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Thread: Don't be stupid
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04-16-2013, 12:42 AM #11
I was told in my CCW class that the first words out of your mouth are that you have a CCP and if you are carrying or not ,if so the locatation of the weapon .
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04-16-2013, 05:56 AM #12
Alright guys, we've got to clear up some of this misinformation.
You have to inform/notify, IF AND ONLY IF YOU ARE ARMED. Period
There is a TON of misinformation out there, even instructors and police that are armed and insist that you must notify if you have your license, armed or not. That is INCORRECT. Hell, I've had that argument with a cop when I was unarmed. I did not notify, and he tried to write me a ticket for it until I referenced the Ohio Revised Code.
Here's my proof that in Ohio, you do not have to notify unless you are armed.
http://codes.ohio.gov/orc/2923.12
(B) No person who has been issued a concealed handgun license shall do any of the following:
(1) If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, fail to promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a concealed handgun license and that the person then is carrying a concealed handgun;
Mr Ed, I'm glad you were fortunate. I hear way too many stories of people who fail to inform because they didn't know the law, or forgot that they were armed, which seems ridiculous to me.
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04-16-2013, 06:25 AM #13
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04-16-2013, 12:24 PM #14
That's good information. It's amazing that an instructor can misinform on something like that.
Rookie Perch fisher, veteran Perch eater.
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04-16-2013, 12:50 PM #15
You're right, but at the same time, there are TONS of cops that don't know the laws either.
Ultimately, its our responsibility as license holders to study the law and be knowledgeable.
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04-16-2013, 05:00 PM #16
My CCW class was taught by the sherrif of my county and we actually read all the laws concerning concealed carry. His advice was to inform whether carrying or not to save yourself some headaches. Even though the law states when you are carrying a firearm you must notify the officer of the law immediately it is what it doesn't say that will get you in trouble. The law does not specificially say you do not have to inform an officer if not carrying and that is where the problem occurs. We had a judge verify this and what he said was there are some gray areas that are not perfectly clear and as a safety procedure you should notify any officer immediately whether you are carrying or not to be on the right side of the law and not in the gray area. I do so as not to create any problems that I don't need.
Airshot
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04-16-2013, 05:16 PM #17
Freddie i wish i had that little piece of info when i got pulled over by the state trooper i was not carrying and didnt tell him i was a ccw holder and when he found out he was pissed and gave me a big run around even had me out the truck and threatend to arrest me.
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04-16-2013, 07:43 PM #18
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04-17-2013, 09:24 AM #19
1. While I agree it isn't a bad idea to put the officer at ease by saying that you are not armed, it isn't the law. Every encounter is an opportunity for both sides to give and take a little, in order to reach an agreement. Maybe notifying him that you aren't armed, puts him or her at ease enough to just give you a warning instead of a ticket. Who knows. Then again, there are those who will abide by the law (inform only when armed) and nothing more. I can see it both ways.
2. That is wrong, and so is the judge. The Ohio Revised Code covers it all. There is no gray area in regards to notification. It is black and white. I just posted the ORC section, there is no other section on it. The ORC explicitly says what is illegal. If it is not in the ORC, then it is legal.
The only gray areas are in regards to self defense situations and how to handle them.Last edited by freddie; 04-17-2013 at 09:28 AM.
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04-17-2013, 05:58 PM #20
freddie....
I would like to see the part where it states that if you are not armed you do not have to tell the officer you have a ccw permit. If you read it it states that you must notify if you are armed. There is no specific statement that says
" you are not required to notify an officer that you are a ccw holder if not carrying a firearm" it does not say that and that is the gray area. I ma not
trying to start anything here, but one cannot assume the law is on there side because something is not clarified. The officer knows whether you have one the minute he runs a plate or runs your license, hell they even know when they run your fishing and hunting license. Your ccw is listed on all federal and state documentation. I will take my chances with the judge's opinion as he will be the one to make the decision.
Airshot
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