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Question for LE Folks

Discussion in 'Legal' started by Olon, Aug 17, 2019.

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  1. Olon

    Olon Member

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    Howdy,

    Finally got my CHP from the NE state patrol, and I’m about to go on an extended trip for work. Regretfully, they managed to misspell my middle name so it doesn’t match my drivers license.

    Is it legal for me to carry with this while I wait for a new one? If you were to pull somebody over and have this situation explained how would that go?

    I realize LE isn’t out to get CHP holders but I’d like to hear what those people have to say.

    Thanks in advance,

    Olon
     
  2. Sistema1927

    Sistema1927 Member

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    Why would you rely on the advice of anonymous internet strangers?

    It would be better, and probably easier, to contact the agency that issued the permit.
     
  3. herrwalther

    herrwalther Member

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    Typically, (as I don't know how it works for NE) they will ask you to verify all information on the permit. That way any errors are fixed before you go out the door. I am willing to bet the vast majority of LE won't care of a mispelled middle name. But why bother taking the legal risk? Call up the department, and see how they want to go about getting it fixed. My name was misspelled on a driver's license some years ago, quick phone call to the DMV and they had a new one in the mail to me over an honest mistake, without making a trip in.
     
  4. Charlie Horse

    Charlie Horse Member

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    If for some reason you and I had an interaction, and I could tell it was your permit and you were't trying to pull something, I wouldn't care. In 25 years I've never arrested anyone with a permit for a violent crime. I would tell you what I'm telling you now, see about getting it corrected. It shouldn't be a big deal, since any government employee sees these kinds of errors from time to time. Does it have a photo, SSN, DL# or other way he can look at it and realize its really yours? How bad is the misspelling?
     
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  5. milemaker13

    milemaker13 Member

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    How bad is the misspelling? Also you are getting it corrected but your leaving on a trip before the new card will arrive.
    Personally, I wouldnt sweat it too much. Picture matches. Name (mostly lol) matches. And 99.999% odds are you will never show it to any LE anyhow.
     
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  6. Frank Ettin

    Frank Ettin Moderator

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    That might be how you would handle things, but there are a lot or LEOs out there who aren't you. So there's really no reason to believe that every cop will do things the way you would.

    In general, and subject to the policies of a particular agency, an officer in the field will have a certain amount of discretion. But the tricky thing about discretion is that it is discretion, i. e., the power to decide what to do based on an exercise personal judgment. And the means that one can't necessarily count on.

    It would be more helpful to the OP to know if there's some controlling statute, regulation or case law on the subject (but there probably isn't).
     
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  7. Charlie Horse

    Charlie Horse Member

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    Yes Frank, but I can only answer for myself, and it isn't news that I'm not the only LEO on the street. I never claimed to know how others would act. Now you can sleep easier knowing that you took your customary smarmy shot. I know that there is no controlling statute in Alabama speaking to this issue. I also don't see most LEOs I know getting worked up about it either.

    It would also be handy to know what jurisdiction(s) we are talking about here. If the statue merely reads that you must have the permit, and it can be reasonably inferred that the one in your possession was issued to you, then you should be fine unless someone wants to be difficult. Even then, I can't see anyone wanting to go to the mat on a case like this. I'm sure there is some idiot ADA out there looking to make a name for him\herself, but the odds should be fairly low.
     
  8. newfalguy101

    newfalguy101 Member

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    I dont know if it makes a huge difference or not but in Nebraska the CHP's are linked to the drivers license.

    In Nebraska, the dl # is issued to the driver and stays the same.

    So as long as the dl # matches, and the photos are the same person, it should be easy enough to see its a minor clerical error..

    Still...depending or where you actually live, and your tendency to actually interact with LEOs I would probably wait till the replacement chp shows up to carry.
     
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  9. lemaymiami

    lemaymiami Member

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    Won't attempt to make a judgment call here (I'm a long retired cop...) since the spectrum of actual interactions on the street runs the full range of possibilities - depending on who you're actually dealing with... but.... In my experience it's not un-common for there to be discrepancies in various forms of identification or permits of one kind or another. If I acted on those variations - I'd be tied up forever in "paperwork hell"... In short it's a judgment call, period. Yes, if there's a screw-up in your permit you're well advised to sort it out (and stand in line and wait - all the fun stuff you get dealing with one government outfit or other....).

    Many years ago I was married overseas (spouse a UK citizen) and returned to the US to find that her green card had been issued under her maiden name.... My young wife quickly sent it back with a covering letter noting the error.... Big mistake since it took us almost four years (and the intervention of our local congressman... ) to get a replacement with her married name... We should have known better - but that's how you learn.... Years after that, when she finally became a US citizen, we laughed about it - but it wasn't funny at all when it happened... All of this was long before immigration became such a controversial issue... almost 39 years to be exact...
     
  10. Spats McGee

    Spats McGee Moderator

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    As always, my caveat. I'm not licensed in NE. With that said, I took a peek at NE law. My cursory review didn't turn up anything that even mentioned misspelled middle names or other minor errors on the permit. Personally, I'd call the state patrol and ask them how to go about getting it corrected. If you have to turn in your CHP while they correct the issue, you may not carry. You must have your CHP with you to carry. "A permitholder shall carry his or her permit to carry a concealed handgun and his or her Nebraska driver's license, Nebraska-issued state identification card, or military identification card any time he or she carries a concealed handgun." Neb. Rev. Stat. Ann. § 69-2440 (West). OTOH, if you're allowed to keep your CHP with the mistake, I think you would be legal to carry. I would consider this a clerical error, which should not affect the validity of the CHP.

    As to how potential LE contact will go, . . . . I'm not a LE, but I've worked with a metric ton of them. I doubt many would care about a simple misspelling. OTOH, part of that equation depends on how you behave in the time between first contact and their discovery of the misspelling. Were I in your shoes, I'd get out in front of it. Like, "Here's my CHP. I am carrying a concealed pistol and it's on my right hip. Just so you know, my middle name somehow got misspelled in the CHP process. Everything else is correct."
     
  11. Olon

    Olon Member

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    Makes sense I suppose. I drive a truck for work and that means I come into contact with state patrol on a regular basis at weigh stations and such. Thanks a lot for taking the time to check it out and write up a response, I do appreciate that.
     
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  12. Olon

    Olon Member

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    Yeah the misspelling is an “a” where there should be an “o” so it isn’t real drastic. And like I mentioned in my other reply I imagine it’s also different if they clock me going 110 down the interstate... the only LE contact I have is at weigh stations or getting pulled over for random inspections.

    I’ll give em a call on Monday but of course I’m leaving early morning that day and won’t be back for several months. Hoping they let me retain and use this one while I wait for the machine to turn haha.
     
  13. Speedo66

    Speedo66 Member

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    Perhaps while you wait for your new permit you can get them to send you an email confirming they sent you a misspelled card. Having a hard copy of that email, in conjunction with your current permit, should alleviate any problem while traveling.

    Though retired, it would not have caused a fuss with me, assuming all other data, i.e., balance of name, address, etc. matched corresponding data on your other identification, such as your driver's license.

    If the middle name spelling was just off, but still obviously the same name, aside from an attorney, who would find this an insurmountable problem?
     
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  14. newfalguy101

    newfalguy101 Member

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    I wonder how many people would even notice its an "a" rather than an "o" , especially in a middle name.....
     
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  15. Charlie Horse

    Charlie Horse Member

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    Honestly, I wonder how many would really notice, and if they did, I don't see it being a big deal as long as everything else tracks back to you. (Photo, permit #, that sort of thing.) I can't imagine going to an ADA and talking about the cases I've brought in. Yep, I've got Assault 2nd here, that one was Aggravated talking, and here we have carrying without a permit because his name was misspelled..." I know there are jurisdictions where silliness reigns, but the idea of standing in front of a judge and telling him that you didn't have a valid permit when one was issued to you and it was a typo? I can't imagine jumping through those hoops just to irritate a judge, and make a jury laugh. I CAN imagine being told about the lawsuit coming down because I arrested someone who hadn't actually broken the law...

    You're on the right track. When you talk to them, don't be surprised to hear a chuckle, and a simple solution, like, "We'll send it right out" I would advise you to be prepared to have it forwarded to where you'll be.
     
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  16. IlikeSA

    IlikeSA Member

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    Former LEO here, I still look at various IDs in my current job.

    Unless it has something directly to do with the permit or your carrying of a firearm, I wouldn't care about a typo, nor would I look very hard at it. I wouldn't jam someone up for a typo.

    I don't think I have ever met a criminal with a forged CCW permit. I don't think I have ever met a criminal (who was not in cuffs) that volunteered to me that they were carrying.
     
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  17. dcloco

    dcloco Member

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  18. Rule3

    Rule3 Member

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  19. cheygriz

    cheygriz Member

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    Unless it was obviously forged I would point it our and suggest that it be corrected. no further action.
     
  20. Olon

    Olon Member

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    Yeah I applied for an “information change” and what’s funny is my name is spelled exactly right there... they have you check it when they put all the information in and I was starting to question if I missed it the first day I applied.

    Now time to wait for the new one. I called them Monday and they said it’s still valid but I should apply to change the information on it.

    @Rule3 no with work I’m hardly ever in my state during harvest time which is why it would’ve been a pain if I had to wait until they sent a new one. Luckily I don’t so I can pick it up next time I’m home.
     
  21. Rule3

    Rule3 Member

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    Well then you have more of a concern of Reciprocity depending on what States you go through.
     
  22. shafter

    shafter Member

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    Most wouldn't notice the difference, and if they did it wouldn't be a big deal. The wrong officer in the wrong state might hassle you about it though, but I guarantee none that I know would.
     
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  23. blue32

    blue32 Member

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    As long as the reason for the stop had nothing beyond a moving or equipment violation I'd say thanks for carrying and send you on your way. I don't think a misspelled middle name by itself would be objectively reasonable to investigate further, and if you offered the explanation above, I definitely wouldn't give you a hard time and neither would many of my coworkers.
     
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  24. Styx

    Styx Member

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    In my state, not having your carry permit on you is a simple and small civil fine that will most likely be dismissed if shown to a judge in court...

    Even with a typo on the permit, the address, DOB, and SS# should be a match. The handful of times I've been stopped over the years, the officer already knew about my carry permit before they initially approached my car...

    Also like Frank stated, officers have desertion in many cases, and IMHO and from my personal experience, even more do not know all the laws as well as case law. No offense to the officers on the forum, but I wouldn't depend on them for legal advice. They aren't lawyers.
     
  25. Frank Ettin

    Frank Ettin Moderator

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    A lot of opinions/guesses/anecdotes. And in fact there is probably no definitive information out there. So this is most likely the best one can expect.
     
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