Duty to notify

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: Chuck, Mustang380gal, Coordinators, Moderators

qmti
OFCC Member
OFCC Member
Posts: 664
Joined: Fri Dec 12, 2014 2:18 pm

Duty to notify

Post by qmti »

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?
Cruiser
OFCC Member
OFCC Member
Posts: 10911
Joined: Mon Jul 04, 2005 6:41 pm
Location: Mercer County, Ohio - what is yours?

Re: Duty to notify

Post by Cruiser »

Kind of GRAY area! That is an opinion not fact. :)
Abandon ye all HOPE!
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5800
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Duty to notify

Post by JustaShooter »

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.
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!
WestonDon
OFCC Patron Member
OFCC Patron Member
Posts: 2680
Joined: Wed Nov 02, 2011 3:30 pm
Location: Wood county

Re: Duty to notify

Post by WestonDon »

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".
I believe in American exceptianalism
Fear the government that fears your guns
NRA endowment life member
User avatar
DontTreadOnMe
OFCC Patron Member
OFCC Patron Member
Posts: 1750
Joined: Wed May 02, 2012 11:11 am
Location: SW Ohio

Re: Duty to notify

Post by DontTreadOnMe »

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".
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).

Don't mean to pick on you, just pointing out that the notification law is clear as mud and ought to go away.
qmti
OFCC Member
OFCC Member
Posts: 664
Joined: Fri Dec 12, 2014 2:18 pm

Re: Duty to notify

Post by qmti »

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.
Tru-Heathen
Posts: 694
Joined: Thu Oct 17, 2013 1:17 pm
Location: Hardin County

Re: Duty to notify

Post by Tru-Heathen »

DontTreadOnMe wrote:
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".
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).

Don't mean to pick on you, just pointing out that the notification law is clear as mud and ought to go away.
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".

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.
Tru-Heathen
Posts: 694
Joined: Thu Oct 17, 2013 1:17 pm
Location: Hardin County

Re: Duty to notify

Post by Tru-Heathen »

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.
Do as you wish. However doing so,like notifying when unarmed,runs the risk that LEOs begin to expect it to occur.
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.
User avatar
MyWifeSaidYes
OFCC Coordinator
OFCC Coordinator
Posts: 5449
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio
Contact:

Re: Duty to notify

Post by MyWifeSaidYes »

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?
MyWifeSaidYes
Javelin Man
OFCC Member
OFCC Member
Posts: 7481
Joined: Fri Aug 19, 2005 4:53 pm
Location: Sandusky County

Re: Duty to notify

Post by Javelin Man »

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.
Famous last words: "I just drank What?!-Socrates

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
Brian D.
Posts: 16229
Joined: Mon Jul 04, 2005 8:42 pm
Location: SW Ohio

Re: Duty to notify

Post by Brian D. »

DontTreadOnMe wrote:...just pointing out that the notification law is clear as mud and ought to go away.
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. ;) )

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!

********************************************************************************
1911 and Browning Hi Power Enthusianado.
3FULLMAGS+1
OFCC Coordinator
OFCC Coordinator
Posts: 705
Joined: Fri May 11, 2012 7:01 pm
Location: S.W. corner of stark. co.

Re: Duty to notify

Post by 3FULLMAGS+1 »

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'
Darrel
They say the best "Home Remedy" for "tyranny" is....."LEAD POISONING".
User avatar
MyWifeSaidYes
OFCC Coordinator
OFCC Coordinator
Posts: 5449
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio
Contact:

Re: Duty to notify

Post by MyWifeSaidYes »

3FULLMAGS+1 wrote:...But if you were out walking and openly carrying you didn't have 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.

Don't ask me how I know. :P

"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.

Image
MyWifeSaidYes
3FULLMAGS+1
OFCC Coordinator
OFCC Coordinator
Posts: 705
Joined: Fri May 11, 2012 7:01 pm
Location: S.W. corner of stark. co.

Re: Duty to notify

Post by 3FULLMAGS+1 »

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.
Darrel
They say the best "Home Remedy" for "tyranny" is....."LEAD POISONING".
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5800
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Duty to notify

Post by JustaShooter »

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.
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.

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;
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!
Post Reply