You are correct, there is nothing in the law that says you have to inform them verbally, but there is a rather never used small subsection of the SDA that does say and I quote,
"
You are correct, there is nothing in the law that says you have to inform them verbally, but there is a rather never used small subsection of the SDA that does say and I quote,
"
what about a ugly guy in a crapy car, what then?
Uh....we will have absolutely no ugly guys in crappy cars carrying guns of any kind, unless they pay an extra tax of some kind....., LOL
The first words out of my mouth everytime I got pulled over are," I have a conceal carry license and have a gun", they have said wheres it at and the situation goes from there. They always have thanked me for informing them and I tell them I'm suppose to.
Yes the OP does need to notify at first contact but if the Officer did walk by his window and ask for "License and insurance" without stopping he really would not have much a chance to reply about his permit and weapon.
Just an observation.....
Thought I'd pop in and mention that the trooper was correct, a gun in the trunk does NOT count, at least as far as being in possession of a concealed weapon.
If you did not have an SDA permit, and had a gun in the trunk, is there a legal obligation to notify a LEO without them asking first?
OK case law is clear on this, IIRC, a permit holder cannot be held to a higher standard than a non permit holder when it comes to activities that are otherwise legal without the permit. If the gun wasn't on you, unloaded in the trunk, no "SDA" notification. Loaded, I'm not as sure since only a permit holder can carry that way. (After re-reading the OP, I think he's right...he's on the hook to inform) At least, this is my understanding of the law. I'll try to dig up that OSCN link to the Court of Criminal appeals case.
If you did not have an SDA permit, and had a gun in the trunk, is there a legal obligation to notify a LEO without them asking first?
OK case law is clear on this, IIRC, a permit holder cannot be held to a higher standard than a non permit holder when it comes to activities that are otherwise legal without the permit. If the gun wasn't on you, unloaded in the trunk, no "SDA" notification. Loaded, I'm not as sure since only a permit holder can carry that way. (After re-reading the OP, I think he's right...he's on the hook to inform) At least, this is my understanding of the law. I'll try to dig up that OSCN link to the Court of Criminal appeals case.
Good info, thanks. Keep us posted on what you find.
That's all I'm saying. Next time, though, I'll be more aggressive about notifying the officer as soon as possible, even if it means yelling out the window.
My opinion, sticky situation.
What did the officer mean by "doesn't count?" Who knows. Most of the officers I've talked to about it are all for CC, so he may have meant in a practical sense, "in the trunk doesn't count." But you know beyond a doubt you were legal with a CHL and a loaded handgun in the trunk. What else matters?
As to the notification. If I'm stopped, as in pulled over, I'll wait to do anything, keeping my hands visible, until the officer gets to my window, and inform them then. In the case posted, since there wasn't a tactful discreet way of notifying the officer as he "breezed by," I would have gotten my wallet with CHL and DL, and not gotten the insurance right then, when the officer got back to my door, inform him then.
Tip, I don't put my insurance in the glove box anymore, as I do occasionally have a gun there, or my wife may stow hers there. I have it in the center console where I can get it easily. I've also heard people keeping it in a strap on the sun visor for easy access too.
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Just saw your post:
Unless one of the officers on here recommends doing that, I will recommend NOT yelling it out. Just get what you can quickly and easily (wallet probably), and wait for the officer to come back to your window before reaching/digging for insurance.
What did the officer mean by "doesn't count?" Who knows. Most of the officers I've talked to about it are all for CC, so he may have meant in a practical sense, "in the trunk doesn't count." But you know beyond a doubt you were legal with a CHL and a loaded handgun in the trunk. What else matters?
As to the notification. If I'm stopped, as in pulled over, I'll wait to do anything, keeping my hands visible, until the officer gets to my window, and inform them then. In the case posted, since there wasn't a tactful discreet way of notifying the officer as he "breezed by," I would have gotten my wallet with CHL and DL, and not gotten the insurance right then, when the officer got back to my door, inform him then.
Tip, I don't put my insurance in the glove box anymore, as I do occasionally have a gun there, or my wife may stow hers there. I have it in the center console where I can get it easily. I've also heard people keeping it in a strap on the sun visor for easy access too.
********************
Just saw your post:
Unless one of the officers on here recommends doing that, I will recommend NOT yelling it out. Just get what you can quickly and easily (wallet probably), and wait for the officer to come back to your window before reaching/digging for insurance.
I don't think you did anything wrong. I probably would have answered him, politely, that I "started to, but you weren't at my window any longer". Some need to be reminded of how to play the game.
I usually hand my CCW permit and my license, with the permit on top and visible. At the same time, I usually state "I am armed".
They usually ask where it's at, and when I tell them the most I've gotten was, "Ok, just leave it there".
I usually hand my CCW permit and my license, with the permit on top and visible. At the same time, I usually state "I am armed".
They usually ask where it's at, and when I tell them the most I've gotten was, "Ok, just leave it there".
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