To disclose or not to disclose

[Shadowrider]

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.

Kiyot and Exsniper, thanks for the info. I knew that in other states they are linked to your DL, but OK isn't one of them. I should mention that I have no issue with a LEO knowing, I think it's a pretty good deal for them. God knows LEOs have enough to deal with as it is.

tRdoc, the highlighted part is exactly what I would do. Except I'd still go have a talk with his supervisor hoping to get him educated on the law. He needs to know it if he's gonna arrest somebody. In my experience in dealing with OHP, this is most definitely not common. Everyone I have ever dealt with knew their stuff and were totally professional. But it's a big agency and I'm sure there is a butthead or two in it. I'd bet his superiors would want to hear about it.

 

[henschman]

Well, it is not legally required in any way whatsoever for you to inform unless you are actually carrying a weapon pursuant to the CCL law. Whether you actually want to inform them is personal preference. If you think it will benefit you, such as getting you out of a ticket because the cop thinks you're a "good guy," then go for it. Obviously, as the OP's experience illustrates, it doesn't always have this result. Personally, I don't tell them anything I'm not legally required to. If somebody ever gets a case of butt-hurt over it, then tuff $#!t.

 

[tRidiot]

I just usually hand them my permit along with my license. Usually it's a simple glance and they hand it back to me as they move along with whatever is the reason they stopped me. Of course, this has only happened 2-3 times, I think. I'm not really a speed-demon.

 

[twoguns?]

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.
Do you have a link for that? I dont believe your Drivers License is linked to your C oncealed W eapon L icense. Now there may be a different database that can be accessed.
If I remember correctly there was a law that didnt pass to link the two. No I dont have a link.
I didnt stay in a holiday inn , but that somewhat concerns me ...if the two are linked.

 

[twoguns?]

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 .....

The one that did my sons class was pretty adament that you could carry only one gun.
We had quite a discussion about that, he wouldnt concede,but offered that I could do what I want
I Do....

 

[OUshooter]

If I'm carrying when I get pulled over I will do anything I can to make the LEO's job easier, which means I will declare. If I'm not carrying then there isn't anything for me to "declare". To be honest as far as I'm concerned my 2nd means I shouldn't have to "declare" squat regardless.

 

[David2012]

OUShooter, it isn't a matter of making the officer's job easier... you are mandated by law to notify the officer if you are pulled over in his official capacity as a LEO.

I have a scanner running 24 / 7 / 365 at the house... so I hear a lot of traffic stops being made by the area police / sheriff & Highway Patrol.. and them asking for DL, Tag and insurance verification info. On a few occasions, I've heard the dispatcher notify the officer that the return showed the driver has a CC Permit. The dispatchers also lets the officer know if the person is flagged as a drug court offender, a known gang member [and which gang they are affiliated with] or a registered sex offender.

But this automatic CC notification to the officer only applies to Oklahoma CC permits as far as I know... I don't recall other states CC info popping up like that. I have heard officers asking the dispater to check with another state to see if a out-of-state CC permit was still valid or not.

I think it goes to show just how law abiding that CC permit holders are.. because it is very rare to hear that a CC permit holder has been stopped for something serious. I remember one instance of a guy being stopped & arrested for a DUI... and he had his permit and a gun inside the vehicle. And I don't recall but 1 or 2 instances where someone from another state had a issue with their permit such as it being out of date or they had moved and not made a address change notification to their home state.

As for notification of your being a permit holder and are carrying, if your contact with the officer is [NOT] in any official capacity, then you are NOT under any legal obligation to disclose you are carrying a firearm or that you are a permit holder. Say for instance, your standing in a checkout line and a uniformed officer is standing next to you and you happen to engage in small talk / chit-chat... you are under no obligation to disclose that you are carrying or are a permit holder. Same way when eating in a restaurant.. if the officer is in uniform and sitting near you and you happen to nod and say hello or exchange small talk... you don't have to disclose you are carrying or that you are a permit holder.. you are only required to disclose if you are having contact with the officer in his official capacity as a LEO... such as a traffic stop, investigating a call, asking for witness info and so on. So don't get paranoid.

 

[okiebryan]

OUShooter, it isn't a matter of making the officer's job easier... you are mandated by law to notify the officer if you are pulled over in his official capacity as a LEO.

I have a scanner running 24 / 7 / 365 at the house... so I hear a lot of traffic stops being made by the area police / sheriff & Highway Patrol.. and them asking for DL, Tag and insurance verification info. On a few occasions, I've heard the dispatcher notify the officer that the return showed the driver has a CC Permit. The dispatchers also lets the officer know if the person is flagged as a drug court offender, a known gang member [and which gang they are affiliated with] or a registered sex offender.

But this automatic CC notification to the officer only applies to Oklahoma CC permits as far as I know... I don't recall other states CC info popping up like that. I have heard officers asking the dispater to check with another state to see if a out-of-state CC permit was still valid or not.

I think it goes to show just how law abiding that CC permit holders are.. because it is very rare to hear that a CC permit holder has been stopped for something serious. I remember one instance of a guy being stopped & arrested for a DUI... and he had his permit and a gun inside the vehicle. And I don't recall but 1 or 2 instances where someone from another state had a issue with their permit such as it being out of date or they had moved and not made a address change notification to their home state.

As for notification of your being a permit holder and are carrying, if your contact with the officer is [NOT] in any official capacity, then you are NOT under any legal obligation to disclose you are carrying a firearm or that you are a permit holder. Say for instance, your standing in a checkout line and a uniformed officer is standing next to you and you happen to engage in small talk / chit-chat... you are under no obligation to disclose that you are carrying or are a permit holder. Same way when eating in a restaurant.. if the officer is in uniform and sitting near you and you happen to nod and say hello or exchange small talk... you don't have to disclose you are carrying or that you are a permit holder.. you are only required to disclose if you are having contact with the officer in his official capacity as a LEO... such as a traffic stop, investigating a call, asking for witness info and so on. So don't get paranoid.

The law doesn't say anything about "official contact". The law doesn't say anything about "official capacity as a LEO", and it doesn't say anything about "investigating a call", "asking for witness info", and it sure doesn't say "and so on".

What is says, is "during the course of any arrest, detainment, or routine traffic stop." That is all it says, and that is all that the law requires.

Why do people keep trying to read more into the law than what is there?

 

[tRidiot]

The law doesn't say anything about "official contact". The law doesn't say anything about "official capacity as a LEO", and it doesn't say anything about "investigating a call", "asking for witness info", and it sure doesn't say "and so on".

What is says, is "during the course of any arrest, detainment, or routine traffic stop." That is all it says, and that is all that the law requires.

Why do people keep trying to read more into the law than what is there?

The ambiguity that comes into the situation is due to a supreme court ruling some years ago that uphold that an officer may be detaining you without your knowledge. I forget what it's called... but basically, if they stop you and ask you questions in an official capacity, they can make the case that you were being "detained", whether you knew it or were informed of it or not.

Not being argumentative, just informing. It was discussed in the thread about the guy who had a kid peeping at him in the bathroom stall and freaked out about his carry weapon...

 

[Lurkerinthewoods]

The info is linked to your license. I was pulled over by an OHP officer this past week. We walked back to his cruiser as I was sitting down he scanned my license and then swiped it. About 5 seconds later he asked if I had my weapon on me, I replied "nope" he asked if my company allowed us to carry (I was in my company truck) I said "nope". He said he was giving me a warning and to slow it down.

My thoughts after that experience is this, if I am asked to walk back to a cruiser, I am going to let them know before hand I have a permit but am unarmed. If I am asked to sit in my vehicle while the LEO goes back to his car to run my info, I will probably not worry about it. I would rather not have a LEO find out I might possibly have a weapon after I am already seated next to him. Courtesy, I guess