List your notification horror stories here

This forum is for discussion of general issues regarding Concealed Carry in your everyday life. This forum is not intended to be political or for discussing legislation.

Moderators: Coordinators, Moderators

Re: List your notification horror stories here

Postby Squirrel » Sat Dec 03, 2016 12:38 pm

Unfortunately my truck was gone through last night. Nothing of any value was taken but I thought I would at least talk to an officer with the hopes of them patrolling a little more.
I answered question for a few minutes about the items taken. The the office asks for ID.
Officer: " Can I see your ID"
Me: "Sure
As I was getting my ID from my wallet, He says
Officer: "you are one of the good guys, i'm not worried about you but you are supposed to tell me if you have a CCW and whether you are carrying or not".
Me: "No I don't"
Officer: " Yes you do it is in your concealed handgun book"
Me: "The book says that I must notify if I have a concealed handgun license and I am carrying"
Officer: "You have to tell me either way" (maybe not exactly what he said but something like that)
Me: "I disagree with that interpretation and I believe OFCC sent letters to all Ohio police departments regarding this".

He dropped it after that and finished up talking about my stolen items. He was not rude or aggressive about it. I believe he truly believes what he is saying. I am thinking about emailing the department and attaching the 2923.126(A) but I am not sure what to say or how to word it. I believe it is a training issue.
User avatar
Squirrel
 
Posts: 260
Joined: Wed Nov 04, 2009 8:53 pm
Location: West Carrollton, Ohio

Re: List your notification horror stories here

Postby 3FULLMAGS+1 » Sun Dec 04, 2016 11:37 am

Squirrel wrote:Unfortunately my truck was gone through last night. Nothing of any value was taken but I thought I would at least talk to an officer with the hopes of them patrolling a little more.
I answered question for a few minutes about the items taken. The the office asks for ID.
Officer: " Can I see your ID"
Me: "Sure
As I was getting my ID from my wallet, He says
Officer: "you are one of the good guys, i'm not worried about you but you are supposed to tell me if you have a CCW and whether you are carrying or not".
Me: "No I don't"
Officer: " Yes you do it is in your concealed handgun book"
Me: "The book says that I must notify if I have a concealed handgun license and I am carrying"
Officer: "You have to tell me either way" (maybe not exactly what he said but something like that)
Me: "I disagree with that interpretation and I believe OFCC sent letters to all Ohio police departments regarding this".

He dropped it after that and finished up talking about my stolen items. He was not rude or aggressive about it. I believe he truly believes what he is saying. I am thinking about emailing the department and attaching the 2923.126(A) but I am not sure what to say or how to word it. I believe it is a training issue.


Seems like you handled the stop ok and the officer seemed like a pro carry type because if he wasn't , he could have arrested you if he wanted to , but was (or thought he was) giving you a heads up in regards to notifying him.
I'd at least mention the officers name and mentioned that he was polite, even though he was wrong on the law.
Darrel
They say the best "Home Remedy" for "tyranny" is....."LEAD POISONING".
3FULLMAGS+1
OFCC Coordinator
OFCC Coordinator
 
Posts: 603
Joined: Fri May 11, 2012 7:01 pm
Location: S.W. corner of stark. co.

Re: List your notification horror stories here

Postby qmti » Sun Dec 04, 2016 3:33 pm

I'm a little fuzzy on 3fullmags+1 reply. Why would he be arrested for not notifying if he was not physically carry a weapon? I believe you do not have to notify if you are not carrying. Please explain.
qmti
OFCC Member
OFCC Member
 
Posts: 427
Joined: Fri Dec 12, 2014 2:18 pm

Re: List your notification horror stories here

Postby MyWifeSaidYes » Sun Dec 04, 2016 6:06 pm

qmti wrote:I'm a little fuzzy on 3fullmags+1 reply. Why would he be arrested for not notifying if he was not physically carry a weapon? I believe you do not have to notify if you are not carrying. Please explain.


The officer doesn't have to be "right" to arrest you.

He only has to think he's right.
MyWifeSaidYes
User avatar
MyWifeSaidYes
OFCC Coordinator
OFCC Coordinator
 
Posts: 5398
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio

Re: List your notification horror stories here

Postby qmti » Sun Dec 04, 2016 9:31 pm

MyWifeSaidYes wrote:
qmti wrote:I'm a little fuzzy on 3fullmags+1 reply. Why would he be arrested for not notifying if he was not physically carry a weapon? I believe you do not have to notify if you are not carrying. Please explain.


The officer doesn't have to be "right" to arrest you.

He only has to think he's right.


But if the officer is to uphold the laws, should he not know the laws. I would think that if I'm arrested for not notifying while I physically do not have my weapon with me, that would constitute false arrest and legal action could be taken against the officer. Would an attorney see it this way since I would have to get one?
qmti
OFCC Member
OFCC Member
 
Posts: 427
Joined: Fri Dec 12, 2014 2:18 pm

Re: List your notification horror stories here

Postby 3FULLMAGS+1 » Mon Dec 05, 2016 1:04 am

MyWifeSaidYes wrote:
qmti wrote:I'm a little fuzzy on 3fullmags+1 reply. Why would he be arrested for not notifying if he was not physically carry a weapon? I believe you do not have to notify if you are not carrying. Please explain.


The officer doesn't have to be "right" to arrest you.

He only has to think he's right.


Exactly.

I posted my encounter earlier in this thread.

The officer in my "notification horror story? wanted to arrest me for not notifying while openly carrying and for carrying a loaded gun in my commercial vehicle,(I have a chl).

Was he wrong on both accounts.....yes. Could he have arrested me.....yes, .....(my arguing with him about it probably didn't help him cool down either).

.....and thanks for contributing to this thread.
Darrel
They say the best "Home Remedy" for "tyranny" is....."LEAD POISONING".
3FULLMAGS+1
OFCC Coordinator
OFCC Coordinator
 
Posts: 603
Joined: Fri May 11, 2012 7:01 pm
Location: S.W. corner of stark. co.

Re: List your notification horror stories here

Postby sparky43040 » Mon Dec 05, 2016 9:39 am

Unless I missed something I thought you only had to notify if you were stopped for a traffic violation & maybe a passenger in the vehicle..

I was stopped once by OHP because I forgot my backup lights were on..I forgot to turn off the switch..Everything went fine

A couple other times not so good..both involved 2 different times involving local County LEOs..One on property where I lived
He was asking me questions why I called SO because my SIL was getting violant with me..says he wasnt taking a report..cause it was just a family argument...cant remember what I said next but then he wanted my ID...told him NO unless you take the report....said he would take me to jail if I didnt show my ID. I said GOOD!! Female Dep. said "just show him your DL"
after the fat LEO ran my ID he comes back and threatens to arrest me for Failure to Notify...Try it Mr {inappropriate language} this isnt a traffic stop we're standing in MY f'ing yard & I called you!!

About the same thing different county property owner called SO owner wanted me off his property (he hadnt told me)
property owner gave the LEOs my name ran a check said I had an outstanding warrant from another county..NOT me my son
same thing threats arrest for FTN same answer!! Alcohol "might" have played a part in this maybe the cops were drinking!!
sparky43040
 
Posts: 36
Joined: Mon Dec 05, 2016 8:26 am
Location: Bellefontine Ohio

Re: List your notification horror stories here

Postby Greenleaf4902 » Mon Dec 05, 2016 12:11 pm

Huge Grey Area;

MY handbook clearly states; if I am stopped for a law enforcement purpose.

How is calling a dept sheriff TO YOUR HOME (or anywhere for that matter) a stopping? What are they stopping you from doing? Watching television as you walk out the door to look at your vehicle which was broken into? or a barn, garage, chicken house etc.

It aint no stopping, friends. The fellow who posted on this forum concerning walking out his home, across the street, to speak w/a LEO concerning the accident notified said LEO. Why? what the heck was that about? He stopped you. He stopped you for a law enforcement purpose?

It literally says the word STOPPED

can anyone shed light on why folks notify when they ain't been stopped?
Greenleaf4902
 
Posts: 43
Joined: Thu Nov 24, 2016 8:54 am
Location: Ashland Richland and Other Counties

Re: List your notification horror stories here

Postby JustaShooter » Mon Dec 05, 2016 1:34 pm

Greenleaf4902 wrote:can anyone shed light on why folks notify when they ain't been stopped?

Because most people would rather grease the skids of life and move through it with as little hassle as possible, and since it can be unclear when an interaction crosses the line, many people would rather notify for any official interaction with law enforcement than risk being wrong. *I* think it is pretty clear - *you* seem to as well. But, not everyone is as certain - and for that matter, it is possible that we could run into that officer who is just as certain *he* is right and we get arrested and have to go through the time and expense to fix it. That is assuming we are able to fix it, since as has been pointed out in the past, just because you think the law is clear doesn't mean a judge or jury will agree with you. And remember, as long as the officer believes the law is what he says, we have no recourse against him for doing so.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
 
Posts: 4435
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: List your notification horror stories here

Postby JustaShooter » Mon Dec 05, 2016 1:36 pm

sparky43040 wrote:Unless I missed something I thought you only had to notify if you were stopped for a traffic violation & maybe a passenger in the vehicle..

You are required to notify when stopped for a law enforcement purpose if you are the driver or passenger in a motor vehicle - it doesn't have to be a traffic violation, it could be a checkpoint or whatever. You are also required to notify when stopped for a law enforcement purpose when not in a motor vehicle.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
 
Posts: 4435
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: List your notification horror stories here

Postby Greenleaf4902 » Mon Dec 05, 2016 5:09 pm

Exactly. Such as riding a bicycle. Walking. Jogging. Driving a farm tractor (happened to me) etc.
Greenleaf4902
 
Posts: 43
Joined: Thu Nov 24, 2016 8:54 am
Location: Ashland Richland and Other Counties

Re: List your notification horror stories here

Postby sparky43040 » Tue Dec 06, 2016 9:11 am

Thanks for correcting me,,,,,been a long since I was stopped for any thing
sparky43040
 
Posts: 36
Joined: Mon Dec 05, 2016 8:26 am
Location: Bellefontine Ohio

Re: List your notification horror stories here

Postby schmieg » Tue Dec 06, 2016 12:47 pm

sparky43040 wrote:Thanks for correcting me,,,,,been a long since I was stopped for any thing

And the legal meaning of "stop" is broader than the normal understanding of the word. A better and safer guide would be whenever an officer starts speaking with you about anything dealing with his job (other than saying it sucks or something similar), notify.
-- Mike

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
User avatar
schmieg
OFCC Coordinator
OFCC Coordinator
 
Posts: 5085
Joined: Mon Jul 04, 2005 11:11 pm
Location: Madeira, Ohio

Re: List your notification horror stories here

Postby Thanlon23 » Thu Jan 12, 2017 8:13 pm

Here's the way I view "stopped by law enforcement ":

Anytime a LEO speaks with you for official police business. Be it a traffic stop, a checkpoint, you calling the cops, you staying as a witness to [a crime, accident, etc.], or any other scenario where a cop would be speaking with you on official police business.

A cop in line at a a restaurant or coffee shop doesn't count. A cop simply saying "hello" as you pass doesn't count.
Thanlon23
 
Posts: 23
Joined: Wed Jan 11, 2017 8:22 pm
Location: Cleveland, OH

Re: List your notification horror stories here

Postby schmieg » Fri Jan 13, 2017 12:31 am

Thanlon23 wrote:Here's the way I view "stopped by law enforcement ":

Anytime a LEO speaks with you for official police business. Be it a traffic stop, a checkpoint, you calling the cops, you staying as a witness to [a crime, accident, etc.], or any other scenario where a cop would be speaking with you on official police business.

A cop in line at a a restaurant or coffee shop doesn't count. A cop simply saying "hello" as you pass doesn't count.

A very good view.
-- Mike

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
User avatar
schmieg
OFCC Coordinator
OFCC Coordinator
 
Posts: 5085
Joined: Mon Jul 04, 2005 11:11 pm
Location: Madeira, Ohio

PreviousNext

Return to Ohio Concealed Carry Discussion

Who is online

Users browsing this forum: No registered users and 5 guests