RetiredUSNChief
Member
I fully understand, if asked, I would have to inform that's rather obvious. And I understand it is different from state-to-state. I was just curious about your at home (inside or outside in the drive, etc., and LE comes to your home to ask you a question; example might be did you witness a disturbance last night...whatever, would it ever be required to say....hey, I have a gun on me...or something to that affect? It never would to me; no more than I would ever allow them to search my house without a warrant.
Again, read the applicable statutes for your jurisdiction.
While some states are not as clear as they could be, some are.
SC is pretty explicit, while NC is a bit more vague.
South Carolina:
23-31-215. Issuance of Permits.
(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer.
(1) identifies himself as a law enforcement officer and
(2) requests identification or a driver’s license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars.
SO...in SC the LEO must identify himself as a LEO AND request ID or a driver's license, whereupon you must inform the LEO you are a permit holder and present the permit. It never says you have to explicitly tell the officer you are carrying a firearm: that is implicit.
North Carolina:
§ 14-415.11. Permit to Carry Concealed Handgun; Scope of Permit.
(a) Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun, shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer. In addition to these requirements, a military permittee whose permit has expired during deployment may carry a concealed handgun during the 90 days following the end of deployment and before the permit is renewed provided the permittee also displays proof of deployment to any law enforcement officer.
SO...in NC whenever you are approached by any LEO OR addressed by any LEO you must INFORM the officer you have a permit and PRODUCE it if asked. It also explicitly states that you must inform that you are carrying a concealed weapon.
Virginia:
§ 18.2-308.01. Carrying a Concealed Handgun with a Permit.
(H) …. The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and shall display the permit and a photo identification issued by a government agency of the Commonwealth or by the U.S. Department of Defense or U.S. State Department (passport) upon demand by a law-enforcement officer. A person to whom a nonresident permit is issued shall have such permit on his person at all times when he is carrying a concealed handgun in the Commonwealth and shall display the permit on demand by a law-enforcement officer….
SO...in VA if you are specifically ASKED by LEO you must produce your permit if you are carrying concealed. It never says you have to explicitly tell the officer you are carrying a firearm: that is implicit.
THE ABOVE EXAMPLES are two states which are considered "must inform officer immediately upon contact" (SC and NC) and one state in which you do not have to inform immediately upon contact (VA).
In SC, the officer is essentially making an official contact with the individual by identifying as a LEO and asking for some kind of identification. This triggers the "must inform" and you must produce the permit.
In NC, the officer simply approaching you or addressing you triggers the "must inform". You produce the permit when asked. It does not make it explicit that it's for "official contact", but the words "when approached" are not meant to imply "casually walking in your direction".
In VA, the officer must specifically ask you to produce it.
HOW DO YOU INTERPRET VAGUE STATUTES?
In general, by first following what the statute actually says. Keep in mind that officers are human, too, and many will have differing interpretations among themselves. NC says any officer approaching you (not written in the casual sense of just walking in your direction, but approaching you with a purpose) OR the officer is speaking with you. So meet the letter of the law, don't ty to read more into what is written, and inform/produce.