Should It Be Obligatory to Notify LE That You Are Carrying Concealed With a Permit?

Should It Be Obligatory to Notify LE That You Are Carrying Concealed With a Permit?

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Coyote Blue

Coyote Blue

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This question has been asked occasionally. So we'll poll it. Currently only 10 states require notification upon Official Contact. In this context we are talking about official contact while driving.

Those 10 states are Alaska,Arkansas,Louisiana,Michigan,Nebraska,North Carolina,Ohio,Oklahoma,South Carolina and Texas.
And in Texas even if you don't notify, it is now no harm no foul. Figure that out!
Utah was the last state to drop the requirement in 2010.

So after that ado,is it the wiser course to remain silent per 39 states or to comply with the 10 in the minority?

All thoughts and votes are appreciated.

Note.Illinois does not allow CC. Not yet,but hopefully soon.
 
I disagree with you on one count: It is the law in Texas that you must notify law enforcement upon first official contact. So if you don't notify, it is 'foul'.
 
UATKP said:
I disagree with you on one count: It is the law in Texas that you must notify law enforcement upon first official contact. So if you don't notify, it is 'foul'.
Click to expand...


It may be foul morally,Al, but legally there is now no penalty. The law was changed in 2011.

http://handgunlaw.us/states/texas.pdf

Handgunlaw.us

Must Inform Officer Immediately on Contact By Law?
“YES”
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.
Note:
When an Officer ask you for ID you must then give them your Permit/License to Carry
,
if you are
carrying at that time
when you give them your ID. If not
you are breaking the law. There is no penalty if you
don’t inform them but as a law abiding citizen we must follow the law.
Click to expand...
 
In Oklahoma you must inform the officer that you are carrying and present your permit with your drivers license. But, we know that when they check your tag for the owners name that the permit info will show up as well. They know. But you have to tell them anyways.
 
The first priority of any LEO is to go home safe at the end of their shift. I'd rather let them know than have them find out accidentally and possibly shoot me. After all, my first priority is to get home safe too.
 
It should not be obligatory. It should be your choice whether you want to or not, depending on the situation.
 
If a criminal is going to use a gun to commit a criminal act anyway, are they going to obey the notification law? NO. This is one more example of a 100% useless law because it only affects the group of people who would not use their gun to commit a crime to begin with. These laws do absolutely nothing to make anyone safer.

In a state where notification is not required, I am not going to tell the officer about any item in my legal possession, including my gun or my CPL. The gun has nothing more to do with the traffic stop than my computer in the case on the back seat, the CDs in my glove or the tire iron in my trunk. Notifying the officer of the gun accomplishes one thing - it invites them to handle the gun that is safest when it is in the holster not be handled by anyone. I will not extend an invitation to the officer to needlessly handle my firearm which will put themselves, bystanders, and me at unneeded risk of a negligent discharge if they choose to handle it. Both the officer and I want to go home safe at the end of the day, and the best chance of that happening is for my gun to stay in the holster, and the best chance of that happening is to keep my mouth shut and not offer him an invitation to fondle it for no reason.
 
Living in a no requirement to notify state, my normal action would be to say nothing at a traffic stop. Should there be any reason to exit the car, I would probably tell the officer at that point, because the possibility of exposure then exists.

Why should we be required to notify LEO that we are doing something legal? As noted previously, this is just another sort of law that would only be followed by the law abiding, only applies to those that follow the law in the first place in getting a permit.

Look at it this way. If the law was written that ANY person carrying a concealed weapon was required to notify LEO, then it would be unconstitutional. A felon, carrying a weapon, can not be compelled to incriminate himself.

So, it's just a law that harasses the law abiding. Either version.
 
ABSOLUTELY NOT!!! YOU SHOULD NOT EVEN NEED A PERMIT TO EXERCISE A RIGHT!!! Do we need permits to exercise our right to free speech?
 
I would not make it mandatory, but I do it because I carry my cell phone and wallet in a rig that looks like a shoulder holster. If it is not mandatory handing your permit with your license and registration without speaking would work too.
 
sdprof said:
Look at it this way. If the law was written that ANY person carrying a concealed weapon was required to notify LEO, then it would be unconstitutional. A felon, carrying a weapon, can not be compelled to incriminate himself.
Click to expand...

And that is a very good point. Most of the "must notify" laws, if not all of them, only apply to those people who are legally carrying a firearm with a permit, and the law does not even require those illegally carrying to notify!
 
I had this discussion with an acquaintance of mine who is a state patrol officer. He brought up some very good points.

1. He already approaches the vehicle/situation assuming that you have a firearm.

2. All of the CCW carriers who have notified him (handed over DL with CCW permit underneath and stating that they're armed) have presented some sign that they're carrying (nervousness, hands clamped on steering wheel, etc.).

3. He would rather know at the get go that someone is carrying, rather than find out at a time when things may be tense and have the situation needlessly deteriorate.

4. He acknowledges that once you declare, it is up to the individual officer how the situation gets handled (leave it alone versus disarming the individual). He doesn't feel the need to and leaves it alone for "routine" stops.

5. He reiterated the point that at the end of the day, it's in everyone's best interest to get home safely.
 
Unless I'm suspected of a crime, I don't think anyone should be notified that I'm exercising my 2A rights. Unfortunately, I live in one of the "must notify" states.
 
BUmmedic said:
I had this discussion with an acquaintance of mine who is a state patrol officer. He brought up some very good points.

1. He already approaches the vehicle/situation assuming that you have a firearm.

2. All of the CCW carriers who have notified him (handed over DL with CCW permit underneath and stating that they're armed) have presented some sign that they're carrying (nervousness, hands clamped on steering wheel, etc.).

3. He would rather know at the get go that someone is carrying, rather than find out at a time when things may be tense and have the situation needlessly deteriorate.

4. He acknowledges that once you declare, it is up to the individual officer how the situation gets handled (leave it alone versus disarming the individual). He doesn't feel the need to and leaves it alone for "routine" stops.

5. He reiterated the point that at the end of the day, it's in everyone's best interest to get home safely.
Click to expand...

Disarming, unless a person is under suspicion of having committed a crime, is a clear 4th Amendment violation. Under no circumstances would I allow the LEO to take my firearm. I would demand that a supervisor be called and I would record the entire incident.
 
BUmmedic said:
5. He reiterated the point that at the end of the day, it's in everyone's best interest to get home safely.
Click to expand...

How does my telling a police officer about my lawfully carried firearm which is safe and secure in it's holster and which I want to stay safe and secure in it's holster do anything more to ensure that everyone goes home safe at the end of the day?
 
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