CHL near by but not on me. Was I in trouble?

CHL near by but not on me. Was I in trouble?

This is a discussion on CHL near by but not on me. Was I in trouble? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; OK, you guys blew it. Yesterday was my birthday and not ONE happy birthday. I am crushed. But an interesting situation came up on my ...

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Thread: CHL near by but not on me. Was I in trouble?

  1. #1
    VIP Member Array ExactlyMyPoint's Avatar
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    CHL near by but not on me. Was I in trouble?

    OK, you guys blew it. Yesterday was my birthday and not ONE happy birthday. I am crushed.

    But an interesting situation came up on my birthday night out. A group of us went to the movies. The theater has a deal that if you go on your exact birthday, you get in for free. You have to show some type of ID to prove that today is your birthday. We were running a bit late, so I dropped everyone off. I was driving, so I gave my lady friend my wallet so she could get me a free ticket showing my driver's license. As I parked the car and started walking to the theater I realized that my CHL was also in my wallet. Ooooops. Should something have happened, would I have been in heap big doo doo? My wallet was near by, but not on my person.
    Preparing for the Zombie Apocalypse or Rapture....whichever comes first.


  2. #2
    Member Array Jumper2501's Avatar
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    I don't live in OR, but my guess would be....yes. Technically, you were illegally concealing a firearm.

    On a side note, I had a somewhat similar "discussion with myself" earlier. I went out to check the mail and didn't have my wallet on me, which would have been ok in SC, except I stood in the street to check my mailbox.

    Anyway, it' definitely food for thought. I used to hand my wallet off to my wife in situations similar to the one you described, but am careful not to since I started carrying.
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  3. #3
    Member Array DIXIETWISTER's Avatar
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    It was my Birthday too....yep I think you would have been in alot of trouble.
    HAPPY B DAY.
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    Depends on how big of a jerk a LEO would want to be. Most states say "in your possession" or something to that effect. Technically you weren't in possession, but since your friend was readlily available to produce "your" wallet with the license inside, I think you'd been okay.
    Not the brightest move considering, but pretty innocent all in all. You are licensed, after all. Not like some thug packing.
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  5. #5
    Ex Member Array Treo's Avatar
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    You'd have to find the most anti cop in the world to get busted.

    In Colorado it's the same as a no insurance ticket, you show up in court W/ a CHP that predates the ticket & they throw out the case.

  6. #6
    VIP Member Array JDE101's Avatar
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    For the two of you whose birthday was yesterday, Happy Birthday a day late. My birthday is today and I did receive a one-liner from DC whishing me a happy birthday. I am now at the age where I no longer get too excited about my birthday, other than the fact I made it another year, and having a birthday beats the heck out of the alternative! But back to the original subject. I'm going to have to check on Ohio law about having your license on your person vs close at hand. I NEVER have handed or would hand over my entire wallet to anyone else for any reason! I have taken out the garbage, checked the mail, and gone over to my next door neighbor's house and stood on his front porch talking to him with my wallet left in my house in my desk. I'm pretty sure I'm OK on my property, but need to check about going to the neighbor's.
    Live to ride, ride to live. Harley Road King And keep a .45 handy Kimber Custom TLE II

  7. #7
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    If you're with someone who is holding yor I.D., I wouldn't think it to be a problem, but if your 'license holding friend' was not in sight...perhaps an angry LEO could have caused some difficulty.OMO
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  8. #8
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    I keep a copy of my ccw permit, DL, and Insurance above the
    sun visor just in case I forget them.
    I don't know if that would be accepted but worth a try.
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  9. #9
    VIP Member Array ccw9mm's Avatar
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    EMP -- Happy b-day, bud.

    Oregon requires that the CHL paperwork be in your immediate possession, when carrying concealed:

    ORS 166.262 Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370.

    A peace officer may not arrest or charge a person for violating ORS 166.250 (1)(a) or (b) or 166.370 (1) if the person has in the person’s immediate possession a valid license to carry a firearm as provided in ORS 166.291 and 166.292. [1999 c.1040 §5]
    ORS 166.250 Unlawful possession of firearms.

    ...

    (5) Unlawful possession of a firearm is a Class A misdemeanor. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8; 2009 c.499 §1; 2009 c.595 §112]
    Meaning, if you don't have the CHL in your immediate possession then you are subject to being arrested and charged with a Class A Misdemeanor. Wouldn't surprise me that the CHL might be revoked, but that's probably going to be up to the Sheriff in the county where you live, whether you've got a history of other such infractions.



    Quote Originally Posted by IWLAFART View Post
    I keep a copy of my ccw permit, DL, and Insurance above the
    sun visor just in case I forget them. I don't know if that would be accepted but worth a try.
    As you pointed out, it is a copy. It's not the CHL itself. I'm guessing, but in snarky counties in Oregon I highly doubt it would be acceptable. Which is patently ridiculous, of course, since having the proof of status on you is what's being sought, not a technicality to get you revoked. A copy is proof. You'd think it would be sufficient in situations where, say, your wallet had been stolen recently. Still, I doubt it would fly. Ask your sheriff. (I think I'll ask mine as well, when I reapply soon.)

    BTW, having all that documentation in the car also subjects that information to being swiped if your car is broken into. Something to consider.
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  10. #10
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    Copy of CCW

    I my county in WV what they give you to carry (ccw permit) is a reduced size copy of the actual permit so it is legal.
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  11. #11
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by IWLAFART View Post
    I my county in WV what they give you to carry (ccw permit) is a reduced size copy of the actual permit so it is legal.
    I almost wish that were done here. Or, that the statute were de-fanged a bit to not criminalize folks for temporarily not having it with you when you're proven to be in the system and legit. One of the many little potholes we're all faced with.
    Your best weapon is your brain. Don't leave home without it.
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  12. #12
    Senior Member Array Grant48's Avatar
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    Quote Originally Posted by IWLAFART View Post
    I my county in WV what they give you to carry (ccw permit) is a reduced size copy of the actual permit so it is legal.
    Thats a good idea. A fullsize certificate to keep at home, and an ID card to keep in your wallet.

  13. #13
    VIP Member Array ron8903's Avatar
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    Or you could have simply clipped you badge on you belt

    Just kidding......................
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  14. #14
    Member Array oldogy's Avatar
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    So, had you been stopped while driving how would you even prove who you are, that you owned the car? The carry permit may have been a secondary problem. BTW, belated happy birthday.
    oldogy
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  15. #15
    Senior Member Array rolyat63's Avatar
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    No problem in Florida. Worst case is a $25 non-criminal penalty.

    The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
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