To disclose or not to disclose

[AKguy1985]

You are not required to disclose if you arent carrying. Last time i got stopped by OHP I didnt. Because i wasnt carrying.

 

[Kiyot]

POSSESSION OF LICENSE REQUIRED
NOTIFICATION TO POLICE OF GUN

A. Except as otherwise prohibited by law, an eligible person shall have authority to carry a concealed handgun in this state when the person has been issued a handgun license from the Oklahoma State Bureau of Investigation pursuant to the provisions of the Oklahoma Self-Defense Act, provided the person is in compliance with the provisions of the Oklahoma Self-Defense Act, and the license has not expired or been subsequently suspended or revoked. A person in possession of a valid handgun license and in compliance with the provisions of the Oklahoma Self-Defense Act shall be authorized to carry such concealed handgun while bow hunting or fishing.

B. The person shall be required to have possession of his or her valid handgun license and a valid Oklahoma driver license or an Oklahoma State photo identification at all times when in possession of an authorized pistol. Any violation of the provisions of this subsection may be punishable as a criminal offense as authorized by Section 1272 of this title or pursuant to any other applicable provision of law. In addition to any criminal prosecution which may result from not carrying the handgun license and the required identification with the authorized pistol as required by the provisions of this subsection, the person may be subject to an administrative fine for violation of the provisions of this subsection. The administrative fine shall be Fifty Dollars ($50.00) and shall be assessed by the Oklahoma State Bureau of Investigation after a hearing and determination that the licensee is in violation of the provisions of this subsection. Any second or subsequent violation of the provisions of this subsection shall be grounds for the Bureau to suspend the handgun license for a period of six (6) months, in addition to any other penalty imposed.

Upon the arrest of any person for a violation of the provisions of this subsection, the person may show proof to the court that a valid handgun license and the other required identification has been issued to such person and the person may state any reason why the handgun license or the other required identification was not carried by the person as required by the Oklahoma Self-Defense Act. The court shall dismiss an alleged violation of Section 1272 of this title upon payment of court costs, if proof of a valid handgun license and other required identification is shown to the court within ten (10) days of the arrest of the person. The court shall report a dismissal of a charge to the Bureau for consideration of administrative proceedings against the licensee.

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 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.

D. Any law enforcement officer coming in contact with a person whose handgun license is suspended, revoked, or expired, or who is in possession of a handgun license which has not been lawfully issued to that person, shall confiscate the license and return it to the Oklahoma State Bureau of Investigation for appropriate administrative proceedings against the licensee when the license is no longer needed as evidence in any criminal proceeding.

E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed.

Title 21 Section 1290.8.

Black and white, the one trooper is wrong. And it sounds like maybe that one trooper is maybe just being a jerk. And no that's not cop bashing, just talking about the individual.

And just simply running your name through NCIC and DL database will not return anything about you being a CCW holder. There is a database through the OLETS system that will give you CCW information, but it's a totally different area and you have to specifically run the person all over for it. It could be where you live the OHP Troop has an SOP to run the name through both databases for whatever reason. You don't have to have any kind of probable cause to run the name, just having you pulled over for whatever traffic violation should do. I really can't see any reason to run the name through the CCW database on routine stops except to try to catch someone not notifying an officer they have a gun. I do understand the officer safety part of wanting to know, but I think as a whole that CCW holders are not a danger to an officer. Now if someone came back with a warrant I could see running that check but at that point an officer is also already on point for a problem also.

 

[tRidiot]

I'm not getting snippy.

My nurse had the same thing happen to her. Got pulled over. Officer took her info and came back asking her "Do you have something to tell me?" "No, officer." "Are you sure you don't have something to tell me?" "Uh, yes I'm sure." In a loud and irritated voice "You are supposed to inform me if you have a concealed weapons permit...." and goes on a tirade. She calmly tells him, sorry but she understood that she only needed to tell him if she was actually carrying. He would hear none of it and threatened to "slap charges" on her.

They have access to somehow determine if you have a CCW permit or not. This is a fact.

It is fact, OHP can tell, though no local officers I've run into have any idea about it. I also had an OHP officer mention my permit to me. I did not disclose to him, as I was not carrying that morning. He didn't seem to care.

As for the officer who went on the rant and threatened charges, I think I would have calmly told him I was not required by law to inform him if I was not physically carrying at the time and go from there. If he wanted to "slap charges" I'd have let him do so, then asked for a formal apology through his supervisor when he was found to be in the wrong (later).

For those doubting Thomas-types... yes... there is a way they can see your permit status when they run you in their computer mounted in the car.

 

[pinkhamr]

When I took my CCL Class I was advised that I 'Must' disclose that info to an Officer if I was stopped for 'any' reason ...... Carrying or not ...... Just my 2 Cents .....

 

[doctorjj]

When I took my CCL Class I was advised that I 'Must' disclose that info to an Officer if I was stopped for 'any' reason ...... Carrying or not ...... Just my 2 Cents .....

Someone owes you some money then. Your instructor doesn't know the law.

 

[SMS]

When I took my CCL Class I was advised that I 'Must' disclose that info to an Officer if I was stopped for 'any' reason ...... Carrying or not ...... Just my 2 Cents .....

We've pretty much established that there are more than a few instructors putting out bad info....just like there are a few LEOs, and internet lawyers, doing the same.

Every tribe has it's idiots...

 

[tRidiot]

The relevant section was posted above. It's funny, because it's one of the rare instances where the law is inescapably clear in its wording.

"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."

Quite rare, but I think our lawmakers got it right on that one. Someone just needs to make sure it gets passed along to certain members of our law enforcement community who think they need to browbeat and harass people for something that isn't a violation of law.

 

[ExSniper]

When the officer runs your drivers license information through the dispatcher or his in-car computer system your SDA permit shows up. Dispatchers seldom mention that as part of the info they relay to the officer but it is the first thing on the page when running it through the in-car computer.

You are NOT required to tell if your are not carrying and any officer that harrasses you because of it is wrong. You cannot win an argument on the side off the road with a cop who is wrong. Just cooperate and complain to his superiors later if necessary. I know that is a pain in the butt, however the good cops who are trying their best to be polite and professional far outweigh the few that give us all a bad name.

 

[VladdDImpaler]

I got stopped outside of Lawton and the OHP trooper and myself had a good laugh. He had me come back to his car and ran my driver's license. Nothing came up. He ran my tag on my truck. Nothing came up. He ran my CCW permit. Nothing came up. He asked me how long I have lived in the state:
Me: "Oh, about 10 years or so".
OHP: "Well, you should definitely be in the computer"
Me: "Yeah, don't tell anyone, I'm a secret agent"
OHP: "Well, if you're not in here I can't give you a ticket, have a nice day"
Me: "You too."

Nice guy.

 

[Old Fart]

You cannot win an argument on the side off the road with a cop who is wrong. Just cooperate and complain to his superiors later if necessary. I know that is a pain in the butt, however the good cops who are trying their best to be polite and professional far outweigh the few that give us all a bad name.

Sage advice right there.