LEO asked me to remove my gun and leave it in car during traffic stop

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ssgrock3

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TITLE 21 § 1290.8. Possession of license required-notification to police of gun
POSSESSION OF LICENSE REQUIRED-NOTIFICATION TO POLICE OF GUN

A. 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 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. No person shall be required to identify himself or herself as a concealed handgun licensee when no handgun is in the person’s possession 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 Five Hundred Dollars ($500.00), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. In addition to any criminal prosecution for a violation of the provisions of this subsection, the licensee shall be subject to a six-month suspension of the license and an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Bureau that the person is in violation of the provisions of this subsection.

This is from the SDA. I know there may be some widely divergent interpretations of what this means exactly, Pages 15 and 16 of the SDA Instructor Lesson Plan, which your instructor is required to teach you, states:
"(1) Contact means: (a) Conversation. (b) A stop of a motor vehicle, whether the citizen is drving or a passenger; or (c) Any arrest, for any reason.

Clearly the interpretation promulgated by CLEET and required to be taught to all prospective SDA students is the passenger has to tell on first contact during a traffic stop.

well I stand corrected. Good Info and straight out of the book!!
 

ssgrock3

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To me it's simple... A card does not imply you are in possession of a weapon in my eyes just like handing over a DL means I should assume you are valid. I don't make a big deal about it if someone only hands me a card though. I just think actually saying you are carrying is the proper way to "notify".

10-4 Josh. I understand this is your preference. I have been fortunate that my interactions have been fine with my mode. I might consider doing it my way and simply adding " I am carrying" or something for a more well rounded way of doing things.
 

Stephen Cue

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To me it's simple... A card does not imply you are in possession of a weapon in my eyes just like handing over a DL means I should assume you are valid. I don't make a big deal about it if someone only hands me a card though. I just think actually saying you are carrying is the proper way to "notify".

I fully agree with this. I also think a verbal is the "proper" way to notify.
 

Josh-L

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Unfortunately the law is vague in that area and doesn't specifically state a verbal notification. But I would bet 99% of officers expect one.
 

cowboydoc

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Unfortunately the law is vague in that area and doesn't specifically state a verbal notification. But I would bet 99% of officers expect one.

My instructor basically said the same thing - that the law did not specifically say a verbal notification was required, but that most officers expected it and that to avoid trouble to always verbally notify. I think the phrase he suggested was, "Officer, I have a permit and I am armed." I did that the one and only time I was pulled over while carrying and the things went well.

I know of one person (not me) who got a pretty good lecture about not notifying properly when he just handed the permit with his DL to the officer. I can't remember now if it was TPD or OHP, but that officer made it very clear that he expected to be verbally notified.
 

Stephen Cue

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SDA Instructor outline teaches to "verbally inform the officer you are in actual possession." That is what your instructor should be teaching.

You are correct, it is in the instructor outline, and I do teach this in class; however, my point is that our intructor outline is not law and the SDA itself does not specifically call for a verbal notification. :anyone:
 

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