When I had the pleasure of sitting in the front seat of an OHP cruiser the trooper scanned my license and within a few seconds asked me if I had my weapon with me. I told him no and he printed a warning and told me to slow down and have a nice day.
Pistol stored in a locked safe under my car seat. Duty to inform officer?
- Thread starter homebrewer
- Start Date
When I had the pleasure of sitting in the front seat of an OHP cruiser the trooper scanned my license and within a few seconds asked me if I had my weapon with me. I told him no and he printed a warning and told me to slow down and have a nice day.
I have my permit, I was mostly just curious what the legal status of the pistol is if it is locked in a safe. Believe it or not, I've never been pulled over by the police, so I wanted to make sure I don't break the law if for some reason I was.
being locked in a safe has no bearing.
Law says, if you have a license, and come in contact with a LEO during the course of a arrest, detainment, or traffic stop, you are required to inform him that you have a license and gun a the first opportunity.
makes no difference if it is in a locked box or not.
Law says, if you have a license, and come in contact with a LEO during the course of a arrest, detainment, or traffic stop, you are required to inform him that you have a license and gun a the first opportunity.
makes no difference if it is in a locked box or not.
If the weapon is unloaded and locked in the trunk, with a CCL you have to notify, but how about without a CCL? Other then to be nice.
Can you site the law for this? The only thing I can find in the SDA relevant to this it the paragraph I posted above (TITLE 21 § 1290.8c). This states that if the firearm is carried under the authority of the SDA (ie. loaded), you have a duty to inform. Otherwise, you are not carrying under the authority of the SDA, so you do not meet the criteria for a duty to inform.
It's the difference between transporting and carrying.
If the gun is loaded you are considered to be carrying it,,,
Even if it is in a locked box,,,
You must notify.
If the gun is not loaded you are considered to be transporting a weapon,,,
No need to notify.
This is what I was told by a Payne county Assistant DA.
Aarond
.
If the gun is loaded you are considered to be carrying it,,,
Even if it is in a locked box,,,
You must notify.
If the gun is not loaded you are considered to be transporting a weapon,,,
No need to notify.
This is what I was told by a Payne county Assistant DA.
Aarond
.
That is correct. If it's unloaded and is otherwise being transported in compliance with all other non-SDA law, it is not being carried pursuant to the SDA and there is no notification requirement. There is even a Court of Criminal Appeals case that says if the gun is loaded and sitting under the couch cushion you're sitting on in your own home, there is no notice requirement because storing a loaded gun in the home is allowed by non-SDA law. There is certainly no requirement to inform if you don't even have a firearm with you! Cops say the darnedest things sometimes. 
Why is permit holder running around with a loaded "inaccessible" weapon. Not chastising, just curious ?
Elance
Elance
This isn't rocket science.
Any person, except a convicted felon, may transport in a motor vehicle a rifle, shotgun or pistol, open and unloaded, at any time. For purposes of this section "open" means the firearm is transported in plain view, in a case designed for carrying firearms, which case is wholly or partially visible, in a gun rack mounted in the vehicle, in an exterior locked compartment or a trunk of a vehicle.
I do this sometimes if I have a couple of beers or a margarita while out at dinner... I generally keep a gun in the car, always loaded and ready to go, under the provisions of the SDA. But if I've consumed alcohol, I might unload the firearm or even put it in the lockbox under my seat, also unloaded.
<edit> None of my vehicles have a "trunk".
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