General Categories > Carry Issues
Masaad Ayoob on encounters with LEOs while carrying
NE Bull:
--- Quote from: OnTheFly on June 02, 2012, 01:25:13 PM ---All good information, but the underlying point of my post was whether handing the LEO your CHP constitutes "informing" them. According to Ayoob, it does. I think the argument could be made in court because the law is pretty specific when you have to inform ("Whenever a permitholder who is carrying a concealed handgun") and I can not find a definition of "inform". The argument could be made that an action constitutes informing the LEO, and that is what Ayoob is saying in the video. Again, I'm NOT going to be the one to push this. I think verbal is the safest way to go, but I was thinking about my situation and whether I could have successfully convinced a judge that I had notified the LEO by handing them my permit when I was not obligated to do so.
Just some food for thought if anyone ends up in this dilemma and the LEO files charges against you.
Fly
--- End quote ---
I too, have wondered about this, much in the sitution you brought up about being amongst folks in the vehicle or where ever, and you do not necessarily want/need them to know. How do you stealthily 'inform' the officer without 'letting the world know'? Scenarios- myself transporting Scouts, or say a fella such as huskerXDM on a school trip and they/we are witness to a wreck or involved in a fender bender, or the little burger reading the map got yo all lost and now your speeding to get out a a bad part of town!!. Do we announce our CHP status (obviously not carrying in these situations) aloud in front of the children (who may or may not pick up on it) or their parents? Oh aghast! what may come of that! Could you hand the officer your permit on top and ask to speak further in private/ outside the vehicle? I would like to believe the good veteran officer would understand, but what about the adrenilinized rookie?
stroked93:
I have been stopped twice since getting my permit to carry. stop sign violation, once for speeding 10 over. Both times I handed my License and Permit to the officer and informed them I was armed. Both asked where the Handgun was and let me keep it concealed. 1st stop was NSP second was Plattsmouth Police. Both gave me a warning, I am always respectable and full disclosure. If they ask if I know what I did I tell them and acknowledge the violation. always works, cops hate being lied to.
Chris C:
I’ve come in official contact 3 times with a LEO since I’ve had my permit. 2 of the 3 times I was carrying but each time I did mention if I was carrying or not to make my life and the Officers easier. One thing to note I did refer to the weapon on one occasion as “it” is in the glove box and the officer asked what “it” was. Hindsight after that encounter I do not agree with the “it” term even though Mas did give a similar spiel in his class a few years back about using “it“. I think weapon or firearm is a better more direct term to be used.
HuskerXDM:
--- Quote from: OnTheFly on June 02, 2012, 01:40:29 PM ---I hear what you are saying HuskerXDM. You are probably correct that being non-confrontational with someone who is the one and only roadblock to your progress is the smartest choice, but I personally would have a hard time going against what I know is correct. The problem I see with that is that you are supposed to be teaching what is in your syllabus, and how do you do that when it is contrary to the law? It seems that if a LEO were to monitor your class with syllabus in hand, and you were to correctly teach (contrary to your syllabus) what the law says, they could be coming down on you and your certification. Maybe they never monitor and/or it doesn't work that way, but it could be a sticky situation.
--- End quote ---
There are two situations in class where I make sure to mention that the State Patrol specifically asked me to do something. If somebody has studied before class and asks, I tell them that the law seems to suggest you only notify if carrying, but that I was asked to tell everyone to notify even if they aren't. Then I say, "I'm not a lawyer and I am unable to give you legal advice." :)
Husker_Fan:
I don't believe you are required to notify unless actually carrying, however, I would make it clear to the LEO that I have a CHP but am unarmed. They will know you have a permit as soon as they run your driver's license and that will lead to questions in front of your passengers anyhow. Telling them also prevents the situation of them thinking you forgot to notify when they run your ID.
As for the card being notification, I agree with Dan. Technically, it only informs them that you have a CHP, and the statute requires that you inform them that you are armed.
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