trying to find laws about notifying an officer you are carrying

Mike, if you're asking if you need to notify as a passenger, that is something I am rather curious about myself.

Have not been pulled over yet when someone else is driving, but existing laws do not specify (in Ohio, anyways) if you must notify when a passenger.
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Incorrect for Ohio. ORC 2912.16 (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, and 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;
 
Beat the drum slowly !!!

This question just keeps popping up and will not go away. .... ;)

What is so difficult or confusing about showing your CCW permit whenever you get pulled over? Y'all know the LEO is going to ask you for your license so just hand him both at the same time. Would you rather wait for him to ask you and everyone else in the car giving you confused looks? ... :eek:
It's really a no-brainer as you don't have to do a mental review of what state you are in. .... :rolleyes:

I know of one case where this was done, the LEO reviewed the info and never brought the subject up or pursued it. Just did his thing and and gave the driver a warning. What are we really afraid of?


Be Safe !!!
 
Basically, it's the idea that the traffic stop has NOTHING to do with me being armed. To begin with, I don't get stopped often since I make a concerted effort to obey traffic laws. That doesn't prevent me from being stopped for an inadvertant error like a light not working or just a bored cop looking for some action.
I personally don't care to be treated as a potential murderer just because I have a bad bulb. The premise that anyone with a gun is a danger to a LEO or any other person needs to be changed. I went through a discussion of this on another forum and it went all sorts of sidewise.
A person who carries a firearm legally is no more a danger than a mechanic who carries a wrench in his pocket. If the cop wants to ask if I'm armed, I have no problem answering and producing my license(actually in MO, it's an "endorsement" ON THE DRIVERS LICENSE).
Over 8-9 years I've had a CCW permit, I've had maybe 3 encounters with a LEO and was asked for my drivers license(once each in MO, KS, and Iowa). Each time the officer knew I had a permit from the response on the DL(since it is an "endorsement" on said license). The MO and KS troopers didn't even mention the fact but the city cop in Iowa got all sorts of hinky and wanted additional information like registration, insurance, and even asked to look through my Jeep (which I refused). That was prior to Ia passing the CCW law and I'm sure he was fishing for a sucker packing across the line.
 
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, and 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;
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Well, there we go then:D Thanks for the correction
 
Everyone is different. When doing a traffic stop i like it when i walk up ant they tell me they have a concealed gun or they hand me their concealed license. I just ask them where it is and then we continue. I figure they are mostly law abiding citizen it's the gang bangers at 2-3 am that you like to find a gun I'n their car then stick anything nag everything to them. Remember it's alot of attitude if I'm gonna cite you or not . I'd try to make stop easy and politely as possible hopefully just a warning and if you do get cited for speeding and were then oh well. It's life. We all have jobs to do
 
If you don't let me know of your concealed permit and weapon I'm gonna be ****** if i run you on radio and have to find out that way. Not scared. Just that you know the law and for you not letting me know I'm gonna cite you and turn it over and try to have your license pulled as long as i can. We need to help each other not the other way around
 
farmerboy said:
If you don't let me know of your concealed permit and weapon I'm gonna be ****** if i run you on radio and have to find out that way. Not scared. Just that you know the law and for you not letting me know I'm gonna cite you and turn it over and try to have your license pulled as long as i can. We need to help each other not the other way around
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So how are we supposed to know it's you and not Officer Harless? (you know, the crazy Ohio cop that routinely threatens to execute people he pulls over)
 
I don't know Hareless but i do know I'n Texas the concealed carry laws and if you're toting here you should too. No threats but that's just the way it is.
 
Actually, if I'm toting in Texas I don't have to notify because you don't recognize my MN permit -- but I can legally carry in my car anyway.

TrueStory.png
 
farmerboy said:
If you don't let me know of your concealed permit and weapon I'm gonna be ****** if i run you on radio and have to find out that way. Not scared. Just that you know the law and for you not letting me know I'm gonna cite you and turn it over and try to have your license pulled as long as i can.
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The law says that a TX CHL holder shall provide his CHL when asked for ID if he's carrying.

If he is not carrying he has no duty to inform nor any duty to present his CHL when asked for ID.

HOWEVER, a couple of years back the TX legislature changed the law about the informing/presenting a CHL when asked for ID even WHEN carrying. It is no longer an offense to fail to present the CHL when asked for ID and there is no penalty under law for failing to do so.

Here's the current law, scroll down to Sec. 411.205.
http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm

Here's the bill showing where the penalty sections used to be and that they've been removed. Scroll down to Sec. 411.205. to see the strikeouts.
http://www.legis.state.tx.us/tlodocs/81R/billtext/html/HB02730F.HTM

So you can not cite someone for failing to present a CHL when asked for ID when carrying because it is not an offense. If you do it anyway, they will not be penalized and their license certainly won't be suspended.

Old Section with removed sections highlighted in red.

Sec. 411.205. REQUIREMENT TO DISPLAY
(a) 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. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.
(b) A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (a) after previously having had the person's license suspended for a violation of that subsection. An offense under this subsection is a Class B misdemeanor.​

New Section. Note that it is only applicable if the person is carrying, that there is no longer any penalty for failing to inform and that failing to inform is no longer listed as an offense.

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.​
farmerboy said:
We need to help each other not the other way around.
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My sentiments exactly. If an LEO is going to make a point of enforcing a particular law then that LEO needs to know what the law actually says. Otherwise we're not helping each other.
 
John, if you're gonna try and play like you're on your game with this. I'd suggest you go more I'n depth and what the law actually is and for this and the penalty.
 
The TX statutes are posted online. I provided links and quotes from the statutes to support my statements, you can do the same if you believe my comments are incorrect or that my assessment is inaccurate or incomplete.

What's more, if you can demonstrate that there is still a penalty for failing to inform, I'll be happy to admit I'm wrong. Because I actually do believe that citizens and police officers need to help each other.

Here's some more information on the topic from the Texas Department of Public Safety website.

http://www.txdps.state.tx.us/administration/crime_records/chl/chlfaqs.htm

64. I have a friend that had his license suspended for ninety (90) days for failing to display his license when a peace officer asked him for identification. What happens if the officer does not ask for the CHL, am I still required to display my handgun license to the officer if I am carrying a handgun? Will my license be suspended?

Yes. Pursuant to GC 411.205(a), you must still display your concealed handgun license if you are carrying a concealed handgun when asked for identification by a peace officer or magistrate. However, as of September 1, 2009 there is no longer a ninety (90) day suspension for failure to display your license.​
 
No CC permits here in VT, we have some of the most relaxed gun laws in the country.

However, I wouldn't dream of not telling a LE officer that I have weapons on my person/in my vehicle if I were pulled over. We're (hopefully) on the same side of the law.
 
This is going in a similar direction to the one I had on another forum. An officer makes a statement about what he'll do if everyone doesn't meet his expectations of total submission.
I'm not in TX and have no plans of ever going there BUT I don't like to be bullied or threatened by some ego stroker with a badge. I'll be polite and provide the required info but I won't suck your tutu. If the purported infraction warrants a citation, so be it. If your enforcement of the law is based on whether or not the driver is giving out ego blow, that's wrong. A uniform and a gun does not intimidate me. I've faced a lot of uniformed guys with guns bigger than yours and they wanted to kill me from the get go.
I say again. My being armed has nothing to do with whatever the TRAFFIC enforcement issue is and there is no reason for me to provide more information than what is required to determine that I am licensed to drive, have proof of insurance, and the vehicle is legally owned and licensed.
I don't see the need to tell the cop where I'm going, why I'm going there, where I've been, or what I had for lunch. It's just a fishing expedition, they're not making friendly conversation.
 
I just looked up the law for Louisiana, and I'm surprised to find that Louisiana requires notice. Without posting a bunch of legalese, the link can be found here: LINKY

However, I've been a cop in Louisiana for thirty years and I've only been notified, maybe a half-dozen times that someone is carrying. I've never felt a need to disarm someone who was legally carrying. I can go so far as to state for the record that I have never had a problem with someone who was carrying legally.

I work in a fairly rural area, and Louisiana is a very gun-friendly state, and I just assume that every car I stop has a gun in it somewhere. That's not a problem and in Louisiana, carrying a gun in your car is a constitutionally protected activity.

As a matter of fact, Louisiana goes so far as to say, in another statute: The provisions of this Section shall not apply to: Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle. Ya gotta love a state with verbiage like that.
 
This is going in a similar direction to the one I had on another forum. An officer makes a statement about what he'll do if everyone doesn't meet his expectations of total submission.
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It's reasonable for an officer to take steps to enforce laws when they are violated, and farmerboy's comments would have been fully accurate as recently as 30 August 2009. Failing to inform would have warranted a citation and possible CHL suspension at that time.

There are a lot of laws on the books and they change from time to time. It's not surprising that a person, even an LEO might not be 100% up to date on every single law for his state, especially ones that have changed recently.

That's one of the useful aspects of these discussions. They can either provide information or prompt a person to investigate/research a topic and thus become better informed.
 
Guess it's just me but wouldn't the better question be if you were an oficer, would you like to know who is carrying if you pulled them over? I know a few bad apples are out there. But most of your leo's are still honest. Thats why I inform that I have a license and if im carrying or not. Just to ease there minds and there more pleasant to deal with.
 
that makes sense rookie, but on the other hand one can't control everything and I have found that when you try to do this it usually just leads to frustration and extra time being focused on babysitting things. the bottom line is some civilians don't care what the LEO thinks, and he/she is not in the wrong when choosing not to notify if it isn't a law. I myself am pro notification for the most part, but I admit I haven't on every occaison. I do know ahead of time when travelling what states require it. I have noticed many officers state it is a law even when it isn't(not speaking my experiences only//I was only told this once personally).
 
problem I find is with carrying and riding so many laws in different states. I wish they could come up with a sign to give you heads up about carrying and helmet laws under the welcome to state sign!
 
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