Proper procedure for notifying LEO of CC?

[Shadowrider]

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

It's my personal opinion that it's a shade a grey in reality.

For instance:

If the probable cause for the stop is nothing more than a traffic violation, the passenger shouldn't required to notify.

On the other hand if there is weed smoke pouring out when the officer walks up, the probable cause circumstance just got changed and the officer is performing in an official capacity with all occupants until he/she gets things sorted out (he/she may or may not arrest a passenger). Until then all occupants would be required to notify under the law. Edit: Actually I think this is the case regardless, but I don't know for sure.

Do what you will, but I myself don't care to be the matter of a test case.

 

[SeanO]

It's my personal opinion that it's a shade a grey in reality.

For instance:

If the probable cause for the stop is nothing more than a traffic violation, the passenger shouldn't required to notify.

On the other hand if there is weed smoke pouring out when the officer walks up, the probable cause circumstance just got changed and the officer is performing in an official capacity with all occupants until he/she gets things sorted out (he/she may or may not arrest a passenger). Until then all occupants would be required to notify under the law. Edit: Actually I think this is the case regardless, but I don't know for sure.

Do what you will, but I myself don't care to be the matter of a test case.

This is pretty much my opinion too.

If the stop is for speeding, I may be a passenger but I wasn't stopped.

If there's weed smoke pouring out the car, everyone in the car is stopped.

 

[hrdware]

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.

The law does not say when 'you' come in contact....I already posted the law. It says, ...unlawful for any person...during any arrest, detainment, or routine traffic stop.

If you are the passenger, you are any person during a routine traffic stop.

I wish the contact myth would stop propagating and the actual words of the law would be used.

 

[hrdware]

when did the penalties for failure to notify get reduced?

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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).

Nov 1, 2013

 

[BadgeBunny]

It's my personal opinion that it's a shade a grey in reality.

For instance:

If the probable cause for the stop is nothing more than a traffic violation, the passenger shouldn't required to notify.

On the other hand if there is weed smoke pouring out when the officer walks up, the probable cause circumstance just got changed and the officer is performing in an official capacity with all occupants until he/she gets things sorted out (he/she may or may not arrest a passenger). Until then all occupants would be required to notify under the law. Edit: Actually I think this is the case regardless, but I don't know for sure.

Do what you will, but I myself don't care to be the matter of a test case.

You and me both, sir ...

There was a fella who insisted on open carrying his gun into a polling place not too long ago. I don't recall his screen name but he did admit in a thread discussing the subsequent court hearings that if he had it to do over he would NOT have carried into the polling place. It all sounds so romantic in the movies but on paper being a test case just isn't all it's cracked up to be ... IMHO, of course ...

 

[twoguns?]

So? There is a Police Officer sitting at the desk at City Hall.....should I inform him Every time I walk by?

Oh wait, is this the "I GOT A GUN" time....

 

[twoguns?]

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.

Hmmm grey indeed....might lead the LEO to believe this to be the Law, when Actually , it may not be.

 

[hrdware]

So? There is a Police Officer sitting at the desk at City Hall.....should I inform him Every time I walk by?

Oh wait, is this the "I GOT A GUN" time....

Only if you want to be charged with a violation of the SDA for being in a government building while carrying a concealed firearm.

Now if we change the location to your favorite eatery, then the answer is easily, No. You are not being arrested, detained, or in a routine traffic stop so there is no need to notify.

Just because an officer and I have a polite conversation while standing in line at the gas station or fast food joint does not mean I need to notify either.

 

[FamousAJ]

I open carry anyway.

challenge him/her to a duel!

 

[Arin Morris]

What about a DUI checkpoint. Is that routine?