Defensive Carry banner

Requirement to notify if you are NOT carrying?

7K views 79 replies 41 participants last post by  mrjam2jab 
#1 ·
In states that require you notify a LEO when pulled over, do you need to notify them when you have a CHL, but are not presently carrying?
 
#6 ·
What statute in OH requires that you notify even when you are not carrying? The only one I found says that you must notify when you ARE carrying.

2923.16 (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.
 
#4 ·
I wouldn't think you would "have to " advise if you aren't carrying a gun. What's the purpose of it ??? We don't have to notify, so we're not accustomed to it anyway.
 
#5 ·
NC is a must notify state but not required by statute when you are not carrying. Some people still do notify when not carrying and notifying when not carrying isn't against the law in any state that I'm aware of. You may get chuckled at by seasoned LE but you'll always land on the right side of the law.
 
  • Like
Reactions: Jaybm
#9 ·
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!
 
#39 ·
I have to question whether there is really anything dumber than Dbag Fartstain and Schumer rolled into one.
 
#16 ·
Here's your answer.

Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.
 
#18 ·
Texas law states that you must inform and present both your DL and CHL to the officer, if you are carrying. There is no official penalty if you don't, but LEOs may still give you grief for not notifying them.

Texans also have the legal ability to carry in a car (hidden) without a CHL so most LEOs will ask if there is a weapon in the vehicle anyway. In other words, if you are carrying, you really need to show your CHL immediately.
 
#19 ·
Newman5,

On a side note, this should have been covered in detail in your CHL class. If not, you should take some time and read the laws in great detail as it will keep you out of trouble (and you already signed a form saying you did in the class...).
 
#20 ·
Make it easy on yourself if you're not sure. "Good afternoon officer, I have a carry license but I'm not carrying right now". If you live in a "Must Inform" state, why take your chances with a LEO that may not be fully aware of the law? Just take a single second to make sure things are clear.
 
#22 ·
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
 
#23 ·
I took my CCW class at Black Wing Shooting Center near Delaware, OH. After they discussed the duty to inform when carrying, I inquired about informing when not carrying. I was advised that you are not required to inform when not carrying, however they encouraged that you practice informing anyway just to keep the air clear.

Personally, I think it would be good practice to acknowledge that you have a CHL and that you are not carrying. I feel that this helps to put the officer at ease since you aren't hiding anything or neglecting your duty to notify, which they assume you have until you've stated that you aren't carrying.
 
#24 ·
There is a huge difference between encouragement and statement of fact. I encourage them, as well, but am quick to advise them that it is not a legal requirement.
 
#26 ·
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 showing
their 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 which
unlicensed 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.
 
#28 ·
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.
 
#29 ·
Thanks for the replies.

Agreed, it'd be kinda ridiculous if you DID have to inform if you weren't carrying, but there ARE more ridiculous laws on the books.

I also appreciated the point made that perhaps it's safest to inform regardless just so that the LEO is not concerned wondering why you did not inform.

Thanks.
 
#31 ·
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.
 
#36 ·
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.
 
#37 ·
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?
 
#38 ·
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)
 
#40 ·
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.
 
  • Like
Reactions: Topsider
#41 ·
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.
 
#54 ·
Why should he re-phrase his question? He was correct and he didnt care about your legal weapon.

And you had no reason to tell him about your legal weapon except by your own choice.
 
#48 ·
Very true but I wouldn't let him know nor show my license if I was not carrying which is not very often.
 
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top