Duty to Inform Experience

Discussion in 'Legal' started by Craig_VA, Oct 29, 2020.

  1. Trunk Monkey

    Trunk Monkey member

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    What the "heck" are you even talking about?

    The cop pulled me over. He walked up to my car, introduced himself, told me why he stopped me, told me he wasn't giving me a ticket, asked for my documents and asked about weapons as soon as I handed them to him. All of that took less than 1 minute and I didn't even have a chance to open my mouth before he was screaming at me.

    As I mentioned above this particular cop turned out to be a Murderer I don't think I Was the one with the attitude problem
     
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  2. George P

    George P member

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    Live in Florida, got stopped in GA; both are no duty to inform, so I didn't.
     
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  3. Rule3

    Rule3 Member

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    Going back to the OP
    He was in his home not pulled over driving
    He was not asked for his license or ID
    So why all the posts about driving??

    He did not enter another home so does one have a duty to inform when in their own home?
    Where is the law that says that?
     
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  4. Trunk Monkey

    Trunk Monkey member

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    Because that's where most of our experience with the police lies.

    If the law says you have to inform in an official interaction, it doesn't matter where the official interaction occurrs
     
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  5. Rule3

    Rule3 Member

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    Not entirely correct

    There is no duty to inform as he was not asked for ID or DL
    Sure it’s nice to tell the LEO but not required
     
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  6. Trunk Monkey

    Trunk Monkey member

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    I see your point
     
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  7. JohnKSa

    JohnKSa Moderator Staff Member

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    The AR duty to inform has nothing to do with the location where the interaction takes place. It's the same whether one is pulled over or if it happens in the person's own home.

    If the officer asks for ID/DL OR if the officer asks for any personal information (such as name & BD) and the person is carrying, the person must inform the officer that they have a handgun license and that they are carrying.
     
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  8. RetiredUSNChief

    RetiredUSNChief Member

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    "As a rule..."

    In quotes because it's used a lot.

    "As a rule..." know what your jurisdictional laws say, first and foremost.

    You may be gigged either way (meaning an officer may say/do something no matter what the law actually says), but knowing what the law actually says and means is YOUR best friend in these matters.

    Not because it allows you to argue with an officer, but because if you end up in court THAT is what the court is going to be concerned about.

    Understand that this does not obviate "common sense" or circumstances. If, in your best judgement based on the circumstances, it is best to inform the law enforcement officer, then so be it.

    But I don't think informing should necessarily be an "automatic" act.
     
  9. jmorris

    jmorris Member

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    I agree with this. I didn't see any mention of a question from the officer before the OP made it known anyway. Seems to have informed before he would have been required to.

     
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  10. BigBL87

    BigBL87 Member

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    Illinois, as surprising as it may be, is not a duty to inform state. You only have to tell an officer if they specifically ask if you have a weapon/firearm. The officers that taught our concealed carry class advised us not to volunteer the fact that we are carrying, saying if the officer wants to know they can ask and if you introduce the idea when they weren't thinking about it it might put them on edge. They added that if you felt the need to, though, you should have it well rehearsed and avoid the word "gun."

    I personally have never had to worry about it, no interactions with officers since getting my CCL. However, I have rehearsed my duty to inform speech for when I travel to states that require it, Nebraska being the main one I need to worry about as I have family out there. Mine basically goes along the lines of, "I have a duty to inform you that I am a CCL holder and am currently carrying a [firearm brand, model, caliber] [on my right hand side/in my right pocket, etc.], how would you like me to proceed?" Also have a sister-in-law in Arkansas we visit on occasion but they're moving to either Indiana or Kentucky next spring, so won't have to worry about it at that point. Whenever we go out of state, though, I always refresh myself on each state's laws using my CCW app. Great resource, highly recommend it.
     
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  11. Shimitup

    Shimitup Member

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    I topped a hill running a bit too fast and got pulled over in East Texas by a state trooper, handed him my DL/CHL and as he looks at them he says "just a warning this time, take it easy.... By the way, whatchya carrying". I told him I had a .380 in my pocket and a 1911 Commander under the seat. He said with a smile "well you're well prepared aren't ya" Yes sir, thank you sir, be safe.
     
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  12. 23tony

    23tony Member

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    NC is duty to inform: I've had several encounters, from an accident to checkpoints. The usual response is amused impatience (They know I have to say something but they really don't care). I've also gotten one "Thank you for exercising your second amendment rights". But one time, a state trooper had me give him my right hand which he held as he then had me exit the vehicle (he opened the door), and then removed the gun (LCP) from my pocket. He placed it in the back of my SUV and informed me that I could retrieve it after he had driven away. He told me he was being "extra safe" because a cop somewhere else had been shot at a traffic stop a few days ago.
     
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  13. OneFreeTexan

    OneFreeTexan Member

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    Was riding with a buddy, he had an early Camaro with a souped up V-8 sticking through the hood,,,, could out run anything in our part of Texas....did get pulled over by a Ranger,,,,asked my buddy,,,,”do you know what I stopped you?” buddy, replied. “Because I let your”
     
  14. Trunk Monkey

    Trunk Monkey member

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    Except a radio
     
  15. OneFreeTexan

    OneFreeTexan Member

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    Sorry. Trunk monkey, this was back in the day, when the radios weren’t That good
     
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  16. Trunk Monkey

    Trunk Monkey member

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    Ok

    And cops couldn't read license plates either right?
     
  17. Kleanbore

    Kleanbore Moderator Staff Member

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    But there were "early Camaros"?

    Come on.
     
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  18. Trunk Monkey

    Trunk Monkey member

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    The first-generation Chevrolet Camaro debuted inSeptember 1966, for the 1967 model year.

     
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  19. Hookeye

    Hookeye Member

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    They never ask. I drive my own vehicle and LTCH is tied to my plate.
    They know before they get out of their car.

    One did get vocal about all the ammo in tje glove box. I laughed and asked him of his hunting buds ever showed up without ammo or a mag.

    Mine have. I carry spares.
     
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  20. Hookeye

    Hookeye Member

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    Worst thing I might do is 5 mph over posted.

    My 4x4 gets crappy mileage and im never in a hurry.

    Write me a ticket or not.
    Dont lecture me.

    Most of the local LE know my vehicle.


    Had one follow me late one night, yrs ago.
    Turns out it was an officer wanting to sell a compound bow LMAO
     
  21. RETG

    RETG Member

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    Somewhere in Idaho But on the move; AGAIN!

    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.
     
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  22. Howland937

    Howland937 Member

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    I'd gotten pulled over one time and since it was on a busy street pulled into a grocery store parking lot. Officer walks up and we talk briefly about why he pulled me over. Hand him my info and he comments that he smells marijuana smoke. "Yeah, me too but it's not me."
    Probable cause to search. No big deal because the smell wasn't coming from my Jeep. Call in K-9...."anything in your vehicle that might be an issue?"
    "No, but there are a couple guns in the back, not loaded"
    Steps back reaching for his gun "get on the ground, now!"

    Ok...fine.
    Handcuffs...whatever
    Informs me I have a duty to inform him that I'm carrying a gun in Ohio.
    "I'm not carrying a gun. I'm transporting 2 unloaded rifles in cases, in the back of an SUV, with the ammo in a range bag on the front seat"

    K-9 arrives, climbs all through my Jeep sniffing around, jumps out, pisses on my tire and sits down beside the handler. K-9 handler inquires why I'm in handcuffs and is told I didn't inform the officer of the guns immediately. "Ummm...do you not realize that's only for concealed carry? If he doesn't have a concealed weapon, he doesn't have to tell you"

    "Sorry for the confusion. Hit your turn signal sooner next time."
     
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  23. OneFreeTexan

    OneFreeTexan Member

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    trunk monkey,,, seems you have an issue with my posts? What is your problem? Please explain it clearly and don’t beat around the bush with these comments.
     
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  24. Trunk Monkey

    Trunk Monkey member

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    Well maybe I read more into your post than was there but if you're implying that your friend was driving all over Hooterville County Texas out running all the cops I think you might be stretching the blanket just a little bit.
     
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  25. Trunk Monkey

    Trunk Monkey member

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    Irresponsibility like that shouldn't be encouraged
     
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