CC duty to inform police you are carrying

[jpliss]

Most conversations are about informing from a vehicle. But once I was sitting in a neighbors yard when police did a welfare check and I informed as then required. With the new law would I not have to inform now ? I know if asked I would but police certainly arent asking everyone they casually come into contact with. Or are they ?
WeinerDog

Im intrigued by this.

The act of notifying would be based on the CHL requirements.

However if you were in the yard which would be classified as private property the need for a CHL is null and void.

In this case would this not fall under state / federal ownership law?

If so would'nt this negate the negate the necessity to notify ?

Im not say you should, when officers show on my property I always let them know just a a curtesy, but am I required ?

[Brian D.]

Years ago, this occurred to a friend of mine from Kentucky. He was found guilty of a fishing-related offence when he was a resident of Florida. He paid the fee, continued living his life, and relocated to Kentucky. He obtained a CCDW licence when they were available in Kentucky. But the next time he attempted to purchase a firearm, the background check was "denied". To learn why, he contacted a lawyer. Florida informed her that the offence of fishing had been retrospectively "felonized," if you get what I mean.My friend's attorney had to travel to Tallahassee to meet with the state's administration and collaborate with a local lawyer.Florida eventually "unfelonized" that legislation, at least the portions that applied to the past. Someone ought to have been submerged.

Just stumbled across this post. The exact same thing happened to a male friend of mine, same circumstances and locations involved.

(I realize that "Alitanzar" submitted this one post and hasn't been here since, so I'm not responding to him/her specifically. Just verifying the accuracy of the story.)

[Brian D.]

Most conversations are about informing from a vehicle. But once I was sitting in a neighbors yard when police did a welfare check and I informed as then required. With the new law would I not have to inform now ? I know if asked I would but police certainly arent asking everyone they casually come into contact with. Or are they ?
WeinerDog

Im intrigued by this.

The act of notifying would be based on the CHL requirements.

However if you were in the yard which would be classified as private property the need for a CHL is null and void.

In this case would this not fall under state / federal ownership law?

If so would'nt this negate the negate the necessity to notify ?

Im not say you should, when officers show on my property I always let them know just a a curtesy, but am I required ?

In short, no.

[JustaShooter]

Most conversations are about informing from a vehicle. But once I was sitting in a neighbors yard when police did a welfare check and I informed as then required. With the new law would I not have to inform now ? I know if asked I would but police certainly arent asking everyone they casually come into contact with. Or are they ?
WeinerDog

Im intrigued by this.

The act of notifying would be based on the CHL requirements.

However if you were in the yard which would be classified as private property the need for a CHL is null and void.

In this case would this not fall under state / federal ownership law?

If so would'nt this negate the negate the necessity to notify ?

Im not say you should, when officers show on my property I always let them know just a a curtesy, but am I required ?

Technically, you weren't required to notify back then as you were not "stopped for a law enforcement purpose". Casual encounters have never required preemptive notification in Ohio.

Fortunately, the law is *much* clearer now, and you are only required to notify *when asked* - and technically then only if "stopped for a law enforcement purpose" (but frankly, if they are asking, you probably are in fact "stopped"...)

[qmti]

Just received a offer from Buckeye State Sheriff's Association in the mail to become a member. Wasn't this association against the bill that did away with the "promptly" notification when stopped by law enforcement?

[Bearable]

Just received a offer from Buckeye State Sheriff's Association in the mail to become a member. Wasn't this association against the bill that did away with the "promptly" notification when stopped by law enforcement?

YES. Most officers have a hard time honoring their oaths of office.

[Engineer_X]

How is it that if you are carrying, and you are asked by law enforcement if you are carrying, that you must answer truthfully? How is that not a 5th Amendment violation? Can we refuse to answer that question?
I would never advocate for answering dishonestly...but I would absolutely advocate for not answering any question.

[JustaShooter]

How is it that if you are carrying, and you are asked by law enforcement if you are carrying, that you must answer truthfully? How is that not a 5th Amendment violation? Can we refuse to answer that question?
I would never advocate for answering dishonestly...but I would absolutely advocate for not answering any question.

Under current Ohio law, you cannot refuse to answer. Is that a 5th amendment violation? Arguably it could be, but until it is challenged and works its way through the legal system, you are at risk of a criminal charge if you don't answer.

[Engineer_X]

Thanks for the reply. I found the Ohio statute, and I agree with you. It is the law. Might be unconstitutional, but still the law.

[M-Quigley]

Technically, you weren't required to notify back then as you were not "stopped for a law enforcement purpose". Casual encounters have never required preemptive notification in Ohio.

Fortunately, the law is *much* clearer now, and you are only required to notify *when asked* - and technically then only if "stopped for a law enforcement purpose" (but frankly, if they are asking, you probably are in fact "stopped"...)

I agree with the bolded, in general. I was in a odd situation once where I was asked and it was casual at the same time. I was a witness at an accident scene and promptly informed the first LE that approached me, no problem. Others showed up but since they didn't approach me I didn't approach them, technically no interaction. Then a deputy showed up, I knew him and he knew me, and he walked up to me. Before I could officially notify, he said "Hi' and I said hi back. I was just about to officially notify when he asked, "You still carrying that 45 AARP?"

[Glock Rock]

Carrying a concealed weapon: Rockside Road, Independence, Ohio

Police investigated a suspicious car in the parking lot of a hotel at 7:31 p.m. Oct. 4, 2024

The car was running and had excessive window tint. Police reportedly smelled the odor of marijuana coming from inside.

A handgun was found during a search of the car. The driver was cited for failing to notify police of the concealed weapon.

https://www.cleveland.com/community/202 ... otter.html

[Chuck]

If they ask, you gotta tell them, and they always ask during a search

[FormerNavy]

Carrying a concealed weapon: Rockside Road, Independence, Ohio

Police investigated a suspicious car in the parking lot of a hotel at 7:31 p.m. Oct. 4, 2024

The car was running and had excessive window tint. Police reportedly smelled the odor of marijuana coming from inside.

A handgun was found during a search of the car. The driver was cited for failing to notify police of the concealed weapon.

https://www.cleveland.com/community/202 ... otter.html

I honestly think that the duty to notify is a 5th amendment violation if having the handgun is a violation of the law for you, as it would be self incrimination. It's much more murky if you are legally in possession, whether or not notification is unconstitutional as you aren't self incriminating by notifying.