It is of course a case-by-case sort of thing. In Washington there is no duty to inform. Informing when it isnt necessary can complicate matters. You now have a more nervous officer on your hands, and now you get to surrender your weapon and step out of the vehicle, when you were previously looking at signing a piece of paper and going about your way. I'm sure that police opinions differ as much as everyone else's however, I have been told by several officers that they would prefer not to be informed, as it complicates the issue for them as well.
PISTOLS CONFISCATED BY LEO'S - OHIO
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It is of course a case-by-case sort of thing. In Washington there is no duty to inform. Informing when it isnt necessary can complicate matters. You now have a more nervous officer on your hands, and now you get to surrender your weapon and step out of the vehicle, when you were previously looking at signing a piece of paper and going about your way. I'm sure that police opinions differ as much as everyone else's however, I have been told by several officers that they would prefer not to be informed, as it complicates the issue for them as well.
SMMAssociates
Member
A good part of OH's "off the wall" portions of the Concealed Carry law was designed by criminal-friendly folks in Columbus as a poison pill, or worse....
Vehicular Carry and "Notification" are among those....
Just as "plain sight" is ill-defined, there's nothing in the law about notification speed other than you have to do it immediately.
So, in either case, if the LEO is unconvinced, you're in trouble....
It can be reasonably assumed that an Officer approaching a traffic stop (notification in non-traffic matters is more or less undefined, too, just for fun, but a good idea) has a computer screen readout in his own vehicle or has information from Dispatch that the individual involved has a CHL, but it's just as likely that the equipment may be inoperative, or the CHL holder may be driving a vehicle that's not registered to him. I have no problem with notification when carrying as long as it's handled reasonably, but we can't assume that's going to happen.
Notification when not carrying is kind of iffy. If it results in a search because we don't look honest, that's not a good thing. OTOH, you really don't want to have the Officer find a gun you just said you didn't have either....
Time was I'd have never bothered to notify unless a search seemed imminent. but that's not an option anymore.
I'm really happy about the fact that the folks in Pennsylvania (about 20 miles from my desk) are willing to trust me more than the folks in OH where I live....
Regards,
Vehicular Carry and "Notification" are among those....
Just as "plain sight" is ill-defined, there's nothing in the law about notification speed other than you have to do it immediately.
So, in either case, if the LEO is unconvinced, you're in trouble....
It can be reasonably assumed that an Officer approaching a traffic stop (notification in non-traffic matters is more or less undefined, too, just for fun, but a good idea) has a computer screen readout in his own vehicle or has information from Dispatch that the individual involved has a CHL, but it's just as likely that the equipment may be inoperative, or the CHL holder may be driving a vehicle that's not registered to him. I have no problem with notification when carrying as long as it's handled reasonably, but we can't assume that's going to happen.
Notification when not carrying is kind of iffy. If it results in a search because we don't look honest, that's not a good thing. OTOH, you really don't want to have the Officer find a gun you just said you didn't have either....
Time was I'd have never bothered to notify unless a search seemed imminent. but that's not an option anymore.
I'm really happy about the fact that the folks in Pennsylvania (about 20 miles from my desk) are willing to trust me more than the folks in OH where I live....
Regards,
evan price
Member
Ohio's CCW law looks like it was written by the proverbial thousand monkeys with a thousand typewriters. As an Ohio reseident, when I got my CCW, the class spent a lot of time debating the finer points of the law. For example, the CCW may be carried in a "locked glove compartment" while travelling in a vehicle.... what about consoles? What about Chrysler Minivans with the locked storage bin under the front seat, but the glove compartment is not lockable? What about my truck without a locking glove box or console? What constitutes "law enforcement purposes" when speaking with a LEO, specifically, the part about notifying a LEO immediately that you are CCW when interacting with a LEO "for law enforcement purposes"??? Most LEO questions tend to be informational/investigational in one way or another.
Unfortunately these clarifications will probably come at the cost of one or more CCW permit holders being arrested and going to trial. Who wants to be a martyr?
Unfortunately these clarifications will probably come at the cost of one or more CCW permit holders being arrested and going to trial. Who wants to be a martyr?
Vex
Member
Hello all,
It's being cleaned up now. It just takes time. Check out HB347 and SB252.
Yes.
No.
Maybe. It happened to two people. What else happened during these incidents? None of us were there to know for sure....
Uh.... maybe. The police and the prosecution have to prove the culpable mental state of "Knowingly," and if the "trespasser" states "I didn't see the sign, therefore I didn't know," it makes it pretty hard.
Not in Ohio. The law clearly states it must be on the person in a holster in plain sight, or in a locked container or glovebox.
It's being cleaned up now. It just takes time. Check out HB347 and SB252.
Yes.
No.
Maybe. It happened to two people. What else happened during these incidents? None of us were there to know for sure....
Uh.... maybe. The police and the prosecution have to prove the culpable mental state of "Knowingly," and if the "trespasser" states "I didn't see the sign, therefore I didn't know," it makes it pretty hard.
Not in Ohio. The law clearly states it must be on the person in a holster in plain sight, or in a locked container or glovebox.
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