Notifying Leo when using their services.

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; I recently received my CHL in OH. I know that if stopped by a LEO I am required to notify him that I am carrying. ...

Page 1 of 3 123 LastLast
Results 1 to 15 of 34
Like Tree3Likes

Thread: Notifying Leo when using their services.

  1. #1
    New Member Array msutt1's Avatar
    Join Date
    Nov 2011
    Location
    Ohio
    Posts
    6

    Notifying Leo when using their services.

    I recently received my CHL in OH. I know that if stopped by a LEO I am required to notify him that I am carrying. But what if they are there assisting me. To give more specific examples, I am a landlord and in the past 3 months I have had 2 situations where the police were called in to assist me.

    1. An eviction where the tenant was unruly on the day of physical putout the bailiff called the police to oversee the eviction.
    2. A son of one of my tenants broke into his mother's unit while she was in the hospital. He is trouble and she did not want him there, so I called the police to be there with me when I ran him out of the unit.

    From what I have read it does not seem to me that I am required to notify these officers that I am carrying.
    I know that many people believe you should never tell, but part of me feels that out of respect for these officers I should quietly let them know.


    Thoughts?


  2. #2
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    44,751
    Out of a professional respect, I would let the officers know.OMO
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  3. #3
    VIP Member Array BigJon10125's Avatar
    Join Date
    Apr 2011
    Location
    California
    Posts
    3,110
    That is a tough one. I would say yes, but am not familiar with the Ohio law. Our class instructor stated that once you become a focal point of the officers then it is best to inform. Again not commenting on law. This was in suggestion as opposed to walking down the street, seeing an LEO and saying hey! Im packing, here is my permit.
    BigJon


    "Better to keep your mouth shut and be thought a fool than to open it and remove all doubt" ~ Mark Twain

  4. #4
    Moderator
    Array buckeye .45's Avatar
    Join Date
    Nov 2006
    Location
    Ohio
    Posts
    7,682
    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.

    14
    Traffc Stops and Other Law Enforcement Encounters
    If a person is stopped for a law enforcement purpose and is carrying a concealed handgun as a CCW licensee, whether in a motor vehicle or not,he shall inform the law enforcement offcer that he is carrying a concealed handgun. If in a vehicle, the licensee shall remain in the vehicle and keep his hands in plain sight at all times.
    Violating this section of law is a frst-degree misdemeanor, and in addition to any other penalty handed down by a court, may result in the suspension of the person’sconcealed handgun license for one year.
    NOTE:
    So far, the Ohio Supreme Court has not defned the term “plainsight” precisely in the context of carrying a concealed handgun. However, in other contexts, courts have generally said that the term “plain sight” is a common-sense term that means clearly visible or unobstructed.If a person is stopped for a law enforcement purpose and is carrying aconcealed handgun as a CCW licensee, whether in a motor vehicle or not,he shall not have or attempt to have any contact with the handgun, unless in accordance with directions given by a law enforcement offcer.
    Violating this law is a felony and may result in permanent loss of the person’sconcealed handgun license.
    If a person is stopped for a law enforcement purpose and is carrying aconcealed handgun as a CCW licensee, whether in a motor vehicle or not,he shall not knowingly disregard or fail to comply with any lawful ordergiven by any law enforcement officer.
    Violating this law is a first-degree
    misdemeanor and may result in the suspension of the person’sconcealed handgun license for two years
    oneshot likes this.
    Fortes Fortuna Juvat

    Former, USMC 0311, OIF/OEF vet
    NRA Pistol/Rifle/Shotgun/Reloading Instructor, RSO, Ohio CHL Instructor

  5. #5
    Senior Member Array Hot Wing's Avatar
    Join Date
    Dec 2009
    Location
    Melbourne Florida
    Posts
    688
    No

    If the officer ask then yes

  6. #6
    Member Array TVille's Avatar
    Join Date
    Aug 2009
    Location
    Alabama
    Posts
    173
    Quote Originally Posted by Hot Wing View Post
    No

    If the officer ask then yes
    Maybe in Florida, but the OP is in Ohio. See buckey .45's response. I think his is correct for Ohio.

  7. #7
    Moderator
    Array buckeye .45's Avatar
    Join Date
    Nov 2006
    Location
    Ohio
    Posts
    7,682
    Quote Originally Posted by Hot Wing View Post
    No

    If the officer ask then yes
    Are you basing that answer off your reading of the Ohio law (where the OP lives), or off of Florida law?
    Fortes Fortuna Juvat

    Former, USMC 0311, OIF/OEF vet
    NRA Pistol/Rifle/Shotgun/Reloading Instructor, RSO, Ohio CHL Instructor

  8. #8
    VIP Member Array JDE101's Avatar
    Join Date
    Apr 2009
    Location
    Ohio
    Posts
    6,564
    Ditto to what Buckeye .45 said. It has always been my understanding that you had to inform if it was an "official interaction". A casual conversation in passing on the street or in a coffee shop is not an "official interaction" with the police, but if you call them for assistance in some matter, they are acting in an "official capacity". To get "official" clarification, I suggest you call or write the attorney generals office.
    buckeye .45 likes this.
    Live to ride, ride to live. Harley Road King And keep a .45 handy Kimber Custom TLE II

  9. #9
    VIP Member
    Array oneshot's Avatar
    Join Date
    Jul 2009
    Location
    +42.893612,-082.710236 , Mi.
    Posts
    8,167
    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.



    ^^^^^THIS IS HOW MICHIGAN IS ^^^^^^^^^^^


    Any time you have an interaction in an official capacity, (they pull you over, you call them) for whatever reason, you need to inform.
    Just saying, "nice sig" does not constitute "official business"
    If you want to make God laugh, tell him your plans.

    Washington didn't use his freedom of speech to defeat the British, He shot them!

    Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy." -- Ernest Benn

  10. #10
    Ex Member Array walleye's Avatar
    Join Date
    Jul 2011
    Location
    erie PA
    Posts
    677
    Quote Originally Posted by msutt1 View Post
    I recently received my CHL in OH. I know that if stopped by a LEO I am required to notify him that I am carrying. But what if they are there assisting me. To give more specific examples, I am a landlord and in the past 3 months I have had 2 situations where the police were called in to assist me.

    1. An eviction where the tenant was unruly on the day of physical putout the bailiff called the police to oversee the eviction.
    2. A son of one of my tenants broke into his mother's unit while she was in the hospital. He is trouble and she did not want him there, so I called the police to be there with me when I ran him out of the unit.

    From what I have read it does not seem to me that I am required to notify these officers that I am carrying.
    I know that many people believe you should never tell, but part of me feels that out of respect for these officers I should quietly let them know.


    Thoughts?
    It's practical. I had a traffic-stop and though we don't have to inform where I live, that was the first thing out of my mouth.

    It's better to tell in my view so later the LEO doesn't spot the gun while you bend over etc., then he's nervous, just as you would be if you were him. Sure, he'll ask, you'll show your permit and things should be OK. But in the seconds between the two that LEO is nervous, uncomfortable and "getting ready". It's a danger, you don't want it.

    As well, even if all goes well, he sees the permit etc., he now may be a bit angry he had to go through that since you could have told him. So, now he may not be so willing to see things your way. Again, LEOs are human beings. No one likes having to get shook up when, out of politeness and courtesy on your part, that would not have been the case.

    So, that could be a reaction. I think it's courteous so I do it. I think it's the safest way for me to go so I do it.

  11. #11
    Member Array gunguy82's Avatar
    Join Date
    Oct 2011
    Location
    in hiding
    Posts
    126
    My theory is if the laws involved give em a heads up...save ya some headache
    And so when man and horse go down beneath a saber keen, or in a roaring charge of fierce melee you stop a bullet clean, and the hostiles come to get your scalp, just empty your canteen, put your pistol to your head and go to Fiddlers green. U.S Army Cavalry

  12. #12
    Member Array rtroha's Avatar
    Join Date
    Feb 2005
    Location
    Northeast Ohio
    Posts
    163
    This is from the Ohio license application:

    AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR SUBMITS FALSE INFORMATION ON, OR A
    FALSE DOCUMENT WITH, THE APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A CONCEALED HANDGUN
    LICENSE, A FELONY OF THE FOURTH DEGREE, IN VIOLATION OF ORC 2921.13.
    (1) I have read the publication that explains Ohio firearms laws, provides instruction in dispute resolution and explains
    the Ohio laws related to that matter, and provides information regarding aspects of the use of deadly force with a
    firearm, and I am knowledgeable of the provisions of those laws and of the information on those matters.
    Sometimes I wonder...

  13. #13
    VIP Member Array Hiram25's Avatar
    Join Date
    Feb 2010
    Location
    Wyoming, DE
    Posts
    11,084
    If they were there to assist you, you were not "stopped" for a law enforcement purpose, you were not stopped at all! However, since they are responding to an incident that could become physical, I would advise them of the fact that you are armed, before you were to get involved in a possible confrontation. JMHO!
    sgb likes this.
    Hiram25
    You can educate ignorance, you can't fix stupid
    Retired DE Trooper, SA XD40 SC, S&W 2" Airweight
    dukalmighty & Pure Kustom Black Ops Pro "Trooper" Holsters, DE CCDW and LEOSA Permits, Vietnam Vet 68-69 Pleiku

  14. #14
    Member Array CaptSmith's Avatar
    Join Date
    Aug 2011
    Location
    Washington /San Juan's
    Posts
    350
    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...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...
    Last edited by CaptSmith; January 7th, 2012 at 04:52 PM. Reason: spelll

  15. #15
    sgb
    sgb is offline
    VIP Member Array sgb's Avatar
    Join Date
    Jan 2006
    Location
    You don't need to know
    Posts
    2,414
    Hiram25 hits it spot on. Based on the below quoted portion of the Ohio AG's Concealed Carry Manual as provided by Buckeye .45 there would be no legal requirement to notify the Officers. However considering how these type of calls can escalate it would seem to be a prudent thing to inform the Officers up front.

    14
    Traffc Stops and Other Law Enforcement Encounters
    If a person is stopped for a law enforcement purpose ........
    "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)

    Best Choices for Self Defense Ammunition

Page 1 of 3 123 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

are you required to notify officer concealed carry

,

ohio concealed carry laws

,

powered by mybb ohio attorney general

,

powered by mybb ohio attorney general name and address

Click on a term to search for related topics.

» Log in

User Name:

Password:

Not a member yet?
Register Now!

» DefensiveCarry Sponsors