Question on Traffic Stop

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Hivoltage
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Question on Traffic Stop

Post by Hivoltage »

So if you are stopped by the law, and you do NOT have a gun in the vehicle, are you required to inform the officer that you have a CCW, and act like you have a gun on you?
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JustaShooter
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Re: Question on Traffic Stop

Post by JustaShooter »

No. You are only required to notify law enforcement that you have a Concealed Handgun License (CHL) if you have a loaded handgun with you. However, not all police officers understand that, so some people will notify them anyway and tell them they are not armed at the time.
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MyWifeSaidYes
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Re: Question on Traffic Stop

Post by MyWifeSaidYes »

No gun = no notify.
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747tech
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Re: Question on Traffic Stop

Post by 747tech »

In the most respectful way possible might I suggest reading toe attorney generals handbook.
Do not rely on what ANYONE tells you even though in this case the folks here are correct.
Can't use the defense that so and so said it was ok.

K am always amazed when I am ask if someone can carry in a certain state my reply is usually look it up, don't rely on what I say.
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Michael
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Re: Question on Traffic Stop

Post by Michael »

747tech wrote:Do not rely on what ANYONE tells you even though in this case the folks here are correct.
There’s no need to be legalistic here, as there is no ambiguity in the law on this matter. Every attorney agrees that you are not required to notify if you are not armed.
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Re: Question on Traffic Stop

Post by jabeatty »

747tech wrote:Do not rely on what ANYONE tells you even though in this case the folks here are correct.
I don't agree.
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Re: Question on Traffic Stop

Post by pirateguy191 »

747tech wrote:In the most respectful way possible might I suggest reading toe attorney generals handbook.
Do not rely on what ANYONE tells you even though in this case the folks here are correct.
Can't use the defense that so and so said it was ok.

K am always amazed when I am ask if someone can carry in a certain state my reply is usually look it up, don't rely on what I say.
Foot lawyer? :lol:
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Re: Question on Traffic Stop

Post by dcludwig »

pirateguy191 wrote:
747tech wrote:In the most respectful way possible might I suggest reading toe attorney generals handbook.
Do not rely on what ANYONE tells you even though in this case the folks here are correct.
Can't use the defense that so and so said it was ok.

K am always amazed when I am ask if someone can carry in a certain state my reply is usually look it up, don't rely on what I say.
Foot lawyer? :lol:
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Re: Question on Traffic Stop

Post by 747tech »

OOPS :D
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Hivoltage
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Re: Question on Traffic Stop

Post by Hivoltage »

Thanks for the answers...reason I asked is because I was stopped and not carrying a gun and the State Patrolman asked if there was anything I forgot to tell him. I said I was not carrying and he said he could arrest me if he wanted to. I did not argue...but thought he was wrong. I just said I was sorry and he let me go.
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Re: Question on Traffic Stop

Post by WayneB »

Hivoltage wrote:Thanks for the answers...reason I asked is because I was stopped and not carrying a gun and the State Patrolman asked if there was anything I forgot to tell him. I said I was not carrying and he said he could arrest me if he wanted to. I did not argue...but thought he was wrong. I just said I was sorry and he let me go.
And, all in unison now, ..3...2...1 "that's a prime reason that notification has to go".
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djthomas
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Re: Question on Traffic Stop

Post by djthomas »

Hivoltage wrote:I said I was not carrying and he said he could arrest me if he wanted to.
Which begs the question, why didn't he? OSHP usually gets excited at the prospect an arrest other than a traffic ticket. Perhaps because he was unsure of the law himself or he knew that if he falsely arrested you then you could sue if you wanted to.

Personally I would be following up with his chain of command. Threatening false arrest is not something that's taken lightly by the brass. We've had a few tales like this and when folks have followed up they've almost always gotten very positive results.

Incidentally I also think notification should go away but I really don't think it will impact anything in cases like this. If the trooper wants to be obtuse he can threaten arrest all the same and he'll still have the same legal basis to stand on as he does today: none.
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deanimator
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Re: Question on Traffic Stop

Post by deanimator »

Hivoltage wrote:Thanks for the answers...reason I asked is because I was stopped and not carrying a gun and the State Patrolman asked if there was anything I forgot to tell him. I said I was not carrying and he said he could arrest me if he wanted to. I did not argue...but thought he was wrong. I just said I was sorry and he let me go.
He was talking smack.

He could't arrest you. He could FALSELY arrest you, resulting in as much pain for him as you're willing to impose.

I had a local cop try the "notify when not armed" thing. I was having none of it. When it was obvious that I knew the law, he backed off.

Notification's a bad thing when REQUIRED by law. Trying to impose it by WHIM is utterly unacceptable, and I refuse to do it.
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Re: Question on Traffic Stop

Post by mreising »

Please contact the brass at the trooper's post to follow up. Even without the trooper's ID info, a general call or letter to the post might help to get the word out. If you are not comfortable doing this let us know the location and someone can send a message.
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Tweed Ring
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Re: Question on Traffic Stop

Post by Tweed Ring »

Learn to use the search function. This topic has been beaten about for some time. I train students to notify, using a number of bullet points, as I find some police officers are made more comfortable if there is a notification. Clearly, I am in the minority of the trainers who post hereon. I am also in the minority of those who post hereon, as well.

Most of my students will never be involved in a self-defense shooting. Their only dealing with police officers will come during traffic stops. I want to make those situations as easy as possible for those students.

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