Talking with LEO

[CharlesMorrison]

Ah, once again, I am glad I live in a "Free State". None of those issues apply here in Vermont.
No duty to inform and no CWP issued!

 

[WingRider]

A few counties in Colorado where the sheriff is not pro gun the check will come back as a suspicious person. Now that could be a little scary.

Hi Stan45,

Can you expand on this a bit? In CO, there is no statewide database, so how can any person be flagged as suspicious based on that information that supposedly doesn't exist on direction of a State Law? Thanks!

 

[NavyLCDR]

Now that you have all jumped on me. So, you are telling me that in Florida, a law enforcement officer that has a person's name, address and birth date cannot determine if that person has a CCW or not? Really? Then exactly how are they supposed to determine, in the field, if a CCW permit handed to them is valid and not revoked?

I never made any claims that license plate numbers were connected to CCW permits in any state. What I said was that the police officer can call in a license plate number and get back the registered owner's name, address and date of birth. Then they can take that name, address and date of birth and run a separate check for CCW permit status in states that maintain statewide databases.

No, I am not a JAG. I am an Aviation Maintenance Officer.

 

[WingRider]

Now that you have all jumped on me. So, you are telling me that in Florida, a law enforcement officer that has a person's name, address and birth date cannot determine if that person has a CCW or not? Really? Then exactly how are they supposed to determine, in the field, if a CCW permit handed to them is valid and not revoked?

I never made any claims that license plate numbers were connected to CCW permits in any state. What I said was that the police officer can call in a license plate number and get back the registered owner's name, address and date of birth. Then they can take that name, address and date of birth and run a separate check for CCW permit status.

No, I am not a JAG. I am an Aviation Maintenance Officer.

Fine question. I'm going to ask one of my LEO friends in CO about that because I've rather wondered that myself... Will let you all know if I learn anything.

 

[NavyLCDR]

Not true LEO's do not have access to Florida's data base as permits go thru Dept. of Agriculture. You still haven't answered my ? in another post. Are you a JAG?

Wow. That's funny. Florida Statute:

Statutes & Constitution :View Statutes : Online Sunshine

790.0601 Public records exemption for concealed weapons.—
(1) Personal identifying information of an individual who has applied for or received a license to carry a concealed weapon or firearm pursuant to s. 790.06 held by the Division of Licensing of the Department of Agriculture and Consumer Services is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such information held by the division before, on, or after the effective date of this section.
(2) Information made confidential and exempt by this section shall be disclosed:
(a) With the express written consent of the applicant or licensee or his or her legally authorized representative.
(b) By court order upon a showing of good cause.
(c) Upon request by a law enforcement agency in connection with the performance of lawful duties, which shall include access to any automated database containing such information maintained by the Department of Agriculture and Consumer Services.

So.....what do you say now, Seeya?

 

[NavyLCDR]

Fine question. I'm going to ask one of my LEO friends in CO about that because I've rather wondered that myself... Will let you all know if I learn anything.

Here is what Colorado law says about it (you have great protection in Colorado!):

C.R.S. 18-12-206 (2012)

18-12-206. Sheriff - issuance or denial of permits - report

(3) (a) Each sheriff shall maintain a list of the persons to whom he or she issues permits pursuant to this part 2. Upon request by another criminal justice agency for law enforcement purposes, the sheriff may, at his or her discretion, share information from the list of permittees with a law enforcement agency for the purpose of determining the validity of a permit. A database maintained pursuant to this subsection (3) and any database operated by a state agency that includes permittees shall be searchable only by name.

(b) (I) Notwithstanding the provisions of paragraph (a) of this subsection (3), on and after July 1, 2011, a sheriff shall not share information from the list of permittees with a law enforcement agency for the purpose of creating a statewide database of permittees, and any law enforcement agency that receives information concerning permittees from a sheriff shall not use the information to create or maintain a statewide database of permittees. Any information concerning a permittee that is included in a statewide database pursuant to paragraph (a) of this subsection (3) shall be removed from the database no later than July 1, 2011.

(II) Prior to the repeal in subparagraph (I) of this paragraph (b), the state auditor's office shall conduct a performance audit of the statewide database of permittees as provided in section 2-3-118, C.R.S.

(c) Except for suspected violations of sections 18-12-105 and 18-12-105.5, a peace officer may not use or search a database of permittees maintained by a law enforcement agency to establish reasonable suspicion for a traffic stop, or when contacting an individual, to justify probable cause for a search or seizure of a person or a person's vehicle or property.

Much better than in Florida, where the Department of Agriculture is REQUIRED by law to disclose permit information to LEO upon request.

 

[Seeya]

Wow. That's funny. Florida Statute:

Statutes & Constitution :View Statutes : Online Sunshine



So.....what do you say now, Seeya?

They must request the information from a non law enforcement agency during working hours. They do not have immediate access to it. Certain Leo's were using this information in inappropariate ways prior to this change to pull people over or stop them. Most recently a Chief of Police used pictures of Biker's on the State Senate and House Floor. In so doing he violated the law. It slows them down. A good thing for the law abiding. Now they leave footprints and provide a reason for the inquiry. The biker's are suing last I checked.

 

[Seeya]

Now that you have all jumped on me. So, you are telling me that in Florida, a law enforcement officer that has a person's name, address and birth date cannot determine if that person has a CCW or not? Really? Then exactly how are they supposed to determine, in the field, if a CCW permit handed to them is valid and not revoked?

I never made any claims that license plate numbers were connected to CCW permits in any state. What I said was that the police officer can call in a license plate number and get back the registered owner's name, address and date of birth. Then they can take that name, address and date of birth and run a separate check for CCW permit status in states that maintain statewide databases.

No, I am not a JAG. I am an Aviation Maintenance Officer.

I just looked at my Florida permit and it has no address on it. I believe this was another change to keep the info out of public venue. Also Leo's must have your permit in hand to run a check. It just isn't revealed upon an inquiry to the State LE databases.

My Dad served 29 years in Air Force first, flying B-25's thru B-29's then all types as Flight Maintenance at several base's Retired Out as Lt. Colonel 67, then Flying for Air America, Bought it in a Helio Porter in 71, Vietnam. Thanks for your service!