War Squirrel
Member
- Joined
- Nov 12, 2009
- Messages
- 211
So I was thinking about SC's "duty to inform" statute.
When stopped by police and you are carrying a firearm pursuant to state law and while in possession of a CCW permit, you must inform the officer of your armed status.
How does that jive with an individual's 5th Amendment right to remain silent?
-If you possess a CCW and inform, you are compliant with state law but have disregarded your right to remain silent.
-If you possess a CCW and do not inform, you are within your right to remain silent but violating the duty to inform.
-If you do not possess a CCW and do not inform, you are under misdemeanor possession of a firearm at least, but within your right to remain silent and avoid self-incrimination.
-If you do not possess a CCW and do inform, well...
Would these types of statutes stand up to legal scrutiny if pressed from this angle?
When stopped by police and you are carrying a firearm pursuant to state law and while in possession of a CCW permit, you must inform the officer of your armed status.
How does that jive with an individual's 5th Amendment right to remain silent?
-If you possess a CCW and inform, you are compliant with state law but have disregarded your right to remain silent.
-If you possess a CCW and do not inform, you are within your right to remain silent but violating the duty to inform.
-If you do not possess a CCW and do not inform, you are under misdemeanor possession of a firearm at least, but within your right to remain silent and avoid self-incrimination.
-If you do not possess a CCW and do inform, well...
Would these types of statutes stand up to legal scrutiny if pressed from this angle?