passenger in a car, duty to inform?

[homebrewer]

Last week I was riding with two of my coworkers on our way to a client. I was not driving, but was carrying my pistol. Neither of my coworkers know I carry, in fact no one at work knows that I even own a gun.

Hypothetically, if my coworker was to have been pulled over for a minor traffic infraction, would I have had to tell the officer I was carrying, even if he did not address me? Obviously if I was driving, I would, but what are the laws as a passenger?

 

[CHenry]

I think no. Well see if I'm right...

 

[bigfug]

Since notification is not required if you are a passenger and its not in the vehicle, I would assume the opposite is true, if you are a passenger and it is in the vehicle you are required to notify.


TITLE 21 § 1290.8 POSSESSION OF LICENSE REQUIRED-NOTIFICATION TO POLICE OF GUN
C. 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. Any violation of the provisions of this subsection
shall, upon conviction, be a misdemeanor punishable by a fine not exceeding One Hundred Dollars ($100.00)

 

[CHenry]

I was wrong.

 

[Coded-Dude]

There is a lot of debate on this one IIRC. If you were never in contact(i.e. the officer wasn't addressing you directly) then some say keep quiet. Others disagree.

 

[SMS]

Unless the officer asks me for identification or asks me a question, I'm sitting still and quiet with my hands in plain sight.

 

[Swab]

IANAL, but I would say until he asks you for ID or makes official contact with either you directly or the vehicles occupants as a group, you have no duty to inform.

Sent from the land of teepee's and buffaloes

 

[Pulp]

My instructor told us we should ask the driver to inform the officer. In your case it might have been a shock to the driver when you brought that up.

 

[lkothe]

OHP buddy said unless he addresses YOU, no need.
But that may be his interpretation.

 

[travisstorma]

OHP buddy said unless he addresses YOU, no need.
But that may be his interpretation.

That's pretty much what a LEO buddy of mine told me. He said the passenger is technically free to go since the infraction is with the driver.