First time notification not as I expected...

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Cloudwraith
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First time notification not as I expected...

Post by Cloudwraith »

A couple of weekends ago I was invited out to a rural farm to do some shooting with friends of mine. The farm was in Union county and the plan was to spend a few hours with our pistols and a few rifles. The first couple hours were fine but hot and a storm rolled in (the second one after the major storm that caused all the power outages). The wind picked up briskly and threatened to blow away our tents that we had erected to stave off the sun. As we all scrambled to collect things that the wind was blowing around I holstered my Glock 23 in my Serpa as I didn't have time to unload and secure it.

Just as we started packing things up trying to beat the rain a Union Co. Sheriff Deputy pulled up to look into a call about the gunshots I guess. The owner of the land apparently knew the Deputy (although from my understanding not well) and immediately went up to him and began talking to him about why he was there and began telling him that we were legally shooting on his land, etc... I was about 20-30 feet away and not part of the conversation but remembered I had my gun on me and hidden by my shirt. I immediately walked up to the Deputy and informed him that I had a valid Ohio CHL and that I was armed even though this meant interrupting the Deputy and land owner's conversation.

The Deputy looked at me like I was stupid and rude for interrupting. The land owner berated me and said "don't worry about that right now". Having said my piece I walked away and continued to pack up our stuff before leaving hastily (rain was beginning to pour down). I'm not sure if I should have notified but I felt that as I was part of the event that the Deputy was investigating that I should have (and did). Sort of like if you are a passenger in a car that is pulled over. I feel like I did the right thing but the response I got made me feel like it was the wrong thing. This was the first time I've had to notify and I didn't want to chance a problem.

On the drive home my wife said I should have just uncovered my gun and not said a word. Seems like the simplest solution to me but hind site is 20/20. Live and learn I guess.

What would you have done in regards to notification?
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rg920
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Re: First time notification not as I expected...

Post by rg920 »

My take on it is this...The Deputy was not having contact with you per se, so no need to inform. If the Deputy walked over to you with landowner in tow and started a conversation (contact), then most certainly you are to notify. I wouldn't sweat too much, until they change the law, you are likely to have more than ample opportunity to notify. Be Safe.
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bearkitty
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Re: First time notification not as I expected...

Post by bearkitty »

I'm wondering if uncovering the gun (eta: in view of the LEO) might have been seen as a hostile act on your part?

I think you did the right thing.
Last edited by bearkitty on Thu Jul 19, 2012 2:01 pm, edited 1 time in total.
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Re: First time notification not as I expected...

Post by Fyr_Capn »

2923.12 Carrying concealed weapons.

(A) No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand, any of the following:

(1) A deadly weapon other than a handgun;

(2) A handgun other than a dangerous ordnance;

(3) A dangerous ordnance.

(B) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code 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 license or temporary emergency license to carry a concealed handgun and that the person then is carrying a concealed handgun;

Go about your business. If the Deputy would have made contact with you then inform.
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parbreaker
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Re: First time notification not as I expected...

Post by parbreaker »

I don't think anyone here can fault you for your actions, especially considering some of the trouble others have had in Ohio by officers abusing the notification law.

Personally, I have been in a similar situation. My father was in a minor car accident (minor for him in his Chevy 2500, major for the honda who's hood his rear tires rolled over, lol). It was the other drivers fault and no one was injured. I was there taking pictures of the accident scene (skid marks, grass runs, vehicle damage, overall pics, etc.) just to protect ourselves. When the officer showed up he immediately engaged in conversation with my father and the other driver. I was about twenty feet back still taking some pictures. I wasn't approached and I simply remained aware of it and maintained my distance just out of conversational earshot. Once the officer walked over near me as he was inspecting the truck I informed him to be safe.

If I were in your situation I probably would have flipped my shirt back to be OCing as soon as I saw the police car, and if I forgot I would have waited until I was approached personally... as I said though, no one can fault you and I think what you did was just fine.
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Cloudwraith
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Re: First time notification not as I expected...

Post by Cloudwraith »

Fyr_Capn wrote: (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 license or temporary emergency license to carry a concealed handgun and that the person then is carrying a concealed handgun;

Go about your business. If the Deputy would have made contact with you then inform.
I was under the impression that as a passenger in a stopped vehicle you have the obligation to inform as well. Is this not the case? That would seem to be contrary to what the ORC says. If the LEO does not talk to me while I am in the vehicle (not driver) do I not inform? I think I'm informing here.

LEO approaches stopped vehicle of which I am a passenger and participating in the activity for which it was stopped (speeding).
LEO approaches an activity of which I am a participant in the activity for which he was investigating (shooting).
Similar situations in my mind....

So much ambiguity with this notification requirement. I guess I just want to err on the side of caution.
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Bianchi?
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Re: First time notification not as I expected...

Post by Bianchi? »

Cloudwraith wrote:
I was under the impression that as a passenger in a stopped vehicle you have the obligation to inform as well. Is this not the case? That would seem to be contrary to what the ORC says. If the LEO does not talk to me while I am in the vehicle (not driver) do I not inform? I think I'm informing here.

LEO approaches stopped vehicle of which I am a passenger and participating in the activity for which it was stopped (speeding).
LEO approaches an activity of which I am a participant in the activity for which he was investigating (shooting).
Similar situations in my mind....

So much ambiguity with this notification requirement. I guess I just want to err on the side of caution.
There is a different law in the orc that deals with notification in a vehicle. And you have to notify if you are in a vehicle that is stopped for law enforcement purpose.
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Re: First time notification not as I expected...

Post by Beskar'gam »

Cloudwraith wrote:So much ambiguity with this notification requirement. I guess I just want to err on the side of caution.
Better safe than sorry, especially with the notification troubles of late. As far as coming off to the deputy as "stupid," who cares, were you planning on seeing him again soon? :P

Who knows, maybe if we start doing it all the time - even for no reason whatsoever, LEOs will get so sick of being pestered they will actually support no notification - but I doubt it
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Re: First time notification not as I expected...

Post by Lthrnck »

"When in doubt, SHOUT IT OUT" I and I do mean loudly... talk over the officer or any one else if necessary... make sure you are heard.

"I am a CHL holder and I am currently carrying. (pause briefly)

My side arm is (where you have it concealed, and don't forget to announce any BUGS), Do you have any instructions officer."

It's a helluva lot easier taking hits on how you did or how your didn't do, when typing replys from your PC at home. (Hint... they usually don't allow you to have PC's , Laptops or Iphones or Ipods in the cell if they arrest you for not informing.

I don't care what kind of looks I get... When I am in doubt.. I inform.

That being said... We need to get rid of this Informing requirement.
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Re: First time notification not as I expected...

Post by Werz »

Lthrnck wrote:"I am a CHL holder and I am currently carrying. (pause briefly)

My side arm is (where you have it concealed, and don't forget to announce any BUGS), Do you have any instructions officer."
"Yeah. Go away. I'm busy."
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Cloudwraith
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Re: First time notification not as I expected...

Post by Cloudwraith »

Werz wrote: "Yeah. Go away. I'm busy."
That was seriously the feeling I got....
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Re: First time notification not as I expected...

Post by milligan740 »

I came into this thread immediately after reading an article about the Columbus Police Department shooting and killing a homeowner who had called in a break-in at his apartment. Given that these mix-ups happen ALL THE TIME, I'd say that you should absolutely never reach anywhere near your firearm while LEO is present unless he tells you to do so. It may be legal to do so in some cases but that doesn't mean it is a wise decision. I would have stayed away from the officer unless approached so that my duty to inform was not an issue.
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rDigital
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Re: First time notification not as I expected...

Post by rDigital »

When in doubt, notify. 8)

Good Job
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Re: First time notification not as I expected...

Post by sodbuster95 »

rDigital wrote:When in doubt, notify. 8)

Good Job
I agree with others that there was likely no need or reason to notify in this case. But, given the current state of the law, you're better off walking 20 feet in the rain to notify when you don't have to than to keep your mouth shut when you should have said something.
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Re: First time notification not as I expected...

Post by Brian D. »

On the subject of shooting out in the hinterlands as the OP describes...

Some friends and I have shot at a little gravel pit in Greene County for decades now, Sunday afternoons pretty much year round. Every once in a blue moon the wind comes from a weird direction, folks living a couple miles away hear the noise and call the sheriff's office. Invariably the first deputy to arrive has been like the one LEO in the county that somehow didn't already know we shoot there. It's funny how they start to pull into the driveway, get close enough to see half a dozen or more of us with holstered handguns, then sort of go into reverse and decide NOT to come ask what we're up to until another cruiser shows up. Again as if it's a comedy script, the next responder knows all about us and spends some time chiding his coworker about how he/she should have already known it was "just those guys who shoot here all the flippin' time".

Another rural shooting spot we use is in Butler County and the property owner always pre-notifies the sheriff's office we're going to be there, shooting rifles (it's a bigger chunk of ground than the other place) and then after dark, handguns, so as to get some practice in with the flashlights and tritium sights. When there we tend to lock the gate behind us as the attendees show up, so if the deputies arrive--and they have a couple times, even with the pre-notification--they have no choice but to hike in or call for their officers on horseback. Maybe it's only funny in person, but they do NOT try to sneak up on us, I think in part because when they observe what we're doing they see a safe firing line and good safety habits thru their binoculars.

Point being it might help to call ahead and tell the sheriff's department that they could be getting some calls about gunfire in a certain area, but sometimes they'll show up anyhow, apparently like at my place of work the folks don't always share info very well.
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