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Duty to inform while not carrying

6466 Views 81 Replies 39 Participants Last post by  oldman45
Could someone refresh my memory as to whether this is fact. Is there a " duty to inform" to present your CCW permit If there is any interaction between you an a LEO even if you presently are not carrying an included not having a weapon in you vehicle if it's a traffic stop.
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Not required to notify in Michigan if you are not carrying. Check here: Handgunlaw.us for the state you are concerned about.
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If you are not carrying there is no need to present your permit.
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I would say it depends on your state. In North Carolina, you're not required to notify if you don't have a gun on your person or in your car.
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In Ohio LEO say its just a common courtesy to tell them when your not carrying
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In Ohio LEO say its just a common courtesy to tell them when your not carrying
To tell them when you are not carrying? Why does that seem silly to me?
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Duty to inform "when asked" in Illinois... If you're unarmed, there's no reason to tell... If I'm stopped, I'm going to let them know up front I'm licensed then let them know I'm armed. All the while with my hands on the wheel in plain sight..
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When I had my class in Ohio (2004) they told us to inform when carrying or not.
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To tell them when you are not carrying? Why does that seem silly to me?
Because it is.
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Why would I not be carrying?
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To tell them when you are not carrying? Why does that seem silly to me?
You are correct. It is silly. There is absolutely no need to notify if you're not carrying in the State of Ohio, courtesy or otherwise. Sorta like telling the LEO; Officer I drink but I'm not drinking and driving.

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.
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If an officer runs your DL, and it comes back that you are licensed to carry, it may make him nervous that you didn't say anything. I see no reason why you would not want to tell him up front.
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I do not know why one would not voluntarily present it with your drivers license - even if you are not carrying. Chances are he already has been given the information about your permit to carry before leaving his car. Failure to show it only ads to his uncertainty and wariness about you. He does not see the halo hanging over your head. It is up to you at the very earliest to demonstrate that you are not a threat. Doing everything right and with politeness may also get you out of a ticket. Has for me.
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If an officer runs your DL, and it comes back that you are licensed to carry, it may make him nervous that you didn't say anything. I see no reason why you would not want to tell him up front.
Why, ???licence holders here in Tx are the most law abiding demographic in the state. 6x less crimes than LEO according to DPSs own records. Pulling that up should be a comfort IMO. Not that they should let down their guard. Certainly not a cause for heightened alarm.
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I do not know why one would not voluntarily present it with your drivers license - even if you are not carrying.
In North Carolina, it states right on the official NC Department of Justice website that one should NOT present their permit unless requested to do so by an officer. It doesn't matter if you do or do not have a gun with you. Other states may vary.
There is no state that requires notification to LEOs of the possession of a concealed carry permit when the person is not in possession of a firearm.
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To tell them when you are not carrying? Why does that seem silly to me?
That's how I feel about it too. I'm not telling anyone all the licenses I have ... when I'm not participating in whatever it applies to. Should I show them my pilots license too ? I was asked for a DL once by an officer, told him didn't have it on me ... and he asked why .... told him because I don't need it and I'm not driving a car.
DUH !!
If an officer runs your DL, and it comes back that you are licensed to carry, it may make him nervous that you didn't say anything. I see no reason why you would not want to tell him up front.
Because there's an equal chance that telling an officer you're armed could make them just as nervous. Not all departments have that ability anyway, likely far less than most think.

Also, just because you heard something in your concealed carry class doesn't make it the law, or a good idea. A friend of mine took a class given by a local deputy. He told them that if they were in a shooting, to make sure the other guy died, so he couldn't testify against you. Neither the law, nor a good idea.

If I was involved in a situation (accident, breakdown) where I had to get out of the car, I might let the officer know, especially if I was OC at the time. Otherwise I likely won't.
It's allways best to be up front, wheather it's an LEO encounter, ot taking the last donut. The more we give the Blue the benefit of the doubt, the less likely such encounters will go south. ('Cept maybe the donut thing.......)
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