LEO Notification of Concealed Carry

[ldmtulsa]

I have a question for the group concerning when one is required/should notify a LEO that you are carrying. This would exclude the obvious that is cited in the SDA --"arrest, detainment or routine traffic stop".

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 question comes up from an incident my son was involved in a short time ago. He was to meet a Tulsa Deputy Sheriff at a property where the Deputy was to serve an eviction on a person living in my son's property. My son was standing in the driveway of the property when the Deputy arrived and asked if my son was Mr. so and so. My son responded and then told the Deputy that the person living at the property had filed a legal motion to postpone the eviction. The Deputy returned to car to look at his computer and my son followed and remembered to notify that he was carrying. The Deputy responded that he was supposed to notify him immediately. Son apologized and the Deputy did not bring it up again.

This is where my question comes into play. As this was not an arrest, detainment or routine traffic stop, was my son actually in violation of the SDA? I don't have any problem with the notification process but certainly want to understand when it is required. If you are in the store and a LEO gets in the check out line behind you and says howdy, are you required to notify before you acknowledge him. One can think of countless times you might come into contact with a LEO during a normal day.

I am not questioning the law or the purpose, nor the LEO's need to know, just exactly when is it required. Do not want to ever be in violation.
Thanks to any who respond.

 

[nobuttbrian]

according to my class instructor and the way the law is written, upon first contact is pretty self expanitory(sp).The way we were taught that even if they say hi to you at the QT you need to tell them then AND THEN say hi back.

 

[buckeye]

We all reading the same law?

...during the course of any arrest, detainment, or routine traffic stop.

Better safe than sorry, but it's not necessary to declare your weapon when you say hello at the gas station.

John Zane told us that he 'declares' everytime he talks to a LEO, regardless of the situation. Overkill, but if it makes him and the LEO feel better, why not? I don't see it as necessary, and certainly not legally required. For one thing, an arrest, detainment or routine traffic stop is almost certain to be a relatively private conversation (so to speak) between the two of you; passing the time of day at Merritt's is very public and I'm not interested in the public knowing whether I've carried that day.

 

[spc13b]

according to my class instructor and the way the law is written, upon first contact is pretty self expanitory(sp).The way we were taught that even if they say hi to you at the QT you need to tell them then AND THEN say hi back.

That is the way it was explained to me also.

 

[CODE_3]

You should always tell an LEO that you are carrying a firearm.

 

[SMS]

My rule: If I am the recipient or focus of a LEO's professional services then I will notify.

In the case of the eviction, the OP's son was the recipient of the LEO's professional services and it was in the officers best interest to know if anyone else was armed during a potentially volitile situation.

 

[Lab Rat]

My understanding was that you should declare any time you had interaction with an LEO acting in some kind of official capacity. So yeah, meeting him for an eviction would count, saying hello at a gas station would not. Overkill certainly wouldn't hurt, I suppose, but not required by law.

 

[tak1973]

I had the Owasso PD come to my home to complete a police report when my truck was broken into. I did not inform him of my CHL status as I was not arrested, detained or in a routine traffic stop. I am still carrying under my Texas CHL. I know that you have to obey the laws of the state you are in, but I much prefer the TX CHL law that states you must show your CHL when asked for ID. It eliminates any gray area. I use that same mentality here. If I am in a position where a LEO needs to see my ID as part of his/her duties, I will also show my CHL at that time.

I also much prefer the way TX has a specific requirement for what a sign must look like to prevent a CHL holder from entering a business, but that is another conversation.

 

[Kid Glock]

I'm not seeing the described encounter as an arrest, detainment or traffic stop. IMO, the deputy was asking for more than the law required but I prolly would have mentioned it anyway.
No LE officer can be expected to know every law and all officers will not interpret laws the same. If the deputy wanted to make issue with it, that's what courts are for.

 

[Danny]

If you enter into a conversation with an LEO, it's best to inform him/her that you are armed and have a permit.

A simple "hello" as you're passing each other is not required.