Author Topic: Contact while carrying (Read 2400 times)

Mntnman · « **on:** July 15, 2013, 03:05:48 PM »

If I am riding in a vehicle while carrying and the driver gets pulled over, do I address the officer to inform him of my status or wait til he addresses me, if at all? I really don't like this portion of the law as I think it creates more issues than it solves. What if a LEO and I just happen to strike up a conversation in public? I would think you don't bring it up at that point.

unfy · « **Reply #1 on:** July 15, 2013, 03:10:28 PM »

If you're in the vehicle (even in the back seat) and it gets stopped, declare yourself immediately and politely just as if you were the driver. Keep your hands visible and all that jazz too. You have been detained / stopped by the officer (you can't just get out and walk away...).

Public conversation in general - I wouldn't worry about declaring yourself. The moment it sounds like it's getting anywhere near an official conversation, go ahead and declare yourself.

Mntnman · « **Reply #2 on:** July 15, 2013, 03:14:41 PM »

That's what I was thinking.

Thanks!

fishguy · « **Reply #3 on:** July 15, 2013, 04:43:34 PM »

unfy - That is the fair thing to do. However, it would be an awkward situation. It needs to be done.

unfy · « **Reply #4 on:** July 15, 2013, 06:53:59 PM »

I've been passenger and declared. It's what has to be done.

DangerousDrummer · « **Reply #5 on:** July 15, 2013, 09:07:53 PM »

Does NE have open carry? It is becoming very popular here in AL. We also have a new law which declares that you cannot be arrested for "disorderly conduct" just because you OC. The disorderly trick was used by agressive LEOs stating that if OC caused someone to be upset it was disorderly. In addition we also have a new car carry law with permit which also allows the firearm to be in your car while on your employer's property, and you cannot be fired for car carry. A CC permit is not required for car carry, but there are restrictions about access and loaded firearms. We have also become a "shall issue" CC state instead of may issue. You can only be denied a permit if you are legally barred from owning a firearm. Alabama has become a very gun friendly state. Counties and cities are now forbidden by law to restrict gun rights beyond state law, in other words, there ain't no stinkin Chicago laws allowed.

SemperFiGuy · « **Reply #6 on:** July 15, 2013, 10:37:29 PM »

No NE State Statute regulating or prohibiting Open Carry.

Therefore, it is legal, except where further regulated or prohibited within lesser jurisdictions, such as Omaha. [But not Federal facilities, police stations, prisons, airports, schools, and all the other usual places that don't allow handguns noway, nohow.] And posted private property, yada-yada-yada.

Omaha requires an open carry permit [the Handgun Identification Card], wherein a holder must complete an 8-hour course similar to the NE Concealed Handgun Permit course. A few more fine points apply to OC in Omaha, but we'll leave them alone for the time being.

Basically, Omaha and Lincoln are not gun-friendly, so any open carrier can expect some sorta hassle.

sfg

SemperFiGuy · « **Reply #7 on:** July 15, 2013, 10:40:13 PM »

BTW.......

War Dam Eagle!!!!!!!!

Beat 'Bama.

And All That.

sfg
Auburn/'58
[Formerly Alabama Polytechnic Institute..Good Ol' API.]

Mntnman · « **Reply #8 on:** July 15, 2013, 10:50:51 PM »

I have actually only CC'd twice. I can't carry at work and that is 95% of my time away from home. For practical purposes, I open carry at home and while working around the property. I have actually open carried in more businesses than CC. Small town Nebraska hasn't had a problem with it yet.

One thing that I don't like about declaring is I may be with people that don't know I am carrying until I have to inform the officer. I would rather they not know. (Except my friends that have CCW) Hopefully we will get the law changed to a more a practical one, eventually. Iowa did a really good job crafting their law, thanks to a really good lobby.

DangerousDrummer · « **Reply #9 on:** July 16, 2013, 08:06:00 PM »

Quote from: SemperFiGuy on July 15, 2013, 10:40:13 PM

BTW.......

War Dam Eagle!!!!!!!!

Beat 'Bama.

And All That.

sfg
Auburn/'58
[Formerly Alabama Polytechnic Institute..Good Ol' API.]

Wanna compare national championships?

Roll Tide!

I hope these Cornhuskers know not to interfere in a Auburn Bama dialog. It could get dangerous. We may be rivals, until it comes to matters of the Great State of Alabama.

SemperFiGuy · « **Reply #10 on:** July 16, 2013, 10:07:02 PM »

Kinda Like When the LEO:

Answers a domestic dispute call and then both parties stop fighting each other and together beat up on the cop.

Yes, I must acknowledge Alabama's classic legacy:

>Putting the Rose Bowl on the map.
>Bear Bryant.
>Sending their Farm Teams out to Whomp Auburn....
>Dominating the SEC
>Everything Else

A Truly Fine Record that cannot be disavowed.

Now....why did I decide to attend Alabama Polytechnic Institute (Auburn) in the first place.

Get this: Up in St. Louis, Missouri I had NEVER heard of their football team and thought that they just might be a good venue for serious academic study.

Don't Tell Anyone.

sfg
When those Southern girls spoke, it was the Sweetest Sound Ah Evah Hud. Too bad that beautiful music is getting lost as regional accents are fading everywhere.

unfy · « **Reply #11 on:** July 17, 2013, 01:46:19 AM »

On a flight to Pensacola I sat behind a Southern Belle and her 6-8 year old daughter. I hate to admit it - but hearing them talk kinda melted my heart and actually made me feel homesick - even though I don't consider any place 'home'.

Southern female accents are powerful, yo.

bullit · « **Reply #12 on:** July 17, 2013, 12:37:16 PM »

Quote from: unfy on July 17, 2013, 01:46:19 AM

Southern female accents are powerful, yo.

Being a Native Texican, I concur.....and Alabama nor the SEC need worry about Nebraska or the BIG 10 for that matter (maybe THE OSU) toppling them from dominating college football anytime soon.....now what was this topic about?

unfy · « **Reply #13 on:** July 17, 2013, 04:02:49 PM »

Oh, note: I spent my teenage years in / around Pensacola, FL. 'tis why the voices had the effect they did.

Mountain Man: wanting to keep concealed from your friends is understandable, and being forced to declare to a peace officer would put that in a kink... but... the laws are as they are and do have good intention behind them (as far as the topic of this thread).

"Declaration" (and similarly, surrender of firearm at a crime scene or medical worker) has been a well discussed and debated subject here. We have a fine selection of soap boxes for you to choose from, ranging in rental price from a nickel an hour to a quarter an hour. Take your pick. (note: i like the quarter ones myself, see the HB335 discussion hehehe). It's always good to hear more input on the subject to help widen understanding it all.

patrickdm · « **Reply #14 on:** July 19, 2013, 01:20:23 PM »

Has anyone ever had a stranger ask if you're carrying? I check my appearance before heading out to insure I'm not printing but there are times I get into positions that I know it probably shows. I've wondered what I would say if someone asked if I was carrying. Do you say "Yes and I have a permit" or "None of your business" or what? I would never ask someone but in today's world I know it's going to happen.

unfy · « **Reply #15 on:** July 19, 2013, 02:10:40 PM »

I've had folks that know I carry ask if I've got it on me or not. But... I can't seem to recall a stranger asking.

My answer would probably depend on the situation. If things are all kinds of friendly, I'd prolly say yeah and offer to talk about it. Otherwise, dunno. Note: i suck at lying heh.

Chris C · « **Reply #16 on:** July 19, 2013, 05:11:37 PM »

Unless it’s blatantly obvious (skin tight shirt perfectly shows a portion of the weapon) even if you are printing somewhat 99% of people will not notice or even have a clue what it is that is printing. With the amount of people who have cell phone holsters on their hip it could just as easily be that. In my experience what looks like a major deal to you looks like your shirt is wrinkling up for one reason or another.

ProtoPatriot · « **Reply #17 on:** July 19, 2013, 07:11:30 PM »

As the way the illegal/unconstitutional law is written...

Yes, even if a mere passenger, you will have to declare...which is ridiculous.

If mere casual encounter, no real need to declare... for instance I was putting up a garage sale sign, I didn't declare because I was not being detained or anything...it was a "courtesy" thing as I was already pulled over and he was just seeing what was going on.

As for "printing", that is still concealed. Some part of the actual weapon must be displayed, nothing over it to be considered open carry. So basically, if you have a IWB holster and you have no shirt on (thus exposing the grip) you will actually be open carrying.

I have never had anyone ask if I was armed, but I think I would say something smart-ass like "That's kind of personal, you haven't even bought me a drink yet."

Of course as far as I am concerned, it's none of anyone's business, especially not government...and don't declare for much of anything.

The officers safety is not any more important than anyone else's...also, who is going to protect the individual from the cop? They are merely other people, another person with a firearm...nothing more.

It is a violation of the 2nd and 4th amendment to have such a law requiring disclosure of any kind...not to mention no one has any business disarming someone unless they are actually going to arrest the person....that would be a seizure, even if it is only temporary.

But frankly, we need more open carry...the mere sight/idea of someone being armed should be nothing out of the norm in day to day life. It should bring no alarm. People need to start asking themselves "what is the person doing?" as in, are they waving it around or is it holstered...are they shouting/threatening or calm/collected...etc

patrickdm · « **Reply #18 on:** July 20, 2013, 02:19:10 PM »

Thanks for the responses.

MissMichella · « **Reply #19 on:** August 16, 2013, 12:28:31 PM »

Quote from: SemperFiGuy on July 15, 2013, 10:37:29 PM

Basically, Omaha and Lincoln are not gun-friendly, so any open carrier can expect some sorta hassle.

sfg

I exclusively open carry in Lincoln, and haven't had any major problems. I've only had three people get upset at the sight of my firearm, but used the opportunity to talk to them about the reasons I feel strongly about the Second Amendment rights. Who knows if it expanded their view or not. Two were patrons at stores I frequent, and one was a Walmart employee who asked me to leave. I talked to the Walmart manager, who informed the employee that OC was allowed in the store.

If people even notice I'm carrying, the majority of them are either fascinated or express approval. I have a lot of people ask questions, so I made little cards to give them. One side I put some of the reasons I OC. On the other side, I put reference to the statutes and links for them to research. Some people ask if I have a permit or if it's a real gun...some ask if I'm law enforcement. I try to answer any questions in a polite and friendly manner. We're ambassadors of our cause, and it's good to give the general public a positive and responsible experience with someone who is armed.