Proper procedure for notifying LEO of CC?

[aarondhgraham]

Not to derail...but...does anyone know if the requirement to inform is being fought at all?

The requirement to inform was eased by the lessening of the penalty.

I can't quote exactly the before and after,,,
But the language was recently altered to make it less immediate.

Also the penalty was lessened.

Apparently a few people filed formal complaints against write-ups,,,
Where they had informed the officer they were legal carriers,,,
Just not as quickly as some of the cops would have liked.

I had the experience as a passenger,,,
In past situations I as a passenger have been asked for ID,,,
So when my buddy was stopped I went ahead and got my DL and carry permit out.

The officer talked to my friend for ten minutes before he addressed me,,,
At that time I handed him my DL and CWP together,,,
There wasn't anything said about it at all.

Aarond

.

 

[lkothe]

Thanks all.............wife and I had a discussion on the subject after one of OHP's finest (no sarcasm) decided to she was a bit speedy running thru Osage county. He never addressed me, passenger, so I never brought it up. She thought I needed to let him know. I didn't think I needed to unless I was addressed in person.

 

[NightShade]

Thanks all.............wife and I had a discussion on the subject after one of OHP's finest (no sarcasm) decided to she was a bit speedy running thru Osage county. He never addressed me, passenger, so I never brought it up. She thought I needed to let him know. I didn't think I needed to unless I was addressed in person.

Pretty much. . . you were not driving nor were you a part of the official business. If an officer comes out to deal with something and needs to speak with me I will not interrupt but I will inform even though it is rhetorical as I open carry anyway.

 

[hrdware]

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 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).

According to the way I interpret the law as written, it is unlawful for any person to fail to identify the possession of a handgun during any arrest, detainment, or routine traffic stop.

There is nothing in the law that mentions "contact of official business". It is my belief, that as a passenger (although not the primary subject) you are still part of the course of a routine traffic stop.

Other than the quoted law, the rest is just my opinion and is worth exactly what you paid for it.

 

[lkothe]

According to the way I interpret the law as written, it is unlawful for any person to fail to identify the possession of a handgun during any arrest, detainment, or routine traffic stop.

There is nothing in the law that mentions "contact of official business". It is my belief, that as a passenger (although not the primary subject) you are still part of the course of a routine traffic stop.

Other than the quoted law, the rest is just my opinion and is worth exactly what you paid for it.

What do the JBT's (big smile) on the site say?

 

[KOPBET]

You'll probably get a bigger fine by rolling a stop sign.

 

[Shadowrider]

....snipped

It is my belief, that as a passenger (although not the primary subject) you are still part of the course of a routine traffic stop.

This is what I've been told. If the vehicle you are riding in is stopped...and you are in it...you are part of the stop.

 

[SeanO]

This is what I've been told. If the vehicle you are riding in is stopped...and you are in it...you are part of the stop.

Ive seen numerous people tell a cop "do you need me? no? Okay." then get out of the car and walk away.

 

[ProBusiness]

The law says that when 'you' come in contact (contact means conversation) with a LEO you are required to tell the LEO you have your license and gun at the first opportunity. (as soon as possible).

this applies to a routine traffic stop, detainment, or arrest.

it does not say this is limited to the driver.

i would say that if you are a passenger and the LEO does not come into contact with you or a conversation with you then you do not have to tell him by the letter of the law. But, i would say that if the LEO initiated a conversation with the passenger they are required to tell the LEO they have a license and gun.

But for me, I would inform the LEO. What harm would it do.

 

[_CY_]

when did the penalties for failure to notify get reduced?

-----

Originally Posted by Title 21, Section 1290.8 Section C.
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 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).