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question re: duty to inform

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depserv:
I should know this but apparently wasn't paying attention or something.  Say I'm a passenger in a car and it gets pulled over.  Am I required to interrupt the dialog between the driver and officer to inform the officer that I have a permit to exercise my Constitutional right to bear arms?  Or is it only the one the office is dealing with directly who is required to do that?  If it's the latter, would I then be required to inform him if he asked me a question?  This kind of thing could come up in places other than cars too.  So the question is, how far from the officer does the duty to inform extend?

CitizenClark:

--- Quote from: depserv on November 02, 2014, 09:07:03 AM ---I should know this but apparently wasn't paying attention or something.  Say I'm a passenger in a car and it gets pulled over.  Am I required to interrupt the dialog between the driver and officer to inform the officer that I have a permit to exercise my Constitutional right to bear arms?
--- End quote ---

The legal duty to inform is related to carrying a concealed handgun as a permitholder, not merely being a permitholder.


--- Quote --- Or is it only the one the office is dealing with directly who is required to do that?
--- End quote ---

Any time you have an "official contact." I would tend to err on the side of informing.


--- Quote ---If it's the latter, would I then be required to inform him if he asked me a question?  This kind of thing could come up in places other than cars too.  So the question is, how far from the officer does the duty to inform extend?

--- End quote ---

If you are toting a pistol and you have an in-person, "official contact" with a LEO or other emergency responder, you should inform him that you are a permitholder and that you are carrying.

depserv:

--- Quote from: CitizenClark on November 02, 2014, 01:19:49 PM ---The legal duty to inform is related to carrying a concealed handgun as a permitholder, not merely being a permitholder.

Any time you have an "official contact." I would tend to err on the side of informing.

If you are toting a pistol and you have an in-person, "official contact" with a LEO or other emergency responder, you should inform him that you are a permitholder and that you are carrying.

--- End quote ---

Thanks for your reply my friend.  My question though is how far does the duty to inform extend?  Has the legislature established that or are we supposed to guess, and then err on the side of informing if we think there is a question?  Is there a legal definition of official contact?  For example, if I approach an officer to ask him for directions, do I begin by saying "I have a concealed carry permit and am armed, and can you please tell me how to get to..." If I'm in a group of say five friends and one member of that group asks an officer something with me standing maybe ten or twenty feet away, do I close the distance between me and the officer and say "excuse me officer, I have a..."  Or am I only required to do that if the officer talks to me directly?  And if it's the latter, does that also apply to me if I'm a passenger in a car that gets pulled over but the officer does not address me?  Or say I'm a member of a group of several people who witnessed something and the officer is addressing the group; am I required to speak up right away and say "excuse me, I have a..."  I don't mean to sound flippant, but you never know what the future might hold and it's good to have a clear definition of what those in power require us to do when we are exercising our Constitutional right.  If they want to impose a rule on us they need to be specific.  So I want to know how well this question has been defined by our legislature.

Several years ago I had an officer get mad at me because it was the second thing I told him instead of the very first, even though I had been courteous and respectful toward him.  This guy had been setting at the bottom of a long steep hill with his radar on and pulled me over for going literally 5 mph over.  So even though most officers are good and honorable people you have to be careful not to give one who might have a chip on his shoulder an excuse to get mad. 

unfy:

--- Quote from: depserv on November 02, 2014, 09:07:03 AM ---I should know this but apparently wasn't paying attention or something.  Say I'm a passenger in a car and it gets pulled over.  Am I required to interrupt the dialog between the driver and officer to inform the officer that I have a permit to exercise my Constitutional right to bear arms?  Or is it only the one the office is dealing with directly who is required to do that?  If it's the latter, would I then be required to inform him if he asked me a question?  This kind of thing could come up in places other than cars too.  So the question is, how far from the officer does the duty to inform extend?

--- End quote ---

Have you been stopped / detained by a Peace Officer ? In order to help answer this question: are you free to leave the vehicle and walk away ?

No, you are not free to walk away.  Yes you have been stopped and are having official contact with an officer even though you are not the one driving the vehicle.

So yes, do declare yourself.

If you find fault in the above, go with CC's response: err on the side of caution.  Trying to get knitpicky over something that is very clearly worded in the NE statues is silly.


--- Quote ---002.05 “Contact with a peace officer” shall mean that the permit holder has been
stopped, detained, questioned or addressed by a peace officer for an official
purpose or in the course of his or her official duties.

--- End quote ---


--- Quote ---019.02 A permit holder carrying a concealed handgun who is officially contacted by
any peace officer or emergency services personnel must immediately inform
the peace officer or emergency service personnel of the concealed handgun
unless physically unable to do so.

--- End quote ---



Yes, I've been a passenger in a car and declared myself when the driver got pulled over for not using a turn signal.

The officer was intent on controlling the conversation, so the driver actually had to interrupt him so I could do my thing :).  All went peacefully and well / friendly.

I've met officers at the doors to this office building due to silent alarms a few times, and although I'm not being "detained", it's still official contact.

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