Informing officers of a CWP?

[AndeyHall]

According to SC state law, you are only required to notify an officer than you have a CWP IF and ONLY IF you have a concealed weapon on your person. This is contradictory to what you are taught in CWP courses. One of my professors at Clemson said that the only way that would be void is if there was case law saying otherwise. Does anyone know if there is such case law or if you aren't in fact required to notify them if you do not have a gun on you?

 

[Throttleup]

I do not know who taught you but my students are taught that you only have to advise an officer if you are actually carrying a concealed weapon. As per the law. Section 23-31-215 Para. 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 of Chapter 31 of 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 the permit holder." You can read the law on SLED's website South Carolina Law Enforcement Division. I suggest you print yourself a copy and read it.

 

[AndeyHall]

I do not know who taught you but my students are taught that you only have to advise an officer if you are actually carrying a concealed weapon. As per the law. Section 23-31-215 Para. 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 of Chapter 31 of 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 the permit holder." You can read the law on SLED's website South Carolina Law Enforcement Division. I suggest you print yourself a copy and read it.

No my instructor agreed with what you are saying but he said that SLED tells them and everyone else that you ALWAYS have to inform the officer. He and I both agree that having to tell an officer even if you are carrying is ridiculous.

 

[Throttleup]

OK, now I understand.

 

[AndeyHall]

Yeah sorry I didn't include that in my original post.

 

[AndeyHall]

But does anyone know the logic behind why they make you inform the officer if you are carrying? Because the guy that taught my class was a Sheriff Deputy in Anderson County and he didn't agree with it. He said that if you're carrying, that's your business and no one needed to know. And as per officer safety, if someone is planning on using it on you, you're going to find out when it's pointing in your face, and if they aren't going to use it on you, then what have you gained by knowing it's there?

 

[Caribou]

But does anyone know the logic behind why they make you inform the officer if you are carrying? Because the guy that taught my class was a Sheriff Deputy in Anderson County and he didn't agree with it. He said that if you're carrying, that's your business and no one needed to know. And as per officer safety, if someone is planning on using it on you, you're going to find out when it's pointing in your face, and if they aren't going to use it on you, then what have you gained by knowing it's there?

Some States require that you notify and some do not. Follow the law. If you are not sure about the law then error on the side of caution.

 

[Firefighterchen]

But does anyone know the logic behind why they make you inform the officer if you are carrying? Because the guy that taught my class was a Sheriff Deputy in Anderson County and he didn't agree with it. He said that if you're carrying, that's your business and no one needed to know. And as per officer safety, if someone is planning on using it on you, you're going to find out when it's pointing in your face, and if they aren't going to use it on you, then what have you gained by knowing it's there?

One of those feel good laws that only affect those that would do no harm to the officers anyways. Logic escapes a lot of law makers/enforcers, but at least it makes them feel warm and fuzzy inside.

 

[NCIC105]

According to SC state law, you are only required to notify an officer than you have a CWP IF and ONLY IF you have a concealed weapon on your person. This is contradictory to what you are taught in CWP courses. One of my professors at Clemson said that the only way that would be void is if there was case law saying otherwise. Does anyone know if there is such case law or if you aren't in fact required to notify them if you do not have a gun on you?

Every law needs to be tested...Professors don't write the laws, and a lot of laws are open to interpretation...you can test it for us....Just don't ask for money to defend yourself....Ask your professor if he has brushed up on SC law and passed the SC Bar exam...If he has, then get him to sign a contract stating he will defend you free of charge when or if you get arrested.

 

[NCIC105]

I'm retired LEO...Trust me not every officer you run across will feel as the deputy that trained you...He should be stripped of his license to teach...It is not for him to give his opinions...He is to tell you what the law states, No more no less.


If every LEO only charged people with the laws, they agreed with, then they would be violating the oath of office like Obama. My opinion of the law does not enter into the discussion or decision.

 

[Rocketgeezer]

A couple of times I was pulled over I was driveing my own vehicals, so when the officer ran my plate# basicly all my information pops up including mt CCW permit so when he walks up to the car, he's most likely on a higher degree of alert, there was never any issue made about haveing a gun but one moron did call another officer to "guard" me while he finished running my info and writeing the ticket.......he was probably a little mad cause when i went by him the traffic would not let him out to come after me untill he turned on his siren, by this time i was a good two blocks away, I was on my bike and i just pulled onto a side street and waited for him, got off the bike and sat on the curb, he flys up jumps out of the car, starts running his yapper about its a good thing I stopped or i would be going to jail, whats funny is when he calls this other cop to keep a eye on me, this second cop knows me and my bike from the shop I work at, and he tells the first cop that stopped me if I really wanted to get away I would have got away, especialy with a two block headstart..... and he was probably double pissed when he came back from vacation and found out I fought the ticket and won because he was not there to back up he story, he just assumed I'd pay the ticket, of course it did help my cause that this perticular officer, writes way more than he fair share of speeding/traffic tickets including one he writes to the judges sister for 51 in a 45 :haha:

 

[jhodge83]

A couple of times I was pulled over I was driveing my own vehicals, so when the officer ran my plate# basicly all my information pops up including mt CCW permit so when he walks up to the car, he's most likely on a higher degree of alert, there was never any issue made about haveing a gun but one moron did call another officer to "guard" me while he finished running my info and writeing the ticket.......he was probably a little mad cause when i went by him the traffic would not let him out to come after me untill he turned on his siren, by this time i was a good two blocks away, I was on my bike and i just pulled onto a side street and waited for him, got off the bike and sat on the curb, he flys up jumps out of the car, starts running his yapper about its a good thing I stopped or i would be going to jail, whats funny is when he calls this other cop to keep a eye on me, this second cop knows me and my bike from the shop I work at, and he tells the first cop that stopped me if I really wanted to get away I would have got away, especialy with a two block headstart..... and he was probably double pissed when he came back from vacation and found out I fought the ticket and won because he was not there to back up he story, he just assumed I'd pay the ticket, of course it did help my cause that this perticular officer, writes way more than he fair share of speeding/traffic tickets including one he writes to the judges sister for 51 in a 45 :haha:

not every state operates that way in tagging the CWP info to license plate info.

ie SC (where this is located) does not tag that info across

 

[AndeyHall]

A couple of times I was pulled over I was driveing my own vehicals, so when the officer ran my plate# basicly all my information pops up including mt CCW permit so when he walks up to the car, he's most likely on a higher degree of alert, there was never any issue made about haveing a gun but one moron did call another officer to "guard" me while he finished running my info and writeing the ticket.......he was probably a little mad cause when i went by him the traffic would not let him out to come after me untill he turned on his siren, by this time i was a good two blocks away, I was on my bike and i just pulled onto a side street and waited for him, got off the bike and sat on the curb, he flys up jumps out of the car, starts running his yapper about its a good thing I stopped or i would be going to jail, whats funny is when he calls this other cop to keep a eye on me, this second cop knows me and my bike from the shop I work at, and he tells the first cop that stopped me if I really wanted to get away I would have got away, especialy with a two block headstart..... and he was probably double pissed when he came back from vacation and found out I fought the ticket and won because he was not there to back up he story, he just assumed I'd pay the ticket, of course it did help my cause that this perticular officer, writes way more than he fair share of speeding/traffic tickets including one he writes to the judges sister for 51 in a 45 :haha:

not every state operates that way in tagging the CWP info to license plate info.

ie SC (where this is located) does not tag that info across

Your CWP in SC is not tagged to your plate, but it is tagged to your license. If it's a traffic stop and they run your license # they will see it.

 

[Throttleup]

Your CWP is not cross referenced to either your driver's license or your license plate in SC. Where did you get that info?

 

[AndeyHall]

Your CWP is not cross referenced to either your driver's license or your license plate in SC. Where did you get that info?

All the SCHP's that go to my church swear it is connected with your license and my CRJ professor also said it was. I'm not sure what her experience is with law enforcement in SC, but I do know her knowledge base goes way beyond the classroom and textbooks.

 

[Rocketgeezer]

Your CWP is not cross referenced to either your driver's license or your license plate in SC. Where did you get that info?

Here, your driver's licence and CCW uses the same number

 

[AndeyHall]

I just called SLED earlier today. You ONLY have to notify the officer IF & ONLY IF you are carrying.

 

[fas111]

I was stopped at a traffic check in Rock Hill last summer. Officer introduced himself and asked to see my drivers license, I pulled it out gave it to him and told him I had a conceled weapons permit and was carrying. All he asked was did I have the permit with me, I started to remove it from my wallet but he told me not to bother as he could see it.
Then he sent me on my way and told me thanks for being safe. Made my day.

 

[AndeyHall]

I was stopped at a traffic check in Rock Hill last summer. Officer introduced himself and asked to see my drivers license, I pulled it out gave it to him and told him I had a conceled weapons permit and was carrying. All he asked was did I have the permit with me, I started to remove it from my wallet but he told me not to bother as he could see it.
Then he sent me on my way and told me thanks for being safe. Made my day.

Does he teach classes? Anderson needs more cops like that. If gladly notify if they had that much sense about it.

 

[lakeman]

I was taught by my instructer, that if you have a CWP, and are approached by any law enforcement officer (police, sheriff, patrolmen, game warden), you are to inform him immediatly if you have a permit, regardless if you are or are not carrying.
I never could understand why this was the law, but believed it to be.