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Do You Have To Tell An Officer?


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Old 04-06-2014, 09:11 PM   #21
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I asked a county cop at the fishing dock this very question.

In Washington State, you must tell them and show your permit if asked.

No RCW that any can find that says we must tell, unless asked.
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Old 04-07-2014, 12:04 AM   #22
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Another thing to remember is that in some locales if the officer has run your plate before approaching your vehicle he may already know you have a permit, so if you are required to disclose you best do so.
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Old 04-07-2014, 02:32 AM   #23
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Okay, you're in Georgia so you need the law in Georgia and not anecdotal tales of what the rest of the nation does, right? So, here we go; my answers in highlight.

So I know when carrying and pulled over for a traffic violation you are required to inform the officer promptly that you in fact have a weapon.
No, you are not required by Georgia law to promptly notify, or notify at all. Unless you are intending to shoot the nice police officer the presence of a firearm is as noteworthy as the presence of pink bubble gum. Why add needlessly to the list of things he already has to worry about?

Additionally, as Georgia Weapons Permits (GWL) are issued by each individual county's Probate Court and there is no centralized database, any officer or agency wishing to inquire about a motorist having a license would be faced with the challenge of telephoning up to One Hundred and Fifty-Nine county probate courts. Monday through Friday, 830-400 and don't call during lunch, that's when Maybell watches her soaps and you do NOT want to interrupt her soaps.


However I have often wondered. How does that work for a simple license check road block?
Driving licenses are required to be displayed by OCGA 40-5-29, there is no corresponding GA code for displaying a weapons license.


Are you required to inform them if you are in your own yard?
No. In your own yard you are not even required to have a GWL in your possession. The same for in your place of business or in your automobile.

Let's say the neighbor Called in a suspicious individual walking down the street. Upon knocking on my door the officer asks if I've seen or heard anything outta the norm. Should I inform him to do the right thing or should I just not mention it if it's not brought up?
You should only bring up things that are illegal and you are confessing to. Bothering Officer Friendly with details about legal activities only distracts him from his job.

Would it only mean that now I've got to sit around and wait for him to run the numbers?
"Running the numbers" constitutes a search. Officer Friendly may be looking at a civil suit for a 4th Amendment violation.

Or if you are in your own home does he/she even have the right to do so? Also along the same line. Let's talk open carry. ( I only do so at my own home). But if the neighbor notices it while I'm out cutting grass or walking the dog etc. and it were to make them nervous and call. Does the officer have the right to run numbers or request any info at all?
Technically and legally, Officer Friendly has the right to request anything and everything he wishes; where do you live? do you have identification on you? do you want to come back to my place and play naked twister?

Legally he has no right to demand either your effects (firearm) nor your papers (weapons license) without a suspicion of illegal activity. ((Actually, legally he has no right to demand your weapons license EVER.))
Seizing your firearm, merely because it exists and without suspicion of illegal conduct could easily be an act in violation of the Fourth Amendment by Officer Friendly.
I open carry often, to shops and restaurants, on walks in the park, even on the steps of the Capitol building in Atlanta (next meeting is May 17th @1200hrs btw.)


I would have plenty of reason to think the answers to these questions would simply be no on all of the above. However I've seen crazier things happen.

Any advice or points to the right direction for legal standpoint would be greatly appreciated.
If I may mention another forum, GeorgiaPacking.Org is a fine place to share knowledge and make new friends. GeorgiaCarry.Org is the best grassroots, no compromise voice for Georgia firearms owners, bar none.

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Old 04-07-2014, 02:50 AM   #24
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Here's a link to the last get-together a bunch of people had. Estimates were 75 or more, all quite well armed.
Do You Have To Tell An Officer? - Concealed Carrying & Personal Protection

The next one should be in early May, and likely to be at Moonie's Texas Barbeque in Flowery Branch, come by and meet everyone if you can.

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Old 04-07-2014, 02:57 AM   #25
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Quote:
Originally Posted by RichNH View Post
Another thing to remember is that in some locales if the officer has run your plate before approaching your vehicle he may already know you have a permit, so if you are required to disclose you best do so.
Even so if stopped for a misdemeanor it's none of his business!
If you're looking to make new friends come here and keep your mouth shut!
If your state requires to do so then by all means comply with the laws of your socialist (gun grabbing) state and comply! But basically you are foregoing your 2nd amendment rights.
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Old 04-07-2014, 03:42 AM   #26
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State Law will dictate.

WA ccw's state right on the card that you are required to have your ccw's with you and present it "on demand" of any LEO.... Which means I have no duty to say anything "unless he asks" and wouldn't unless my ccw's status was pertinent to the encounter.

Regarding OC... UNLESS GA is a stop and ID state, then you have zero obligation to present or even carry ID while open carrying as long as your doing it legally and in a location that is not restricted. See Terry V Ohio regarding stop and ID AND DeBury Vac US for OC... Which states that a firearm where legally carried cannot be the sole cause for a stop.

How far you choose to push this is up to you and you should understand the many cops don't give a rip about the law or your rights. They will tout their "policy" of IDING anyone they encounter and they will lie and tell you your required to give ID when in fact, your not.

Easy rule of thumb is that if you've not been read your rights, IE, arrested, then you have no obligation to give ID.

Double check this with your local laws as a handful of States are still operation under illegal stop and ID laws that contradict current court precedence.

Good luck

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[/QUOTE]
Quote:
Originally Posted by DodgeThis View Post
So I know when carrying and pulled over for a traffic violation you are required to inform the officer promptly that you in fact have a weapon. However I have often wondered. How does that work for a simple license check road block? More so. Are you required to inform them if you are in your own yard? Let's say the neighbor Called in a suspicious individual walking down the street. Upon knocking on my door the officer asks if I've seen or heard anything outta the norm. Should I inform him to do the right thing or should I just not mention it if it's not brought up? Would it only mean that now I've got to sit around and wait for him to run the numbers? Or if you are in your own home does he/she even have the right to do so? Also along the same line. Let's talk open carry. ( I only do so at my own home). But if the neighbor notices it while I'm out cutting grass or walking the dog etc. and it were to make them nervous and call. Does the officer have the right to run numbers or request any info at all? I would have plenty of reason to think the answers to these questions would simply be no on all of the above. However I've seen crazier things happen.

Any advice or points to the right direction for legal standpoint would be greatly appreciated.

Also I'm in Georgia.

Thanks
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Old 04-07-2014, 12:59 PM   #27
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DodgeThis...use this link...

http://www.handgunlaw.us/states/georgia.pdf

Scroll down to page 9...

In GA you have no legal obligation to inform...
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Old 04-09-2014, 10:36 AM   #28
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We were just rear ended last night. No one hurt. No big deal...well ...not for us. The kid in the car behind us plowed into our trailer hitch. Tiny scratch for us. Probably $2000 for him. We did the right thing and informed the cop immediately. He asked what kind of weapon and were was it then told us many people get arrested for not informing. Happens all the time.
I was not driving. Wife was. Gun in center console. She was rattled a little and I had to remind her to inform immediately. Did I need to inform as well?

Sorry...Ohio ccw
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Old 04-09-2014, 10:46 AM   #29
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Quote:
Originally Posted by Grog View Post
We were just rear ended last night. No one hurt. No big deal...well ...not for us. The kid in the car behind us plowed into our trailer hitch. Tiny scratch for us. Probably $2000 for him. We did the right thing and informed the cop immediately. He asked what kind of weapon and were was it then told us many people get arrested for not informing. Happens all the time.

I was not driving. Wife was. Gun in center console. She was rattled a little and I had to remind her to inform immediately. Did I need to inform as well?



Sorry...Ohio ccw

Yes you do, you were involved in a "professional encounter" you must notify.
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Old 04-09-2014, 10:49 AM   #30
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Quote:
Another thing to remember is that in some locales if the officer has run your plate before approaching your vehicle he may already know you have a permit, so if you are required to disclose you best do so.
Do you know if that's the case for our state?
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