as a CHL holder pops up on the officer's computer, it is advised to inform the officer that you have a CHL but are not carrying at the time. Just as a courtesy. My wife, who has her CHL, and her sister-in-law were driving to the airport a couple of weeks ago to pick up my brother-in-law. It was night, they missed a turn, and pulled a U-turn. They got stopped by a local LEO for the illegal U-turn. My wife rolled down her window, turned off the car, and sat with both hands on the steering wheel in plain sight. When the officer came up to her, she informed him she was licensed to carry, but was NOT carrying at that time. She explained where they were going and that they had missed their turn. He thanked her for informing him, examined her drivers license, and sent her on her way with a verbal warning. No fuss no muss. Good encounter, and I'm sure the CHL helped her avoid a ticket.
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  5. #19
    Member Array jmiked's Avatar
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    AZ, is a "No Duty to Inform" state but, every Cop I know (quite a few) view it as a bit of courtesy if you do. One even told me that he relaxes when someone tells him flat out, "I ain't worried about honest people!"
    Last edited by jmiked; May 1st, 2011 at 06:32 PM. Reason: Fat Fingered Typing
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  6. #20
    Member Array randian's Avatar
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    Quote Originally Posted by jmiked View Post
    One even told me that he relaxes when someone tells him flat out, "I ain't worried about honest people!"
    Why is not informing dishonest? There are probably just as many LEOs who get unnecessarily fearful and aggressive when told you are armed as there are LEOs who relax when told, and you can't tell which one you'll get ahead of time.

  7. #21
    Member Array nightsonge's Avatar
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    Hit the sobriety checkpoint on the way to work the other night, handed the state trooper my license to carry as well as my driver's license, his response? He grinned real big and said, "And I'll bet you ARE Packing!" I said yes, he said "and you have a good night sir, be safe" Didn't even ask me if I'd had anything to drink. I don't drink so the answer would have been no in any case. But, a bit unusual that he didn't ask. Granted, I hit the checkpoint fairly often, it's on the exit ramp off the interstate, but, I don't remember this officer in particular, though there are a couple that recognize me and wave me on through.
    Still, it's the most interesting response I've gotten from informing so far , usually it's just a "Just don't reach for it" and continue with what their doing.
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  8. #22
    Ex Member Array MadMac's Avatar
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    Quote Originally Posted by OldVet View Post
    Inform them of what? That you're not carrying? Whether your state is "must inform" or not, I don't think informing is ever implied unless a firearm is on hand. It's not a matter of simply being licensed requires informing.

    FL requires informing only when asked, but the LEOs I work with seem to prefer to be notified regardless. It avoids the "surprise" aspect.
    In NC, I have duty to inform upon official contact. It's not based on whether or not I am carrying a weapon. The fact I have a CHP invokes the requirement to inform. Whether or not I am armed is the second sentence out of my mouth.

  9. #23
    Senior Member Array DaRedneck's Avatar
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    Agree 100% with farronwolf. I usually just hand over my DL and CHL. If I have to verbally announce anything regarding carrying I will just say that I have my CHL. I have never and will never simply say that I have a gun. CHL 101. Usually when i tell an officer that I have my CHL they will then ask if I am carrying or not. I have never had an issue.
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  10. #24
    Member Array gruntingfrog's Avatar
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    Quote Originally Posted by MadMac View Post
    In NC, I have duty to inform upon official contact. It's not based on whether or not I am carrying a weapon. The fact I have a CHP invokes the requirement to inform. Whether or not I am armed is the second sentence out of my mouth.
    Interesting to note. I just looked this up on HandgunLaw.US and it's the first one I've seen where it states that you must inform the officer that you have a carry permit upon official contact, not just that you are indeed carrying. It seems to be two separate requirements; duty to inform of permit, and duty to inform of carry.

    Thanks for the info, MadMac.
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  11. #25
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    I've made a point of warning my wife that if she gets pulled over without me in the car, the officer will likely ask if I am in the vehicle (tinted minivan, oooohhh). Normally that kind of question leads to something horrible, like finding out that someone is evading a warrant, etc.

  12. #26
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    Quote Originally Posted by Gaius View Post
    I believe there was a recent case in I think Michigan, where a citizen was charged with not immediately informing the officer during a traffic stop that he was carrying and had a permit. The interesting thing is that the time between the initial contact and the citizen telling the officer that he was legally carrying was...40 seconds. The court said that this was not "immediate" and the citizen lost in court.
    Please cite a source for that.

    Although, while 40 seconds does not seem like a long period of time... when engaged in conversation, 40 seconds can be considered to be pretty far into it.

    For example, if an officer approaches your vehicle and immediately asks "May I see your license and registration please?" A ccw holder who is required by law to inform LEO's should reply by saying, "Yes sir, and I am required to inform you that I have a permit to carry a concealed weapon and I am doing so presently." That takes on average around 5 seconds for the entire exchange.

    If on the other hand, you start to engage the officer as to why he stopped you, and maybe saying other ancillary things like you weren't doing anything wrong or stuff like, "I didn't realize I was speeding", or "I didn't mean to run that stop sign", you quickly approach an extended conversation without fulfilling the requirements of the law, which is to immediately inform all LEO when engaged in official business.

    Yes, 40 seconds seems like a rather short period of time, and in my opinion an officer who is going to make an issue out of it, may seem to be kind of unreasonable. So, I would sure like you to post a source of you were heard that. I would like verification that a case like that went to court and the permit holder lost the case.

    Regardless, I'm glad I live in a state where I am not required to inform LEO I am carrying unless they ask me specifically if I'm carrying, or have any weapons.
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  13. #27
    Senior Member Array Bob O's Avatar
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    Quote Originally Posted by OldVet View Post
    Inform them of what? That you're not carrying? Whether your state is "must inform" or not, I don't think informing is ever implied unless a firearm is on hand. It's not a matter of simply being licensed requires informing.

    FL requires informing only when asked, but the LEOs I work with seem to prefer to be notified regardless. It avoids the "surprise" aspect.
    From the NC Dept. of Justice Firearms Website:
    To possess a concealed handgun in North Carolina, you must:
     Carry your permit and a valid form of identification with you at all times.
     Disclose the fact that you have a valid concealed handgun permit when you are approached or addressed by any law enforcement officer in North Carolina.

    So it seems that you must inform of the permit not the firearm - strange...

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    Senior Member Array mastercapt's Avatar
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    Quote Originally Posted by randian View Post
    Why is not informing dishonest? There are probably just as many LEOs who get unnecessarily fearful and aggressive when told you are armed as there are LEOs who relax when told, and you can't tell which one you'll get ahead of time.
    Why is it dishonest?
    Because its written in a law. I am not for or against it, just stating the law.

    Now, heres a scenerio for you. You are stopped for traffic or a DUI roadblock.
    You are asked for the usual: license, regestration, andinsurance card.
    So you reach behind you to get out your billfold, and in the process you uncover the gun in your wasteband near your hand. The officers partner, who is young and new at being a cop, is watching you thru the passenger side window. What do you think will happen next?

    My billfold is kept in my left hip pocket and my firearm at 3 o'clock. I casually inform if stopped, and ask them how they want to handle it.
    I, too, have asked many LEOs if I should inform, and the answer is yes. Most Fl LEOs are cool about armed citizens.

  15. #29
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    Quote Originally Posted by mastercapt View Post
    Why is it dishonest? Because its written in a law. I am not for or against it, just stating the law.
    The person I responded to, jmiked, is in Arizona, a "no inform" state. It must then be asked why a LEO in that state thinks not informing, when there is no duty to inform, is dishonest.

  16. #30
    Ex Member Array MadMac's Avatar
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    Quote Originally Posted by Bob O View Post
    From the NC Dept. of Justice Firearms Website:
    To possess a concealed handgun in North Carolina, you must:
     Carry your permit and a valid form of identification with you at all times.
     Disclose the fact that you have a valid concealed handgun permit when you are approached or addressed by any law enforcement officer in North Carolina.

    So it seems that you must inform of the permit not the firearm - strange...

    Bobo
    Strange? Certainly. But a legal requirement nonetheless. Thanks for looking it up. I read the law, and know my responsibilities in my state. Please read and know the laws where you reside, and don't rely on internet lawyers for advice. Especially me!

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