Real situation what would you do

Real situation what would you do

This is a discussion on Real situation what would you do within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; OK this happened last week. My daughter and her boyfriend (have 2 year old son together) are having problems getting along. She called the police ...

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Thread: Real situation what would you do

  1. #1
    VIP Member Array TedBeau's Avatar
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    Real situation what would you do

    OK this happened last week. My daughter and her boyfriend (have 2 year old son together) are having problems getting along. She called the police on him because he had removed the batteries from the house phones so she couldn't talk to her friends. This is not the first time he has done this, or taken her cell phone from her. She was able to get her cell phone and call police, plus she called her mother and myself. We are divorced and both remarried.
    So my wife and I drive to her trailer. When we get there sheriff and my Ex and her husband are already there. Sheriff is inside talking to my daughter and her BF. Ex and her husband are outside. They say the sheriff told them to wait outside.
    While we are there a second sheriff deputy arrives. He goes in and talks to first for a few minutes then comes out with BF, talks to him on porch.
    Anyways after a little while one of the deputies comes over to us and explains the situation. Long story short, since my daughter added the BF to the trailer tittle when he moved in, even though she bought the trailer on a loan she secured and paid they can't remove him without eviction paperwork.
    During the course of the discussion the deputy ask who the daughters parents were since there were 4 of us standing there.
    Now the question; In Michigan we are required to declare we are a concealed weapons permit holder when we have contact with LEO in performance of his duties.
    I was not carrying at the time since I didn't want to bring a weapon into the situation. Since the officer did not ask for my ID I did not bring up the subject of concealed permit. Would the officer asking my relationship to my daughter be considered "official duty"?


  2. #2
    VIP Member Array jwhite75's Avatar
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    I would think you are OK if not carrying but he definitely is performing his official duty. Check your state laws for CCW.
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  3. #3
    Ex Member Array HollowpointHank's Avatar
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    I don't see the point in bringing it up if you aren't carrying. Even if he asked for your ID. You aren't carrying.

  4. #4
    Ex Member Array PNUT's Avatar
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    Why would you feel compelled to tell him that you don't have a gun ? It doesn't affect his safety either way. I can't see how it matters at all.
    I hope that your daughter is able to get away from the creep, before it goes from trying to isolate her to hitting her.

  5. #5
    VIP Member Array RoadRunner71's Avatar
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    Quote Originally Posted by HollowpointHank View Post
    I don't see the point in bringing it up if you aren't carrying. Even if he asked for your ID. You aren't carrying.
    In Michigan you are required to identify yourself as a CPL holder & your carry status.

    As to the the OP, I think that unless the officer is asking for ID or if you are directly involved in an incident under investigation you should be in the clear. I deal with the occasional LEO on a casual basis fairly often and I can't imagine that they would even care when I am just saying "hello". That being said, when in doubt - declare.

    Hopefully one of our LEO members can help on this.
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  6. #6
    Ex Member Array LaCCW's Avatar
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    Yes, he got called there on duty so if he were to ask you for your ID he would be doing so in an "official manner". Now this varies from state to state, at that point I (Louisiana) am required by law to inform him of my permit whether or not I was carrying. Failure to do so would result in a temporary suspension of my permit. In your case, you are good to go since you weren't carrying nor did he ask for your ID.

    Jack

  7. #7
    Senior Member Array KevinDooley's Avatar
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    If you are required to tell him regardless of your actual carry status at the moment, then when he asks for ID you need to tell him. Until he asks for identification I wouldn't bring it up.
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    I am not a LEO (yet), I am in the academy and from what I have learned, in Utah I think you could be in hot water had they found out (even later) that you did not disclose your carry permit and status. If you have a duty to disclose wheather or not you are carrying at the time then you should. That is the law in Utah. They were obviously performing official duties, IMHO you absolutely should have disclosed when he first came to talk to you, even if they don't ask for your ID.
    Last edited by sigmanluke; May 29th, 2009 at 10:32 AM. Reason: spelling etc.
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    Senior Member Array f8lranger4x4's Avatar
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    It is official duty. To bad your not here in virginia disabling a phone where someone can't call 911 is a crime in its self.

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    VIP Member Array shooterX's Avatar
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    You weren't carrying so you should be fine.

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    Quote Originally Posted by LaCCW View Post
    Yes, he got called there on duty so if he were to ask you for your ID he would be doing so in an "official manner". Now this varies from state to state, at that point I (Louisiana) am required by law to inform him of my permit whether or not I was carrying. Failure to do so would result in a temporary suspension of my permit. In your case, you are good to go since you weren't carrying nor did he ask for your ID.

    Jack
    From the LSP website in Louisiana:

    Duties of Permittees
    The permit shall be retained by the permittee who shall immediately produce it upon the request of any law enforcement officer. Anyone who fails to do so shall be fined not more than one hundred dollars. Additionally, when any peace officer approaches a permittee in an official manner or with an identified purpose, the permittee shall:
    Notify the officer that he has a weapon on his person;
    Submit to a pat down;
    Allow the officer to temporarily disarm him.


    In reading the information above as carefully as I can, it seems to me that if I'm NOT armed I have no duty to inform the officer that I have a permit. I just called the person in charge at LSP and he agrees with that. If you are not armed it is not necessary to inform the officer in Louisiana that you have a permit. They are likely to change the wording on this soon to make that point clearer.
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  12. #12
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    I got this off Wikipedias handgunlaws:

    An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle.[124]

    So I guess if you are not CCing at the time, you have no duty to disclose. You should be good.
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  13. #13
    Member Array CPTMO's Avatar
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    In most states your CPL is tied to your Driver's License record. If LEO asks for ID (he may run you) then you had better tell him when he asks for the ID. It may avoid a situation in which he doesn't know if you are carrying or not when he sees your CPL come up on your DL record. No harm in stating that you have a CPL and in this case that you aren't carrying a weapon.
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    VIP Member Array David in FL's Avatar
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    Please forgive me for straying a bit from your original question, but my wife is a nationally recognized expert on Domestic Violence. I'm not much of an expert on anything that doesn't involve beer and pizza, but some of her knowlege has rubbed off.

    Your daughter (and grandaughter) are in an extremely dangerous situation. The fact that the BF is removing the batteries from telephones and actively trying to keep her from contact with the outside world demonstrates that he's domineering and controlling and is a sign that warns of the likelihood of an escalating situation that could put the two of them in very real jeopardy of physical harm.

    Please, ask her to get in contact with her local Domestic Violence program. They can provide information, counseling, guidance, advocacy and legal assistance, and emergency shelter should it become necessary.

    Please don't delay. If you have any questions, PM me and I'm sure my wife would be willing to respond and expand on my comments.

    David
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

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  15. #15
    VIP Member Array tns0038's Avatar
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    Glad Florida does not require.

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