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CCW question


gaewsky1

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I usually carry, this time I wasn't.

 

I met with someone and ended up going into their residence, who ended up being a police officer. I didn't know this beforehand. If I was carrying should I have notified him I was?

I more than likely would have, depending on the situation. Even if he was off duty. Not yelling it out in a crowd or anything, just a discreet "hey, just so you know..."

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You should have permission before entering any private place. A business without a sign saying not to carry is permission. Before entering anyones home you should ask permission. Only time you have to notify a police officer is if its an official stop.
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Law says it must be an "official" interaction. I'd say no, but then some LEO will try to cite you for failure to notify when your not even armed.

 

That's because regardless of whether you're armed or not the law says to notify, "Officer, I am a concealed carry permit holder and I am (or am not) carrying."

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That's because regardless of whether you're armed or not the law says to notify, "Officer, I am a concealed carry permit holder and I am (or am not) carrying."

 

That is not what the law says. I made the key parts bold.

 

Of course it does not specifically say what to do in the case that one does not have the handgun with them and this is where the grey area starts. Sure you can win in court, but personally I'd just inform them either way to make the situation less tense because you never know what type of LEO you've encountered.

 

2923.126 Duties of licensed individual.

 

(A) A license to carry a concealed handgun that is issued under section 2923.125 of the Revised Code on or after March 14, 2007, shall expire five years after the date of issuance, and a license that is so issued prior to March 14, 2007, shall expire four years after the date of issuance. A licensee who has been issued a license under that section shall be granted a grace period of thirty days after the licensee’s license expires during which the licensee’s license remains valid. Except as provided in divisions (B) and © of this section, a licensee who has been issued a license under section 2923.125 or 2923.1213 of the Revised Code may carry a concealed handgun anywhere in this state if the licensee also carries a valid license and valid identification when the licensee is in actual possession of a concealed handgun. The licensee shall give notice of any change in the licensee’s residence address to the sheriff who issued the license within forty-five days after that change.

 

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, the licensee shall promptly inform any law enforcement officer who approaches the vehicle while stopped that the licensee has been issued a license or temporary emergency license to carry a concealed handgun and that the licensee currently possesses or has a loaded handgun; the licensee shall not knowingly disregard or fail to comply with lawful orders of a law enforcement officer given while the motor vehicle is stopped, knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the licensee’s hands in plain sight after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves, unless directed otherwise by a law enforcement officer; and the licensee shall not knowingly remove, attempt to remove, grasp, or hold the loaded handgun or knowingly have contact with the loaded handgun by touching it with the licensee’s hands or fingers, in any manner in violation of division (E) of section 2923.16 of the Revised Code, after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves. Additionally, if a licensee is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.04 of the Revised Code and if the licensee is transporting or has a loaded handgun in the commercial motor vehicle at that time, the licensee shall promptly inform the employee of the unit who approaches the vehicle while stopped that the licensee has been issued a license or temporary emergency license to carry a concealed handgun and that the licensee currently possesses or has a loaded handgun.

 

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 license or temporary emergency license to carry a concealed handgun and that the licensee currently is carrying a concealed handgun; the licensee shall not knowingly disregard or fail to comply with lawful orders of a law enforcement officer given while the licensee is stopped or knowingly fail to keep the licensee’s hands in plain sight after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves, unless directed otherwise by a law enforcement officer; and the licensee shall not knowingly remove, attempt to remove, grasp, or hold the loaded handgun or knowingly have contact with the loaded handgun by touching it with the licensee’s hands or fingers, in any manner in violation of division (B) of section 2923.12 of the Revised Code, after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves.

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(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;

 

http://codes.ohio.gov/orc/2923.12

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IDK, the question gets asked constantly on ohioccwforums.org and its always answered "no if your not carrying at the time."

 

Like you stated before, I'd rather just inform them and let them know whether I am or not. Of course, if you go through the trouble of getting a CCW you should be exercizing your right to carry about 99% of the time, save the time's it's illegal to do so, but if we're talking traffic stops those don't apply.

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Yenner, the bit you highlighted isn't the entirety of the passage...

 

Obviously. That's why I linked the entire thing. Nothing to hide. I was highlighting the part I needed, saying that if you have it issued license. Yes, just before it it says, "If you ARE carrying", but I'd rather inform them either way.

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(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

 

if your not carrying no you do not have to. although it would be smart to tell them. if they find out later, like in their car looking up your info they are going to be a bit spooked. you will hear about it when they come back to your car to ask if your carrying.

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if your not carrying no you do not have to. although it would be smart to tell them. if they find out later, like in their car looking up your info they are going to be a bit spooked. you will hear about it when they come back to your car to ask if your carrying.

 

That's what I was trying to say. I did orig think it was the law, but apparently I was wrong.

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I would definitely notify if I was in a car whether or not I was carrying. I've heard a bunch of stories of people getting a warning instead of a ticket due to them having a CCW even if they weren't carrying.

 

I was just wondering about the home.

 

Happened to me. Obviously can't say that notifying him of my CCW DEF got me out of a ticket, but I notified the officer, informed him I wasn't paying attention to my speed (in town and genuinely wasn't), and he let us go without even a written warning. Just asked us nicely to slow down.

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Happened to me. Obviously can't say that notifying him of my CCW DEF got me out of a ticket, but I notified the officer, informed him I wasn't paying attention to my speed (in town and genuinely wasn't), and he let us go without even a written warning. Just asked us nicely to slow down.

Same thing happened to me a while back .

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The officer teaching my CCW class said there is no need to state you have a CCW license if you're NOT carrying.

 

He said it's polite to state you're NOT carrying but not necessary.

 

Both times I've been pulled over while not carrying, I informed them I wasn't carrying. Both times I got a ticket. Fuck being nice, gets you no where.

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I believe a cop will typically have a pretty good idea if he's going to give you a ticket or not before he even comes to your window. Usually just fessing up for what you've done seems to keep you from talking your way INTO a ticket, but sometimes you're just going to get a ticket. I don't feel like it has anything to do with a CCW permit itself, just that you're not a lying fuckbag that deserves the ticket he was going to let you get out of.

 

They also will probably already be well aware you have a CCW permit, at least every time I have been pulled over since I have gotten mine. Each time I was not carrying and they asked me if I was.

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