Duty to notify
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Duty to notify
Took the dog a walk along the country walk/bike path this morning. A Deputy Sheriff was patrolling the path on his bike saying "Hi or Good Morning" to people along the path. Even stopped to have conversations with people. He rode past me and said "Hi" but if he would have stopped to talk, would I have to notify him that I have a license and have my gun on me since it was not really a violation of some sort stop?
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- JustaShooter
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Re: Duty to notify
In my opinion, no, you would not have had to notify since you were not "stopped for a law enforcement purpose", which is what the notification portion of the law states.
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Re: Duty to notify
Depends what he wants to talk about. Discuss the weather, sports, whatever, all day long without notifying but if it's official business then notify. I wouldn't split hairs about the definition of "stopped" or "law enforcement purpose".
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- DontTreadOnMe
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Re: Duty to notify
But you just did. The comments seem casual but for all you know he's looking for potential burglars / drug deals / whatever, so there's your LE purpose (maybe). Now you split hairs over whether you were "stopped" (which maybe in his mind you were, even if you didn't know it).WestonDon wrote:Depends what he wants to talk about. Discuss the weather, sports, whatever, all day long without notifying but if it's official business then notify. I wouldn't split hairs about the definition of "stopped" or "law enforcement purpose".
Don't mean to pick on you, just pointing out that the notification law is clear as mud and ought to go away.
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Re: Duty to notify
Thanks for the reply's. I guess just to protect myself from any possible misunderstandings during the causal stop, I'll inform. That way nothing can be misconstrued during our causal stop.
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Re: Duty to notify
Mind reader is just one of the talents that I lack. However I've yet to not know when I've been stopped for "a law enforcement purpose".DontTreadOnMe wrote:But you just did. The comments seem casual but for all you know he's looking for potential burglars / drug deals / whatever, so there's your LE purpose (maybe). Now you split hairs over whether you were "stopped" (which maybe in his mind you were, even if you didn't know it).WestonDon wrote:Depends what he wants to talk about. Discuss the weather, sports, whatever, all day long without notifying but if it's official business then notify. I wouldn't split hairs about the definition of "stopped" or "law enforcement purpose".
Don't mean to pick on you, just pointing out that the notification law is clear as mud and ought to go away.
Do I talk to LEO? Yup,but just small talk.
I agree that notification needs to go away.
A wayfarer should not walk unarmed,
But have his weapons to hand:
He knows not when he may need a spear,
Or what menace meet on the road.
- Verse 38 from the Havamal, the Wisdom of Odin.
But have his weapons to hand:
He knows not when he may need a spear,
Or what menace meet on the road.
- Verse 38 from the Havamal, the Wisdom of Odin.
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Re: Duty to notify
Do as you wish. However doing so,like notifying when unarmed,runs the risk that LEOs begin to expect it to occur.qmti wrote:Thanks for the reply's. I guess just to protect myself from any possible misunderstandings during the causal stop, I'll inform. That way nothing can be misconstrued during our causal stop.
A wayfarer should not walk unarmed,
But have his weapons to hand:
He knows not when he may need a spear,
Or what menace meet on the road.
- Verse 38 from the Havamal, the Wisdom of Odin.
But have his weapons to hand:
He knows not when he may need a spear,
Or what menace meet on the road.
- Verse 38 from the Havamal, the Wisdom of Odin.
- MyWifeSaidYes
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Re: Duty to notify
You only have to notify when "stopped for a law enforcement purpose".
That's fact. R.C. 2923.126(A)
Now, if the gray area is wondering if saying "Hello." or "How are you doing this morning?" is a law enforcement purpose, I can also clear that up. It's not.
The gray area for me is when the officer starts asking investigatory questions AFTER the non-LE stop.
If I have not been "stopped for a law enforcement purpose", but the stop becomes LE-related for some reason, do I HAVE to notify? I know I SHOULD, but it doesn't seem to be required.
Of course, if I try to leave and am told I am not free to go, THEN I have been stopped and need to notify. But what if I stay there and continue the consensual conversation?
That's fact. R.C. 2923.126(A)
Now, if the gray area is wondering if saying "Hello." or "How are you doing this morning?" is a law enforcement purpose, I can also clear that up. It's not.
The gray area for me is when the officer starts asking investigatory questions AFTER the non-LE stop.
If I have not been "stopped for a law enforcement purpose", but the stop becomes LE-related for some reason, do I HAVE to notify? I know I SHOULD, but it doesn't seem to be required.
Of course, if I try to leave and am told I am not free to go, THEN I have been stopped and need to notify. But what if I stay there and continue the consensual conversation?
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Re: Duty to notify
I've spoken before of a time when a local police officer (out of his jurisdiction) and a deputy stopped me in my driveway to ask me a few questions about my neighbor who is known for a few activities. After a short while I asked if this is the time that I should inform about my concealed carry status. The officer chuckled and said he appreciated me telling him. He didn't mention if it was required or not.
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bruh bruh is slang for "complete and total moron" -sodbuster95
The following is a list of children's books that didn't quite make it to the printing press...
1. What Is That Dog Doing to That Other Dog?
2. Daddy Drinks Because You Cry
3. You Were An Accident
4. Bi-Curious George
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Re: Duty to notify
Spot on. And as I pointed out a few weeks ago, there are various law enforcement authorities that most of us probably wouldn't know to notify versus not. Downtown Cincinnati has Parking Enforcement people who wear CPD-looking badges and polo shirts. They don't carry weapons, make arrests, etc. nor are they "sworn officers". (Sworn AT, though. )DontTreadOnMe wrote:...just pointing out that the notification law is clear as mud and ought to go away.
Many cities have fire department investigators that may or may not make arrests, etc. Some cities/townships/counties employ park rangers. Again, they are a mixed bag regarding duties, powers, etc.
And I didn't even get to state or federal employees that regulate, enforce, whatever.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!
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Re: Duty to notify
Assuming you were out "walking" and "concealing" you gun, you may have had to notify depending on what he said/asked.
But if you were out walking and openly carrying you didn't have to notify, regardless of what he said or asked....just sayin'
But if you were out walking and openly carrying you didn't have to notify, regardless of what he said or asked....just sayin'
Darrel
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Re: Duty to notify
But if you're one of those nutcases that open AND conceal carry, you can get officers to make some funny faces when you notify.3FULLMAGS+1 wrote:...But if you were out walking and openly carrying you didn't have to notify...
Don't ask me how I know.
"Officer, I have a concealed carry license and I am carrying a concealed firearm!"
Then they always look at the the OC gun and do that little 'dog hears a weird noise' sideways head turn.
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Re: Duty to notify
Well I never gave that a thought....
My primary oc'ed gun is visible but my backup 380 is in a Sneeky Pete holster that completely covers the gun, so I'm not sure if I would need to notify or not when I've got both on me.
The 380's holster is in plain sight hanging on my belt.
My primary oc'ed gun is visible but my backup 380 is in a Sneeky Pete holster that completely covers the gun, so I'm not sure if I would need to notify or not when I've got both on me.
The 380's holster is in plain sight hanging on my belt.
Darrel
They say the best "Home Remedy" for "tyranny" is....."LEAD POISONING".
They say the best "Home Remedy" for "tyranny" is....."LEAD POISONING".
- JustaShooter
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Re: Duty to notify
Yes, you do need to notify since you are carrying a concealed handgun. The Sneaky Pete doesn't look like a gun/holster to normal observation (kind of its point) and the law says you must notify if carrying a concealed handgun.3FULLMAGS+1 wrote:Well I never gave that a thought....
My primary oc'ed gun is visible but my backup 380 is in a Sneeky Pete holster that completely covers the gun, so I'm not sure if I would need to notify or not when I've got both on me.
The 380's holster is in plain sight hanging on my belt.
ORC 2923.126 (A):
...
If a licensee is stopped for a law enforcement purpose and if the licensee is carrying a concealed handgun at the time the officer approaches, the licensee shall promptly inform any law enforcement officer who approaches the licensee while stopped that the licensee has been issued a concealed handgun license and that the licensee currently is carrying a concealed handgun;
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