Notifying Leo when using their services. - Page 2

Notifying Leo when using their services.

This is a discussion on Notifying Leo when using their services. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by CaptSmith There is no room in legal disccusions for wishful thinking.... the law in Ohio is written cystal clear..any "legal" intercourse with ...

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  1. #16
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    Quote Originally Posted by CaptSmith View Post
    There is no room in legal disccusions for wishful thinking....the law in Ohio is written cystal clear..any "legal" intercourse with an officer, notification of concealed carry is required...
    Can you provide that statute please.


    You may want to be in this "eviction" situation armed , BUT, I would not want you armed, in this instance, as the landlord, kicking a family member out of his mothers apartment. AND I would arrest you for being armed and concealing the fact from me. I think the test of concealed carry and LEO intercourse would be do you think the LEO would allow you to OPEN carrying in the situation ??? NOT A CHANCE you would best disarm and secure, and conduct yourself in a lawful manner, and be told to, your choice...
    WOW ..... Glad Washington's not on my want to go to destinations.
    "There is a secret pride in every human heart that revolts at tyranny. You may order and drive an individual, but you cannot make him respect you." William Hazlitt (1778 - 1830)

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  2. #17
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    Quote Originally Posted by buckeye .45 View Post
    It is not just if you are stopped, but any official interaction with the police. IF you are next to the officer at line in Starbucks and say "Good Morning Sir" it is not an official interaction. But since you are calling them, I would think it falls under the "official" interaction. Just inform them, I have probably informed 5 or 6 times in the past 5 years, and never had a bad experience. I just tell the officer "Sir, I am legally required to inform you that I have a Concealed Handgun License, my weapon is in my right hip, how would you like me to proceed?" And they usually just respond with something along the lines of "Thank you for telling me, just don't touch it."

    EDIT: Here is the exact wording from the Ohio AG's Concealed Carry Manual, which your instructor should have given you a copy of.
    Obviously different states may and probably have different wording on must inform. In SC, as Buckeye says, the official interraction with the LEO is pretty clear, regardless of what the reason is. IMO, the only time you do not have to inform is say you are in a diner and interract with an LEO on a personal level and not a professional/legal level.

  3. #18
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    I would suggest reading the Ohio statute very closely, then decide whether you would like to explain a failure to promptly inform charge to a judge based solely upon your interpretation of that statute.

  4. #19
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    Quote Originally Posted by Mike1956 View Post
    I would suggest reading the Ohio statute very closely, then decide whether you would like to explain a failure to promptly inform charge to a judge based solely upon your interpretation of that statute.
    Lawriter - ORC - 2923.12 Carrying concealed weapons.

    2923.12 Carrying concealed weapons.

    (A) No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand, any of the following:

    (1) A deadly weapon other than a handgun;

    (2) A handgun other than a dangerous ordnance;

    (3) A dangerous ordnance.

    (B) 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 by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code shall do any of the following:

    (1) If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, fail to promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then is carrying a concealed handgun;

    (2) If the person is stopped for a law enforcement purpose and if the person is carrying a concealed handgun, knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;

    (3) If the person is stopped for a law enforcement purpose, if the person is carrying a concealed handgun, and if the person is approached by any law enforcement officer while stopped, knowingly remove or attempt to remove the loaded handgun from the holster, pocket, or other place in which the person is carrying it, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person’s hands or fingers at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer;

    (4) If the person is stopped for a law enforcement purpose and if the person is carrying a concealed handgun, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the person is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.
    I'm not seeing anything about ......."any "legal" intercourse with an officer, notification of concealed carry is required..." or am I just not seeing it?
    "There is a secret pride in every human heart that revolts at tyranny. You may order and drive an individual, but you cannot make him respect you." William Hazlitt (1778 - 1830)

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  5. #20
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    Quote Originally Posted by sgb View Post
    Lawriter - ORC - 2923.12 Carrying concealed weapons.
    I'm not seeing anything about ......."any "legal" intercourse with an officer, notification of concealed carry is required..." or am I just not seeing it?
    If you interpret that to mean that you aren't required to notify because you are the one initiating the encounter, or because you weren't "stopped", go for it. I will continue to inform, and will continue to advise those taking the class from me to do so, as well.

  6. #21
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    Quote Originally Posted by Mike1956 View Post
    If you interpret that to mean that you aren't required to notify because you are the one initiating the encounter, or because you weren't "stopped", go for it. I will continue to inform, and will continue to advise those taking the class from me to do so, as well.
    It says what it says, if you wish to misrepresent what the law says to your classes that's up to you. I see it all the time.
    "There is a secret pride in every human heart that revolts at tyranny. You may order and drive an individual, but you cannot make him respect you." William Hazlitt (1778 - 1830)

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    Since your contact is with them in an official capacity, I'd notify them your carrying. It may not be required, but by notifying you take any uncertainty out of the situation.
    Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.

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  8. #23
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    Ohio's concealed carry law is administered by the Ohio Atorney general, Ohio Attorney General Mike DeWine - 2011 Concealed Carry Laws Manual PAGE 12..


    Greetings Msutt1, great post...

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    Quote Originally Posted by sgb View Post
    It says what it says, if you wish to misrepresent what the law says to your classes that's up to you. I see it all the time.
    You are the one rendering legal interpretation, not me. If you don't like my advice, feel free to ignore it.

  10. #25
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    Quote Originally Posted by Mike1956 View Post
    You are the one rendering legal interpretation, not me. If you don't like my advice, feel free to ignore it.
    It's simple ENGLISH my friend, nothing magical about it. Not even when I was still locking people up.
    "There is a secret pride in every human heart that revolts at tyranny. You may order and drive an individual, but you cannot make him respect you." William Hazlitt (1778 - 1830)

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  11. #26
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    Don't have to inform in my state. But I say it's a crapshoot. If I had business with an LEO, I would be inclined to hand him my permit "...just so you know....". I would call that polite, and would imagine the guy would appreciate it. On the other hand, you could draw a basket case like Harless. You are now handcuffed and watching him bounce off the walls. Tough call.

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    I think the best way to handle interactions with the police is simply: put yourself in the man's place.

    If you were an officer at the start of an interaction with an unknown person, often, in traffic stops, one who is already driving too fast, or running red lights, appearing drunk etc - or in your situation, just plain unknown - what would you want first? A sense of safety, police are often in danger, coming out of the blue, so this would be especially true for you if you were him. So, common sense, give it to him, just as you would want. It's respecting someone else's position as a fellow person. At the same time you ensure your own safety - for who wants an on "red-alert" armed officer to deal with should he later see your gun.

    Now if the officer wants something outrageous or behaves in some aggressive manner: well ESPECIALLY respond in the most helpful way possible. Later you can file complaints, exercise your rights. I have never had such an interaction and I am no kid, but I know if armed you don't want to start objecting to any officer's commands should this ever pop up.


    In short, have legal arguments in a court but not with the officer at the scene when, inches away from your hand, you have a loaded gun.

    "Fools rush in where wise men never tread...."

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    Thanks for the great input. I have a lot of respect for the jobs officers do, so I will inform them in these situations regardless of the legal or not legal argument. One other part of this that came to my mind while reading the replies was- What if something happpened and I pulled my gun and fired to defend myself. If the officer did not know I had it they could hear it/see it and in a quick response scenario I could endanger them or get myself shot in the confusion it caused.
    Thanks again

  14. #29
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    My first response is . . . know what your state law is and at a minimum abide by it to the letter of the law.


    Quote Originally Posted by buckeye .45 View Post
    It is not just if you are stopped, but any official interaction with the police. IF you are next to the officer at line in Starbucks and say "Good Morning Sir" it is not an official interaction. But since you are calling them, I would think it falls under the "official" interaction. Just inform them, I have probably informed 5 or 6 times in the past 5 years, and never had a bad experience. I just tell the officer "Sir, I am legally required to inform you that I have a Concealed Handgun License, my weapon is in my right hip, how would you like me to proceed?" And they usually just respond with something along the lines of "Thank you for telling me, just don't touch it."

    EDIT: Here is the exact wording from the Ohio AG's Concealed Carry Manual, which your instructor should have given you a copy of.
    I live in a "no notify" state and if I had to live in a state with laws like above, it would drive me nuts. Having been a police officer for a number of years and also currently a Constable for a number of years, I regularly strike up conversations with officers, walk into PDs, ask for PD assistance if the person I'm about to serve papers to sets off my spidey sense, etc. I've even been in the Warden's office of our maximum state prison and never gave a thought to notify anyone.

    I've requested police assistance (multiple times) serving papers to a scumbag who had already been convicted of massive tax fraud, after I was threatened by his brother. The only question that the PD asked me was "is one officer going to be enough?" In this and other cases the officers knew I was wearing a vest, I'm certain that they knew that I was armed. It was a non-issue.
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  15. #30
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    I would inform and tell the officer I would follow their lead. I would hate for somethng to happen, I draw and LEO fells he has to shoot me to protect the person I am evicting.

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