Requirement to notify if you are NOT carrying?

This is a discussion on Requirement to notify if you are NOT carrying? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Builtbybeck Yes in NC. Taught in CC class to notify immediately upon interaction. I think there is a legal time limit in ...

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Thread: Requirement to notify if you are NOT carrying?

  1. #31
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    Quote Originally Posted by Builtbybeck View Post
    Yes in NC. Taught in CC class to notify immediately upon interaction. I think there is a legal time limit in the legislation before you're considered in violation.
    Not so. Your instructor is wrong or you misunderstood him (her).

    Here's what the NC "must notify statute says:
    The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun, shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer

    ...holds a permit AND is carrying... There's your answer. No gun; no need to notify.
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  3. #32
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    No in TX

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    Quote Originally Posted by Hopyard View Post
    In Texas the answer is no, you don't have to show the CHL if you are not carrying.That said, before the new car carry law, I was told of someone who was arrested for not showingtheir CHL even though they were not carrying. I was advised at that time to show both whenever.As noted above, there is now no penalty for not showing; a totally weird situation has developed in whichunlicensed folks who are car carrying don't have to show anything or even notify that they are carrying unless asked, but a license holder does. It is upside down, and fairly typical of the idiocy of the Texas Legislature.
    That is the reason that the penalty for a CHL'er failure to disclose was removed.

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    Quote Originally Posted by luvmy40 View Post
    There is at least one local constable in my AO that disagrees with this(I know you're right). He also has a penchant for pulling anyone over who is riding a sport bike, for no apparent reason.
    We had a local police officer that did not like cars with large rims and tires among other dislikes of the people that liked cars of this type. Was a simple task to prove his dislike, based on his traffic stops/tickets given. The rims and tires were not his downfall but his dislike for the owners of such cars was. He is no longer employed as LEO in this state.
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    Quote Originally Posted by KBSR View Post
    IMO it's a damn stupid law if you have to notify law enforcement when you aren't carrying. Who dreams this stupid stuff up? SMH
    I'd be surprised if it's actually a law anywhere. It defies any logic.

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    I know most give the requirements if you're carrying during a traffic stop. I personally would show my cpl and drivers license and inform the officer that I am not carrying at the present time.

    In some states when an officer runs your license plate "tag" it will show on their screen that you possess a cpl. If it shows up on their screen and they come to your window, if you don't show or inform him or her you possess a cpl license, the officer might question if you are hiding something or put him or her on heightened awareness.

    Better to inform them for their peace of mind.

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    VIP Member Array wmhawth's Avatar
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    I know most give the requirements if you're carrying during a traffic stop. I personally would show my cpl and drivers license and inform the officer that I am not carrying at the present time.
    I believe your cpl is a license to carry a concealed weapon. If you aren't carrying a concealed weapon how is it any more relevant than your fishing license when you aren't fishing?

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    It may not be any more relevant than a fishing license when not fishing.

    But I'd rather him know that I am legally licensed to carry but am not carrying a weapon on me.

    Like I said That is what I would do......you can do as you wish.

    I have not been stopped since I've had my cpl (going on 5 years)

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    Quote Originally Posted by archer51 View Post
    I don't know of any state that requires notification if you are not carrying. If there are any they need to get the law changed, because it is dumber then Dianne Feinstein and Chuck Schumer rolled into one!
    I have to question whether there is really anything dumber than Dbag Fartstain and Schumer rolled into one.
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    Well I'm licensed to drive even though I'm walking around the block, and I wouldn't have to inform an LEO that I had a DL if he stopped and asked what I was doing . . . would I?

    The intent of "must notify" is to alert the officer you are armed, not merely licensed to do so.
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    Distinguished Member Array chuckusaret's Avatar
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    I live in Florida and I am not required to tell unless the LEO should ask. I was stopped in the past where the officer asked if I had any illegal drugs are weapons in the car and I stated no. I waited until after he ran my DL and I then told him, Officer I need to qualify my answer about no illegal guns which I don't have but I do have a CWFL and a legal gun in the center console. He handed me my DL and said have a good day. I am sure he will better phrase his questions in the future.
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    Quote Originally Posted by suntzu View Post
    It appears that some LEO's don't know the law either. My FIL got pulled over for speeding and the LEO went off on him about not telling him was a CHL holder. He told her it didn't cross his mind since he was not carrying.
    No surprise there. That's why our CHL instructor recommended showing the CHL even if not carrying.
    At least she didn't arrest him.
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    Quote Originally Posted by Hopyard View Post
    No surprise there. That's why our CHL instructor recommended showing the CHL even if not carrying.
    At least she didn't arrest him.
    Arrest for what? Not being armed?
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    Quote Originally Posted by Mike1956 View Post
    Did you, perchance, have an instructor tell you that?
    Actually, yes. I got my CC permit quite a while ago, and they may have changed the statute, for the better, since that time. But in the original legislation, your CCW permit was tied to your driver's license. So, whether you were carrying or not, you were duty bound, at the time, to notify the LEO that you had such permit. If not, he, or she, would find out as soon as they ran your license, and could cite you for failure to notify.

    Evidently, I have not kept up on that part of the law, so perhaps I'm demonstrating my ignorance. But why not advise? Just hand the LEO both licenses, and cover all your bases. What if you've forgotten about the pistol you had concealed in the center console? Better safe than sorry, IMHO.

    Cheers,
    Tom

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    Quote Originally Posted by OldVet View Post
    Arrest for what? Not being armed?
    For failure to disclose. It was of course an act of official stupidity, but that is the whole point of
    bringing the event to the discussion. Stuff happens and so we have to think a bit preemptively.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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