Duty to inform when not carrying

A

abbrigg

New member
Hello,

I've been searching around online with no luck. In South Carolina I know you have the duty to inform an officer when carrying, when you are not carrying, do you still have the duty to inform them that you are a cwp holder, just not carrying.
Also what about if you are in another state that does not have reciprocity (obviously not carrying) do you need to inform them that you're a cwp holder? (particularly MD,PA,NY state)
 
There is no state that requires you to even carry your permit when you are not also carrying your gun, and there is no state that requires you to inform the officer when you are not carrying a gun. South Carolina's law:

SECTION 23-31-215. Issuance of permits.
(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer:
(1) identifies himself as a law enforcement officer; and
(2) requests identification or a driver's license from a permit holder.

Notice the three conditions that must ALL be met in order to be required to inform the officer:
1. You are carrying a concealable weapon,
2. The officer identifies themselves as a law enforcement officer, AND
3. The officer requests ID or a driver's license.

In other states, you must inform according to that state's law, but none of them require informing the officer if you are not actually carrying a gun.

Here's an interesting fact.... duty to inform laws can only be imposed upon persons who are legally carrying a firearm. Duty to inform laws cannot be imposed upon those who are illegally carrying a firearm because such a law would violate the criminals' 5th Amendment right to not be forced or coerced into self incrimination. This is one very specific instance where criminals have more rights than law abiding citizens do.
 
There is no duty to inform police that you are not carrying. However many police departments can now access that information and see if you are licensed to carry. This may cause the officer to treat the incident differently.

Last year I was pulled over and although in my state there is no requirement to inform, I had done so. The officer was cool about it and we bullsh!ted guns for a bit. However what really annoyed me is that while we were talking he mentioned that when he ran my license and saw I had an LTCF and didnt inform him, this incident wouldve gone much differently.

Living near Philadelphia, between New Jersey and Maryland - both states have been none to target PA drivers who have carry licenses and find BS reasons to pull them over and search there car.

There is definitely a bias that can now be placed on us with there ability to access this information.
 
PhillySoldier said:
There is no duty to inform police that you are not carrying. However many police departments can now access that information and see if you are licensed to carry. This may cause the officer to treat the incident differently.

Last year I was pulled over and although in my state there is no requirement to inform, I had done so. The officer was cool about it and we bullsh!ted guns for a bit. However what really annoyed me is that while we were talking he mentioned that when he ran my license and saw I had an LTCF and didnt inform him, this incident wouldve gone much differently.

Living near Philadelphia, between New Jersey and Maryland - both states have been none to target PA drivers who have carry licenses and find BS reasons to pull them over and search there car.

There is definitely a bias that can now be placed on us with there ability to access this information.
Click to expand...

And when we cater to thugs like that we encourage their behavior to continue and get worse. I refuse to cater to them. I'm keeping my mouth shut about my permit and my gun if I am carrying it and if the cop wants to unlawfully detain me because he/she finds out from the state that I have a carry, this is the way I will explain it to the judge when I sue them for unlawful detainment. "Judge...Officer Bubba here found out information from state XYZ that I have been fingerprinted, I have had a background check done, and I have nothing criminal in my record that makes it illegal for me to carry a firearm. Then Officer Bubba used the information that he just obtained which was verification that I am a completely law abiding citizen, more 'upstanding' if you will than the average citizen in that I went to the extra lengths and expense to prove to the state that I am....he used that information as a basis to take more hostile actions and force against me than he would had I not had documented proof that I was a law abiding citizen with no record? To the reasonable person, the information that Officer Bubba received from the state should have had a calming affect, alleviating fears of a violent attack rather than causing them more fear. That's the way a reasonable person would react who understands what people go through to obtain a carry permit. Therefore, Officer Bubba having knowledge of the requirements to obtain the permit did not act as a reasonable person with such knowledge would be expected to."
 
NavyLCDR said:
And when we cater to thugs like that we encourage their behavior to continue and get worse. I refuse to cater to them. I'm keeping my mouth shut about my permit and my gun if I am carrying it and if the cop wants to unlawfully detain me because he/she finds out from the state that I have a carry, this is the way I will explain it to the judge when I sue them for unlawful detainment. "Judge...Officer Bubba here found out information from state XYZ that I have been fingerprinted, I have had a background check done, and I have nothing criminal in my record that makes it illegal for me to carry a firearm. Then Officer Bubba used the information that he just obtained which was verification that I am a completely law abiding citizen, more 'upstanding' if you will than the average citizen in that I went to the extra lengths and expense to prove to the state that I am....he used that information as a basis to take more hostile actions and force against me than he would had I not had documented proof that I was a law abiding citizen with no record? To the reasonable person, the information that Officer Bubba received from the state should have had a calming affect, alleviating fears of a violent attack rather than causing them more fear. That's the way a reasonable person would react who understands what people go through to obtain a carry permit. Therefore, Officer Bubba having knowledge of the requirements to obtain the permit did not act as a reasonable person with such knowledge would be expected to."
Click to expand...

Im not disagree w you my friend

I know a girl from my home town thats currently looking at a lot of prison time. She drove into jersey and apparently forgot she had her carry weapon. Pulled over to the side of he rode, threw it in her trunk and was sitting there in the car txting (not driving). Cop pulls over and asks what she is doing and she tells him txting. He then ran her, came back and said he saw a hollow point (illegal in jersey) on her floor board and wanted to search her car which she refused. The detained her for something like 12 hours waiting to get a warrant and eventually w warrant found her gun and hollow points in trunk. What I think is totally made up though is the "sighting of the hollow point" in the first place. If this truly happened that would have been cause for her arrest all on its own, not just a detainment while waiting on a search warrant. I know the deal they offered her was 5 yrs in prison which she turned down.
 
So i guess the question is do you want to tell them and hope that they're cool about it, or have them find out on their own and hope they're cool about it. Thanks for the info on the legal aspects
 
NavyLCDR said:
And when we cater to thugs like that we encourage their behavior to continue and get worse. I refuse to cater to them. I'm keeping my mouth shut about my permit and my gun if I am carrying it and if the cop wants to unlawfully detain me because he/she finds out from the state that I have a carry, this is the way I will explain it to the judge when I sue them for unlawful detainment. "Judge...Officer Bubba here found out information from state XYZ that I have been fingerprinted, I have had a background check done, and I have nothing criminal in my record that makes it illegal for me to carry a firearm. Then Officer Bubba used the information that he just obtained which was verification that I am a completely law abiding citizen, more 'upstanding' if you will than the average citizen in that I went to the extra lengths and expense to prove to the state that I am....he used that information as a basis to take more hostile actions and force against me than he would had I not had documented proof that I was a law abiding citizen with no record? To the reasonable person, the information that Officer Bubba received from the state should have had a calming affect, alleviating fears of a violent attack rather than causing them more fear. That's the way a reasonable person would react who understands what people go through to obtain a carry permit. Therefore, Officer Bubba having knowledge of the requirements to obtain the permit did not act as a reasonable person with such knowledge would be expected to."
Click to expand...

Beats getting shot by a nervous cop.

I live in a must inform state. I have friends that are LEOs and they are very clear they know if someone has a carry permit before they light them up.

The fact I have a CHP is linked to my drivers license. When they run a tag (either on over the radio or in car laptop) it brings up registered owner DL information which includes status of DL and CHP.
 
XD40scinNC said:
Beats getting shot by a nervous cop.

I live in a must inform state. I have friends that are LEOs and they are very clear they know if someone has a carry permit before they light them up.

The fact I have a CHP is linked to my drivers license. When they run a tag (either on over the radio or in car laptop) it brings up registered owner DL information which includes status of DL and CHP.
Click to expand...
If I am not carrying, I'm not talking to the law about my firearms in any way, shape, or form. If I am carrying and I'm asked I will inform. If they broke the law by asking me when they pulled me over for something completely unrelated, I'll make sure that breach of my rights gets dealt with after the fact.

If an officer gets jumpy with the likes of me, considering I have zero arrests nevermind no moving violations, then I'm in big trouble anyway. If a citizen such as myself gets them worried then they have no business being a LEO in the first place.

The Place to Be
 
XD40scinNC said:
Beats getting shot by a nervous cop.

I live in a must inform state. I have friends that are LEOs and they are very clear they know if someone has a carry permit before they light them up.

The fact I have a CHP is linked to my drivers license. When they run a tag (either on over the radio or in car laptop) it brings up registered owner DL information which includes status of DL and CHP.
Click to expand...

Living as a servant of an oppressive government....or......I'll take my chances of getting shot by a nervous cop. I will obey the law. Nothing more. If a cop shoots me for being nothing more than a law abiding citizen...so be it. Hopefully, at least, my family will be set for life between my life insurance and the settlement they get from the city or state the P.O.S. was working for at the time.
 
I'm currently a resident in Texas, and regardless, I will always inform an officer during a routine stop by providing him my LTC, driver's license, and car insurance. So, the question really doesn't apply if you're conscientious and professional about the permit.
 
lwagner07 said:
I'm currently a resident in Texas, and regardless, I will always inform an officer during a routine stop by providing him my LTC, driver's license, and car insurance. So, the question really doesn't apply if you're conscientious and professional about the permit.
Click to expand...
In the interest of objectivity, we have two nephews that are LEO's in a very blue state. They have told me on numerous occasions that they are in an if asked state and they don't want to see anything besides driver's license and registration. No carry permit unless asked and no insurance unless an accident has occurred.

Texas is a duty to inform state IF you are asked for identification during a traffic stop. So IF asked for your license then you are just following the law by disclosing your status as a legally concealed carry citizen. I have heard people say that they would move their firearm to a less accessible location during a stop also. That is incomprehensible to me if you are already legal. Nothing gets an Officer's awareness up more than seeing movement that looks like concealment after they initiate a stop.

The Place to Be
 
Had one interaction with LEO while carrying, a minor traffic collision. Cop arrived to do the paperwork, and per the law, I advised him I was armed.

He said OK, and went on with dealing with the accident and getting vehicles out of the roadway. When it came time for his paperwork, he asked for my DL and vehicle registration, never asked to see my CHP, I never showed it to him. Of course when he ran my DL, it verified that I had a valid CHP.
 
Ohio is a duty to inform state... IF AND ONLY IF YOU ARE ARMED.

Needless to say, a cop once tried to badger me into informing when NOT armed.

Never going to happen.

It's called "law enforcement", not "extra-legal whim enforcement".
 
Why would you inform an officer that you have a piece of plastic in your wallet ? No ! Each state has different rules. But none of them require you to inform when not ccw.


Sent from my iPhone using USA Carry
 
PhillySoldier said:
Im not disagree w you my friend

I know a girl from my home town thats currently looking at a lot of prison time. She drove into jersey and apparently forgot she had her carry weapon. Pulled over to the side of he rode, threw it in her trunk and was sitting there in the car txting (not driving). Cop pulls over and asks what she is doing and she tells him txting. He then ran her, came back and said he saw a hollow point (illegal in jersey) on her floor board and wanted to search her car which she refused. The detained her for something like 12 hours waiting to get a warrant and eventually w warrant found her gun and hollow points in trunk. What I think is totally made up though is the "sighting of the hollow point" in the first place. If this truly happened that would have been cause for her arrest all on its own, not just a detainment while waiting on a search warrant. I know the deal they offered her was 5 yrs in prison which she turned down.
Click to expand...

Spotted an article today about her. They scared her into accepting a year in prison

NJ Sentences PA Resident Meg Fellenbaum to A Year in Jail for Simple Possession - The Truth About Guns
 
Exactly. She had a weapon..... but if she just had a permit. You don’t inform the officer [emoji61]*♀️. This thread is about Duty to inform when not carrying ....


Sent from my iPhone using USA Carry
 
niceshootintex said:
Texas is a duty to inform state IF you are asked for identification during a traffic stop. So IF asked for your license then you are just following the law by disclosing your status as a legally concealed carry citizen. I have heard people say that they would move their firearm to a less accessible location during a stop also. That is incomprehensible to me if you are already legal. Nothing gets an Officer's awareness up more than seeing movement that looks like concealment after they initiate a stop.

The Place to Be
Click to expand...

Technically correct however there is no penalty in Texas for not providing your CHL
However, there have been accounts of officers sending a report to DPS for failure to notify, which may result in a suspension of the CHL

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.

HB2730 SECTION 12.15 Article 12ASec. 411.187 has been amended effective 9/1/09 to remove any penalty (sec 2a) for breaking 411.205 (above).


It's kind of a messed up deal in that it is legal to carry a firearm in a vehicle in Texas without a CHL and no requirement to inform what so ever unless specifically asked about weapons because 411.205 only applies to chl holders.

I would suggest informing however whenever stopped.

Sent from my SM-G900P using Tapatalk
 
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