"Must inform a peace officer"

This is a discussion on "Must inform a peace officer" within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hey all, So I know there have been several threads about being pulled over and having to inform that you are concealed. And I know ...

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Thread: "Must inform a peace officer"

  1. #1
    Member Array SpringXDsub's Avatar
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    "Must inform a peace officer"

    Hey all,
    So I know there have been several threads about being pulled over and having to inform that you are concealed. And I know that several states don't have to inform, but! This is a different post.

    In Nebraska, we have to inform a police officer even if we are the passenger in a traffic stop. So I was curious to see how you guys would go about this? What if you are in a car with several of your friends(or family). You get pulled over and have to inform the officer... but doing that will also make all of your friends aware of you carrying. So how would you go about it?

    Or if you are with your family and they already know you are carrying.. What is a good way to get the attention of the officer in the passenger seat. I just wouldn't want to create a scene and make the officer nervous because i'm trying to tell him something.

    Thanks all
    -Nick

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  3. #2
    Distinguished Member Array skysoldier29's Avatar
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    All my family and friends know I carry and that I do pretty much all day ever day. As for telling the cop you are carrying as a passenger just say to the officer "Excuse me sir/ma'am, I'm currently carrying a pistol under my (insert state) CPL and my weapon is located at the following location." I would have my ID and CPL in hand so you are not looking around for it in the event if they ask for it. All the cops that I have had contact with both military and as a civilian Reserve Deputy will be thankful that you came right out with the fact that you carrying. Just be polite and be prepared to be disarmed if the officer feels it is needed to ensure their safety. If the officer does disarm you don't take it personal he/she is just taking control of the situation and it may dictate that they do. Just remember they want to go home at the end of their shift to and that they will likely deal with far more criminal elements with possible weapons than legit citizens to take the time to get a CPL. As for the others in the car who might be gun haters, don't know what to tell you there.

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    New Member Array nepatternmak's Avatar
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    Nebraska is a must inform state, however, I think that's only when an officer asks for ID. As a passenger, you are not typically asked for any ID so no need to inform. If ID is requested, certainly there would be a requirement to inform at that point. If I'm wrong and this is specifically spelled out that passengers in a vehicle are required to inform regardless of whether or not they are asked for ID, show me so I'll be legal, too.

    dave

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    VIP Member Array Harryball's Avatar
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    Me: Officer I have my CPL
    Officer: are you armed
    Me: Yes, how would you like to proceed
    Officer Were is it
    Me: Right hip
    Officer: Dont reach for it.
    JDE101 likes this.
    Don"t let stupid be your skill set....

  6. #5
    VIP Member Array NC Bullseye's Avatar
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    You have two choices, first tell the driver that as soon as the officer approaches, they need to tell the officer that a passenger of theirs has a concealed carry permit, are they currently carrying, and how would he like to proceed? (note the absence of the word gun) or second just tell the driver that you have to speak to the officer as soon as he approaches to notify him of something by law.

    If you have to out yourself to someone that didn't know then that's just the price you pay. Better to be outed that to get a charge.

    NC also has the must notify when approached and that's the way our AG's office recommended.
    gasmitty and JDE101 like this.

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    VIP Member Array oakchas's Avatar
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    Spring, I looked on Handgunlaw.us here's what it quotes from the NE State Police FAQ:

    From the NE State Police FAQ’
    Q. Do I have to tell people I have a concealed handgun?
    A. If you are a permit holder carrying a concealed handgun and are officially contacted by any peace officer or emergency services personnel, you must immediately inform the peace officer or emergency service personnel of the concealed handgun unless you are physically unable to do so. These individuals have the right to determine whether it is necessary to secure the handgun during the contact for the safety of any person.
    I may be wrong, but a passenger in a vehicle is not usually officially contacted by an officer during a traffic stop... Unless there's more than that going on...
    Rats!
    It could be worse!
    I suppose

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    Member Array OldMick's Avatar
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    Quote Originally Posted by nepatternmak View Post
    Nebraska is a must inform state, however, I think that's only when an officer asks for ID. As a passenger, you are not typically asked for any ID so no need to inform. If ID is requested, certainly there would be a requirement to inform at that point. If I'm wrong and this is specifically spelled out that passengers in a vehicle are required to inform regardless of whether or not they are asked for ID, show me so I'll be legal, too.

    dave
    Dave, I was curious about your state's law. I live in Ohio, also a "must inform" state. We've had a couple of rather ugly instances of people not notifying "promptly" when stopped, as required by ohio law.

    Here's what I found doing a quick search of Nebraska law regarding informing:


    019.02 A permit holder carrying a concealed handgun who is officially contacted by any peace officer or emergency services personnel must immediately inform the peace officer or emergency service personnel of the concealed handgun unless physically unable to do so.

    I guess it depends on your definition of "officially contacted". I take that to mean any official business such as a traffic stop whether I'm the driver or an occupant, as opposed to a "non-official" or casual contact with a LEO such as while waiting in line for coffee and just exchanging greetings. Just my opinion though. Still, failure to notify is an M1 for the first offense.

    Oakchas - you beat me to it, but with a different opinion.
    Last edited by OldMick; December 2nd, 2011 at 02:24 PM. Reason: type too slow

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    VIP Member Array tns0038's Avatar
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    Normally I consider official speaking with means asked for “id”..

    In which case I always hand them my driver’s license and CCL, at the same time

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    I understand what "and are officially contacted" by any peace officer means, at least I think I do. However, some officers may support the idea that if the car is stopped then that is an "official contact" of all the parties within the stopped vehicle. If that is the officers position, then his subsequent discovery of your CCW could cause things to get potentially ugly along side the road. A good lawyer would probably eventually get you cleared that since you were a passenger you were immune to official contact, but that will be time-consuming and expensive process.

    Notifying the officer discreetly during the traffic stop is going to be tough to do. You may just have to simply do it to be on the safe side. Personally none of my family or friends would care if I were CCing or not, they'd probably expect that I would be.
    Turn the election's in 2014 to a "2A Revolution". It will serve as a 1994 refresher not to "infringe" on our Second Amendment. We know who they are now.........SEND 'EM HOME. Our success in this will be proportional to how hard we work to make it happen.

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    Ohio law in this area is quite clear:
    "(E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
    (1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle;
    (2) Fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the commercial motor vehicle."

  12. #11
    Member Array OldMick's Avatar
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    Quote Originally Posted by Mike1956 View Post
    Ohio law in this area is quite clear:
    "(E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
    (1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle;
    (2) Fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the commercial motor vehicle."
    It may seem clear, but the big issue as I mentioned above is the term "promptly". In fact, removing the notification requirement is one of the most popular suggestions we received when we (OFCC) asked members to list their priorities for improved concealed carry legislation in Ohio.

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    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by OldMick View Post
    It may seem clear, but the big issue as I mentioned above is the term "promptly". In fact, removing the notification requirement is one of the most popular suggestions we received when we (OFCC) asked members to list their priorities for improved concealed carry legislation in Ohio.
    It seems to be an issue on many of the gun forums I belong to. I have also approached my State Representatives about either removing the requirement or making it clearer. For instance when an officer asks for an ID you must declare you are carrying.

    Michael

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    Quote Originally Posted by OldMick View Post
    It may seem clear, but the big issue as I mentioned above is the term "promptly". In fact, removing the notification requirement is one of the most popular suggestions we received when we (OFCC) asked members to list their priorities for improved concealed carry legislation in Ohio.
    I, too would love to see the requirement lifted, but until it is, "promptly" is something we live with. LEO encounters, such as the Harless incident, is a topic I cover thoroughly when teaching the course.

  15. #14
    Senior Member Array BkCo1's Avatar
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    Just say "I have a gun" and you will promply get the friendly officers attention. LOL I personally would keep my mouth shut and hands in sight. If spoken to I would inform I have a PERMIT TO CARRY CONCEALED and follow the officers instruction. Most likely you would not be adressed unless you are acting funny.
    Semper Fi

  16. #15
    Senior Member Array Dennis1209's Avatar
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    Interesting points guys. While I do not travel to other states as much as I use to, I still visit other states on occasion. It's easy to find and remember the states with reciprocity agreements, but not so easy to find and remember "must notify" states, and the laws are constantly modified. So, if you get stopped by the law out of state and not sure about the notify requirement, would it be best to immediately notify the LEO?

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