Carrying as a passenger during a tragic stop ?

[SMS]

If I'm a passenger, and the officer is not interacting with me...I will sit with my hands in view and keep my trap shut until I'm asked for ID, asked any other questions, or given any commands.

 

[hrdware]

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2012.pdf starting around page 6 is the part where carrying and providing info to an officer.

Excerpt one:

The person shall be required to have possession of his or her valid handgun license and a valid Oklahoma driver license or an Oklahoma State photo identification at all times when in possession of an authorized pistol. The person shall display the handgun license on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand.

Excerpt two:

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 or unconcealed 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. Said identification to the law enforcement officer shall be made at the first opportunity. No person shall be required to identify himself or herself as a handgun licensee when no handgun is in the possession of the person or in any vehicle in which the person is driving or is a passenger.



There are a few parts skipped but they basically lay down the penalties for failures to identify and have the license on your person while carrying a firearm. But basically if you are a driver or passenger in a vehicle and there is a firearm in the vehicle you should identify just to cover your butt even if you are not carrying and someone else is or there is a handgun in the vehicle.

If an officer never talks to me as the passenger, at what opportunity do I have to let them know I am carrying a firearm?

 

[BadgeBunny]

If I'm a passenger, and the officer is not interacting with me...I will sit with my hands in view and keep my trap shut until I'm asked for ID, asked any other questions, or given any commands.

This is me ...

 

[Sam Shoun]

Regardless of the technicality of the law or the cop's procedures, I prefer to avoid a percieved (correctly or not) failure to notify. Driving or as a passenger, out of courtesy to the officer and other occupants of the vehicle, I have my carry license in one hand (both hands visible, of course), and try to position so the license is visible as the cop approaches. If I'm driving, I leave my DL and documents on the dash or console. So all I'm holding is the carry license.

Of course, I don't get pulled over much, or ride with people who do. So my methods are not heavily tested.

ETA: To answer the OP's question of whether one is supposed to notify... I believe the question hinges on the definition of the term "contact" with LE during a traffic stop. I personally feel that being in a vehicle that is stopped by LE is contact, and requires notification. You could argue it differently with a cop or court, but do you want to?

 

[SoonerP226]

This is me ...

Somehow, I took you for the "Officer, he doesn't know what he's saying when he's been drinking" type...

 

[SoonerP226]

Of course, I don't get pulled over much, or ride with people who do. So my methods are not heavily tested.

Same here, but I don't do jack, other than roll down the window (and turn on the interior lights if it's dark) then put my hands on the wheel, until the officer asks for my license and insurance card. Then I pull out my wallet and hand over DL, SDA card, and insurance; I'm rarely carrying in the car, but there's usually a gun in it somewhere...

 

[BadgeBunny]

Somehow, I took you for the "Officer, he doesn't know what he's saying when he's been drinking" type...

LOL ... Naw ... I'm more of the "You just wait 'til I get your sorry ass home" type!

 

[Shadowrider]

If I'm a passenger, and the officer is not interacting with me...I will sit with my hands in view and keep my trap shut until I'm asked for ID, asked any other questions, or given any commands.

This was the camp I was in. But after reading the statute again, as is usual with Oklahoma statutes, there are multiple ways to interpret. They need to provide a definition for "contact with any law enforcement officer". Just a conversation that starts out with "how are you doing today" is not my idea of an official contact unless it moves clearly to some official business, but others will have a different opinion.

 

[vvvvvvv]

They need to provide a definition for "contact with any law enforcement officer".

There is a qualifier:

"during the course of any arrest, detainment, or routine traffic stop"

 

[twoguns?]

There is a qualifier:

"during the course of any arrest, detainment, or routine traffic stop"

That was my point, IF your a passenger...are YOU being detained?