I have a question for the group concerning when one is required/should notify a LEO that you are carrying. This would exclude the obvious that is cited in the SDA --"arrest, detainment or routine traffic stop".
A. It shall be unlawful for any person to fail or refuse to identify the fact
that the person is in actual possession of a concealed handgun pursuant
to the authority of the Oklahoma Self-Defense Act when the person
first comes into contact with any law enforcement officer of this state
or its political subdivisions or a federal law enforcement officer during
the course of any arrest, detainment, or routine traffic stop. No person
shall be required to identify himself or herself as a concealed handgun
licensee when no handgun is in the persons possession or in any vehicle in which the person is driving or is a passenger. Any violation
of the provisions of this subsection shall, upon conviction, be a
misdemeanor punishable by a fine not exceeding Five Hundred Dollars
($500.00), by imprisonment in the county jail for a period not to exceed
ninety (90) days, or by both such fine and imprisonment. In addition to
any criminal prosecution for a violation of the provisions of this
subsection, the licensee shall be subject to a six-month suspension of
the license and an administrative fine of Fifty Dollars ($50.00), upon a
hearing and determination by the Bureau that the person is in violation
of the provisions of this subsection.
This question comes up from an incident my son was involved in a short time ago. He was to meet a Tulsa Deputy Sheriff at a property where the Deputy was to serve an eviction on a person living in my son's property. My son was standing in the driveway of the property when the Deputy arrived and asked if my son was Mr. so and so. My son responded and then told the Deputy that the person living at the property had filed a legal motion to postpone the eviction. The Deputy returned to car to look at his computer and my son followed and remembered to notify that he was carrying. The Deputy responded that he was supposed to notify him immediately. Son apologized and the Deputy did not bring it up again.
This is where my question comes into play. As this was not an arrest, detainment or routine traffic stop, was my son actually in violation of the SDA? I don't have any problem with the notification process but certainly want to understand when it is required. If you are in the store and a LEO gets in the check out line behind you and says howdy, are you required to notify before you acknowledge him. One can think of countless times you might come into contact with a LEO during a normal day.
I am not questioning the law or the purpose, nor the LEO's need to know, just exactly when is it required. Do not want to ever be in violation.
Thanks to any who respond.
A. It shall be unlawful for any person to fail or refuse to identify the fact
that the person is in actual possession of a concealed handgun pursuant
to the authority of the Oklahoma Self-Defense Act when the person
first comes into contact with any law enforcement officer of this state
or its political subdivisions or a federal law enforcement officer during
the course of any arrest, detainment, or routine traffic stop. No person
shall be required to identify himself or herself as a concealed handgun
licensee when no handgun is in the persons possession or in any vehicle in which the person is driving or is a passenger. Any violation
of the provisions of this subsection shall, upon conviction, be a
misdemeanor punishable by a fine not exceeding Five Hundred Dollars
($500.00), by imprisonment in the county jail for a period not to exceed
ninety (90) days, or by both such fine and imprisonment. In addition to
any criminal prosecution for a violation of the provisions of this
subsection, the licensee shall be subject to a six-month suspension of
the license and an administrative fine of Fifty Dollars ($50.00), upon a
hearing and determination by the Bureau that the person is in violation
of the provisions of this subsection.
This question comes up from an incident my son was involved in a short time ago. He was to meet a Tulsa Deputy Sheriff at a property where the Deputy was to serve an eviction on a person living in my son's property. My son was standing in the driveway of the property when the Deputy arrived and asked if my son was Mr. so and so. My son responded and then told the Deputy that the person living at the property had filed a legal motion to postpone the eviction. The Deputy returned to car to look at his computer and my son followed and remembered to notify that he was carrying. The Deputy responded that he was supposed to notify him immediately. Son apologized and the Deputy did not bring it up again.
This is where my question comes into play. As this was not an arrest, detainment or routine traffic stop, was my son actually in violation of the SDA? I don't have any problem with the notification process but certainly want to understand when it is required. If you are in the store and a LEO gets in the check out line behind you and says howdy, are you required to notify before you acknowledge him. One can think of countless times you might come into contact with a LEO during a normal day.
I am not questioning the law or the purpose, nor the LEO's need to know, just exactly when is it required. Do not want to ever be in violation.
Thanks to any who respond.