LEO perspective

Use this forum to post your experience with encounters with law enforcement, criminals, or other encounters as a result of your firearm or potential to be carrying one.

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ApexShootingTactics
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LEO perspective

Post by ApexShootingTactics »

I usually only share my encounters with CHL holders but I wanted to share one my wife had. My wife is also a full-time officer. She stopped in a resteraunt to pick up her lunch and while waiting at the counter a young female walks up to her holding out her CHL and loudly proclaims she is armed and has a duty to notify. My wife said she said, "Ok but you don't need to notify in this instance" and tried to explain why. The female insisted she was told to do this in her CHL class. :roll:
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djthomas
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Re: LEO perspective

Post by djthomas »

That's funny, and sad right there. I've been notified by many individuals who are not armed at the time. The notification law needs to go.
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deanimator
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Re: LEO perspective

Post by deanimator »

djthomas wrote:That's funny, and sad right there. I've been notified by many individuals who are not armed at the time.
As I've noted previously, a Rocky River cop tried to badger me into notifying when NOT armed. I politely declined.
djthomas wrote:The notification law needs to go.
I can hardly disagree. It serves no purpose other than to lull a cop into a foolish sense of false security.

My not notifying doesn't mean I'm going to shoot a cop.
My notifying doesn't mean that I won't.
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Re: LEO perspective

Post by carmen fovozzo »

I am notifing every leo on this forum that I am armed....this notification will be inforce till further notice or until I drop dead. THAT IS ALL.
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rolltide92
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Re: LEO perspective

Post by rolltide92 »

ApexShootingTactics wrote:I usually only share my encounters with CHL holders but I wanted to share one my wife had. My wife is also a full-time officer. She stopped in a resteraunt to pick up her lunch and while waiting at the counter a young female walks up to her holding out her CHL and loudly proclaims she is armed and has a duty to notify. My wife said she said, "Ok but you don't need to notify in this instance" and tried to explain why. The female insisted she was told to do this in her CHL class. :roll:
I have heard this from a few people ( I am not a cop. Thanks to you and your wife for your service and God keep you both safe). I always understood it was when cops stopped you or pulled you over.
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JustaShooter
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Re: LEO perspective

Post by JustaShooter »

rolltide92 wrote:
ApexShootingTactics wrote:I usually only share my encounters with CHL holders but I wanted to share one my wife had. My wife is also a full-time officer. She stopped in a resteraunt to pick up her lunch and while waiting at the counter a young female walks up to her holding out her CHL and loudly proclaims she is armed and has a duty to notify. My wife said she said, "Ok but you don't need to notify in this instance" and tried to explain why. The female insisted she was told to do this in her CHL class. :roll:
I have heard this from a few people ( I am not a cop. Thanks to you and your wife for your service and God keep you both safe). I always understood it was when cops stopped you or pulled you over.
The law says you must notify if stopped for a law enforcement purpose and you are carrying a concealed handgun.
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Re: LEO perspective

Post by WayneB »

My personal interpretation is any official purpose or, any time I am interacting with an officer in his capacity as a LEO. This has worked well for me in the several times I've informed.

YMMV
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MyWifeSaidYes
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Re: LEO perspective

Post by MyWifeSaidYes »

WayneB wrote:My personal interpretation is any official purpose or, any time I am interacting with an officer in his capacity as a LEO. This has worked well for me in the several times I've informed.

YMMV
This has been rehashed many times on this forum. What one CHOOSES to do, of course, is up to each individual.

If I walk up to a cop and ask him to arrest someone, that might be an "official purpose" in his/her "capacity as a LEO", but it does NOT trigger the notification requirement.

The officer has to stop ME, and I have to be carrying concealed or have a loaded handgun while in or on a vehicle.

The law (2923.126) says:
If a licensee is the driver or an occupant of a motor vehicle that is stopped as the result of a traffic stop or a stop for another law enforcement purpose and if the licensee is transporting or has a loaded handgun in the motor vehicle at that time...
and
If a licensee is stopped for a law enforcement purpose and if the licensee is carrying a concealed handgun at the time...
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Re: LEO perspective

Post by glocksmith »

Don't mean to open up another can o worms, but does the law specify anything regarding what happens after the notification? What gives an officer the ability to temporarily confiscate a CHL holders weapon during a stop? It seems to me that sometimes they do, other times they don't. Are we talking officer discretion at this point?
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pirateguy191
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Re: LEO perspective

Post by pirateguy191 »

glocksmith wrote:Don't mean to open up another can o worms, but does the law specify anything regarding what happens after the notification? What gives an officer the ability to temporarily confiscate a CHL holders weapon during a stop? It seems to me that sometimes they do, other times they don't. Are we talking officer discretion at this point?
Yes.
(G) If a law enforcement officer stops a person to question the person regarding a possible violation of this section, for a traffic stop, or for any other law enforcement purpose, if the person surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop.
http://codes.ohio.gov/orc/2923.12" onclick="window.open(this.href);return false;
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BobK
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Re: LEO perspective

Post by BobK »

glocksmith wrote:Don't mean to open up another can o worms, but does the law specify anything regarding what happens after the notification? What gives an officer the ability to temporarily confiscate a CHL holders weapon during a stop? It seems to me that sometimes they do, other times they don't. Are we talking officer discretion at this point?
Is it also case law, in that the Supreme Court has several rulings that lean heavily towards balancing "officer safety" ahead of the temporary violation of a person's 4th Amendment right. All an officer needs to articulate is the weapon was secured during the interaction for his/her safety.
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djthomas
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Re: LEO perspective

Post by djthomas »

BobK wrote:Is it also case law, in that the Supreme Court has several rulings that lean heavily towards balancing "officer safety" ahead of the temporary violation of a person's 4th Amendment right.
The fact that the legislature did not feel the need to explicitly codify the authority to temporarily seize a handgun during a stop, yet they codified a "shall return" procedure (ORC 2923.163), tells me that they consider the authority to seize inherent and well established outside the ORC.
ApexShootingTactics
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Re: LEO perspective

Post by ApexShootingTactics »

Officers taking a CHL's gun during contact is an extreme rarity. The only instances that I am aware of are when there was some sort of investigation and the officer was able to articulate that the CHL holder posed a danger. I can't recall our agency ever taking a CHL's weapon and them not being arrested shortly after. Consider we average around 12,000 calls for service a year it isn't happening. Most agencies don't want their officers handling CHL's weapons without a very good reason.
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djthomas
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Re: LEO perspective

Post by djthomas »

ApexShootingTactics wrote:Officers taking a CHL's gun during contact is an extreme rarity. The only instances that I am aware of are when there was some sort of investigation and the officer was able to articulate that the CHL holder posed a danger. I can't recall our agency ever taking a CHL's weapon and them not being arrested shortly after. Consider we average around 12,000 calls for service a year it isn't happening. Most agencies don't want their officers handling CHL's weapons without a very good reason.
I will say that OSHP does have a bit different reputation in this regard and I've seen it go both ways with them. Without going into details I got into a tiff with one of them who rudely disarmed a person that I'd already cleared on a scene I was investigating (he happened to be passing by going from one post to another). He assumed that because I didn't take the gun the guy had failed to notify me.
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pirateguy191
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Re: LEO perspective

Post by pirateguy191 »

One of Garfield's finest disarmed one of our previous forum members a couple summers ago. He was open carrying and the officers believed, at that time, that open carry was illegal. One officer came up from behind, with no warning, and tried to pull member's Glock from his holster. From what I remember, member was carrying in a Serpa holster. Gun didn't come out as he had expected.
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