Pistol stored in a locked safe under my car seat. Duty to inform officer?

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homebrewer

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I have my loaded keltec p32 and holster stored in a stack on combination mini safe that is stored under my car seat (bolted in w a cable).

If I was for some reason to be pulled over by the police, would I be required to notify them about the firearm? Or, because it is inaccessible to me or anyone else due to it being locked up, not mention it at all?
 

tRidiot

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You don't want to hedge your bets on this.

If you have a permit, inform.

If you don't have a permit, unload and I would say inform, also, although I don't have law to back that up - the informing, not the unloading. Unloading (both chamber and magazine) is mandatory without a permit.
 

zirrow

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bit of a side-track here, but in the situation of the OP, if the gun were not loaded and you have an OK SDA permit, is there still a duty to inform?
 

tRidiot

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bit of a side-track here, but in the situation of the OP, if the gun were not loaded and you have an OK SDA permit, is there still a duty to inform?

If it is not being carried pursuant to the SDA, then I am not sure if there is STILL a duty to inform... although on this I also always err on the side of caution. Keep in mind that some LEOs in the state have the capability to see when running your info that you have been issued an SDA permit. Personally I would not want to be on the side of the road in the middle of the night with a pissed off LEO chastising me for not informing him. Frankly, if he is back in his car and runs your info, finds out you have a permit, but you didn't tell him, he might assume that you are carrying a weapon and did not want to inform him of that, for some reason. This could result in a very awkward situation with you trying to explain yourself and say that, yes, you DO have a gun in the vehicle, but it's not loaded at the moment, blah blah blah. Not a position I would want to be in.

My goal during every traffic stop is to convince the LEO that I am one of the good guys, that we are on the same side and I am nothing he needs to worry about or be a threat. I am one of the guys who would back him up if he needed it, someone who makes his job easier and safer. Trying to play semantics and "letter of the law" to try to get away with informing as little as possible isn't in my vocabulary in that situations, frankly.

Even if I'm not carrying, I simply present my permit along with my license. This is at the front portion of any encounter and takes care of notification without being a big deal, without saying it in front of anyone else who might be listening, and allows him the opportunity to then pursue any further questioning on the matter. It's always worked out quite well for me in this regard and almost every LEO I've dealt with has appreciated it.

That's just my philosophy.
 

papa

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Recently my daughter was in a license check point situation and the LEO when checking her drivers license noticed her SDA license and was pretty stern when she didn't present it to him. The weapon wasn't in the vehicle so she thought she didn't have to present the license as per her training. The LEO stated that now you are to let them know you have a license to carry even if you are not carrying in the vehicle at the time of the contact.

I couldn't find that in the year old SDA book I have but it is possible this is current policy. Does anyone know if this is true or was the officer just messing with her?
 

zirrow

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Recently my daughter was in a license check point situation and the LEO when checking her drivers license noticed her SDA license and was pretty stern when she didn't present it to him. The weapon wasn't in the vehicle so she thought she didn't have to present the license as per her training. The LEO stated that now you are to let them know you have a license to carry even if you are not carrying in the vehicle at the time of the contact.

I couldn't find that in the year old SDA book I have but it is possible this is current policy. Does anyone know if this is true or was the officer just messing with her?

TITLE 21 § 1290.8c
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).
 
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