AR15.Com Archives
 Duty to inform & license question
Shockergd  [Member]
3/2/2012 12:13:55 PM
A friend of mine just asked me a few questions about CCW laws and I was a little bit confused and am curious what the law states.


A friend of my co-worker has recently inherited a farm, and was out checking the condition of fencing in on the farm. In order to do so, he parked his car on the side of the road or on a drainage ditch to walk the fence line. He inspected the condition of the fencing and came back to find a LEO ticketing his car.

He approached the LEO and asked what the issue was. The LEO's immediate response was "Are you carrying a gun" to which he replied yes.

She then asked for his permit which I guess he wasn't carrying at the time. The LEO informed him that he had committed 2 felonies just then. One by not immediately telling the officer that he was armed when he approached her and two by not carrying his CCW permit while carrying. I'm curious what the law states about these. I guess the guy eventually got out of it with no results other than a ticket for not having his hazard lights on while being parked in that area.

So, i really would like legal clarification as to whether the LEO was correct in her statements.
Epyon  [Team Member]
3/2/2012 12:20:08 PM
Originally Posted By Shockergd:
A friend of mine just asked me a few questions about CCW laws and I was a little bit confused and am curious what the law states.


A friend of my co-worker has recently inherited a farm, and was out checking the condition of fencing in on the farm. In order to do so, he parked his car on the side of the road or on a drainage ditch to walk the fence line. He inspected the condition of the fencing and came back to find a LEO ticketing his car.

He approached the LEO and asked what the issue was. The LEO's immediate response was "Are you carrying a gun" to which he replied yes.

She then asked for his permit which I guess he wasn't carrying at the time. The LEO informed him that he had committed 2 felonies just then. One by not immediately telling the officer that he was armed when he approached her and two by not carrying his CCW permit while carrying. I'm curious what the law states about these. I guess the guy eventually got out of it with no results other than a ticket for not having his hazard lights on while being parked in that area.

So, i really would like legal clarification as to whether the LEO was correct in her statements.


ORC 2921.12 Section (B)(1) states:

"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"

I'd say the ticket qualifies as a stop, but I think it could get dicey on whether or not he truly committed a felony. You don't have a duty to inform if you just meet the cop in passing, but you do have a duty to inform if you are interacting with LEOs as a result of their job (IE you committing a crime). If he was attempting to ascertain whether or not it was an duty-related stop, it could go either way.

I'm not a lawyer BTW, this is just my understanding of the law.

Upon further reading:
(F)(3) Except as otherwise provided in this division, carrying concealed weapons in violation of division (B)(1) of this section is a misdemeanor of the first degree, and, in addition to any other penalty or sanction imposed for a violation of division (B)(1) of this section, the offender’s license or temporary emergency license to carry a concealed handgun shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. If, at the time of the stop of the offender for a law enforcement purpose that was the basis of the violation, any law enforcement officer involved with the stop had actual knowledge that the offender has been issued a license or temporary emergency license to carry a concealed handgun, carrying concealed weapons in violation of division (B)(1) of this section is a minor misdemeanor, and the offender’s license or temporary emergency license to carry a concealed handgun shall not be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code.
AirRaceFan  [Team Member]
3/2/2012 12:40:58 PM
I've read their are some bills at the statehouse that would remove the duty to inform and further ease restrictions on where you can carry. How far they go, if anywhere, we shall see.
Sarcastro  [Member]
3/2/2012 12:47:53 PM
Originally Posted By Epyon:
Originally Posted By Shockergd:
A friend of mine just asked me a few questions about CCW laws and I was a little bit confused and am curious what the law states.


A friend of my co-worker has recently inherited a farm, and was out checking the condition of fencing in on the farm. In order to do so, he parked his car on the side of the road or on a drainage ditch to walk the fence line. He inspected the condition of the fencing and came back to find a LEO ticketing his car.

He approached the LEO and asked what the issue was. The LEO's immediate response was "Are you carrying a gun" to which he replied yes.

She then asked for his permit which I guess he wasn't carrying at the time. The LEO informed him that he had committed 2 felonies just then. One by not immediately telling the officer that he was armed when he approached her and two by not carrying his CCW permit while carrying. I'm curious what the law states about these. I guess the guy eventually got out of it with no results other than a ticket for not having his hazard lights on while being parked in that area.

So, i really would like legal clarification as to whether the LEO was correct in her statements.


ORC 2921.12 Section (B)(1) states:

"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"

I'd say the ticket qualifies as a stop, but I think it could get dicey on whether or not he truly committed a felony. You don't have a duty to inform if you just meet the cop in passing, but you do have a duty to inform if you are interacting with LEOs as a result of their job (IE you committing a crime). If he was attempting to ascertain whether or not it was an duty-related stop, it could go either way.

I'm not a lawyer BTW, this is just my understanding of the law.

Upon further reading:
(F)(3) Except as otherwise provided in this division, carrying concealed weapons in violation of division (B)(1) of this section is a misdemeanor of the first degree, and, in addition to any other penalty or sanction imposed for a violation of division (B)(1) of this section, the offender’s license or temporary emergency license to carry a concealed handgun shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. If, at the time of the stop of the offender for a law enforcement purpose that was the basis of the violation, any law enforcement officer involved with the stop had actual knowledge that the offender has been issued a license or temporary emergency license to carry a concealed handgun, carrying concealed weapons in violation of division (B)(1) of this section is a minor misdemeanor, and the offender’s license or temporary emergency license to carry a concealed handgun shall not be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code.


Does that apply on private property?

New to Ohio, but I recall in other states you could conceal on your property (or with the permission of the property owner) without a permit as long as you were legally allowed to carry in the first place (i.e., not a felon).
Muad  [Team Member]
3/2/2012 1:13:35 PM
Originally Posted By Sarcastro:
Originally Posted By Epyon:
Originally Posted By Shockergd:
A friend of mine just asked me a few questions about CCW laws and I was a little bit confused and am curious what the law states.


A friend of my co-worker has recently inherited a farm, and was out checking the condition of fencing in on the farm. In order to do so, he parked his car on the side of the road or on a drainage ditch to walk the fence line. He inspected the condition of the fencing and came back to find a LEO ticketing his car.

He approached the LEO and asked what the issue was. The LEO's immediate response was "Are you carrying a gun" to which he replied yes.

She then asked for his permit which I guess he wasn't carrying at the time. The LEO informed him that he had committed 2 felonies just then. One by not immediately telling the officer that he was armed when he approached her and two by not carrying his CCW permit while carrying. I'm curious what the law states about these. I guess the guy eventually got out of it with no results other than a ticket for not having his hazard lights on while being parked in that area.

So, i really would like legal clarification as to whether the LEO was correct in her statements.


ORC 2921.12 Section (B)(1) states:

"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"

I'd say the ticket qualifies as a stop, but I think it could get dicey on whether or not he truly committed a felony. You don't have a duty to inform if you just meet the cop in passing, but you do have a duty to inform if you are interacting with LEOs as a result of their job (IE you committing a crime). If he was attempting to ascertain whether or not it was an duty-related stop, it could go either way.

I'm not a lawyer BTW, this is just my understanding of the law.

Upon further reading:
(F)(3) Except as otherwise provided in this division, carrying concealed weapons in violation of division (B)(1) of this section is a misdemeanor of the first degree, and, in addition to any other penalty or sanction imposed for a violation of division (B)(1) of this section, the offender’s license or temporary emergency license to carry a concealed handgun shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. If, at the time of the stop of the offender for a law enforcement purpose that was the basis of the violation, any law enforcement officer involved with the stop had actual knowledge that the offender has been issued a license or temporary emergency license to carry a concealed handgun, carrying concealed weapons in violation of division (B)(1) of this section is a minor misdemeanor, and the offender’s license or temporary emergency license to carry a concealed handgun shall not be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code.


Does that apply on private property?

New to Ohio, but I recall in other states you could conceal on your property (or with the permission of the property owner) without a permit as long as you were legally allowed to carry in the first place (i.e., not a felon).


Not sure on the LAW, but if I'm on my property; My Rules apply. I will carry open or concealed, and anyone who doesn't like it can go pound sand.
ArmdCtzn  [Team Member]
3/2/2012 1:21:37 PM
You can carry however you want on your personal property, but he wasn't on his personal property.
He was parked on a street.
mcnizzle  [Team Member]
3/2/2012 3:17:43 PM
Originally Posted By ArmdCtzn:
You can carry however you want on your personal property, but he wasn't on his personal property.
He was parked on a street.


His car was parked on the street. He was on private property.
Epyon  [Team Member]
3/2/2012 3:38:35 PM
Originally Posted By mcnizzle:
Originally Posted By ArmdCtzn:
You can carry however you want on your personal property, but he wasn't on his personal property.
He was parked on a street.


His car was parked on the street. He was on private property.


His car was getting the ticket for being illegally parked, it doesn't matter whether HE was on private property or not when it happens, because as soon as he steps back into the road to move the car, he's back on public property, and in clear violation of the law. Although it doesn't look like a felony to me.
ArmdCtzn  [Team Member]
3/2/2012 4:41:43 PM
Originally Posted By mcnizzle:
Originally Posted By ArmdCtzn:
You can carry however you want on your personal property, but he wasn't on his personal property.
He was parked on a street.


His car was parked on the street. He was on private property.


Fair enough, counselor, now explain how he got from the car to the private property or from the private property back to the car without
violating the law. I think even if he teleported, he violated Ohio law throughout the teleportation.
Ridgerunner9876  [Member]
3/2/2012 4:47:31 PM
Originally Posted By ArmdCtzn:
Originally Posted By mcnizzle:
Originally Posted By ArmdCtzn:
You can carry however you want on your personal property, but he wasn't on his personal property.
He was parked on a street.


His car was parked on the street. He was on private property.


Fair enough, counselor, now explain how he got from the car to the private property or from the private property back to the car without
violating the law. I think even if he teleported, he violated Ohio law throughout the teleportation.


He pulled over, got the gun out of the trunk, loaded it and holstered it.

Sounds like the cop was a bitch on a power trip.
MotorMouth  [Team Member]
3/2/2012 6:27:13 PM
Originally Posted By ArmdCtzn:
Originally Posted By mcnizzle:
Originally Posted By ArmdCtzn:
You can carry however you want on your personal property, but he wasn't on his personal property.
He was parked on a street.


His car was parked on the street. He was on private property.


Fair enough, counselor, now explain how he got from the car to the private property or from the private property back to the car without
violating the law. I think even if he teleported, he violated Ohio law throughout the teleportation.


EVERYBODY CALM DOWN!

Ohio is an open carry state.

The cop was half wrong and sorta half right.

1. There is no law that criminalizes approaching an officer while armed.

2. You have a duty to inform an officer that you armed when you are stopped, in a car or on foot, doesn't matter.

Best course of conduct is to inform, ASAP, any LEO with whom you have any interaction that you armed as follows: "The law requires I inform you I have a carry permit, and am presently armed," or words to that effect, but always in that order. PERMIT then ARMED.


ETA: Private property - public property it doesn't matter.
gaspipes  [Member]
3/2/2012 7:48:13 PM
Just further reason this duty to inform shit needs to go away. As soon as the guy saw the po-po he should have exposed his gun. I'm sure while he was walking he had time to tuck his shirt behind it. He wasn't driving the car, there is no duty to inform if your gun is in plain sight.
Shockergd  [Member]
3/2/2012 9:10:45 PM
I'm trying to decide whether I Should tell the guy to call the officer's superior or not.

From what my co-worker says , this officer is trying to get a promotion and is ticketing everyone on earth in the area.
Chuck  [Team Member]
3/3/2012 9:42:53 AM
The law in question reads like it's intended for traffic stops –– in your car –– like you're pulled over for exceeding the speed limit.

There is no "case law" I've seen on this and hopefully this "duty to inform" is out of the next revision to the law.

Note the policewoman already knew he was licensed when she ran the plates and was playing "Gotcha" with the guy. Also note that anyone withOUT a license has no "duty to inform." Typical street thug carrying his "Gat" stuck down his pants doesn't need to say a thing. But I guess CHL holders are such a threat the cops just need to know. Street cops didn't write this law and no one but this one seems to care a twit.

Also, as noted earlier, open carry is legal and does not require a permit of any kind.

–– Chuck
JKH62  [Member]
3/3/2012 10:45:36 AM
I hit a deer on the way to work @ 2 A.M.so I called the Highway Patrol. There was no traffic except the deer and I (I won). The trooper rolls up and asks me to get into my car and stay put (he is running my plates). He comes back and asks me to exit the vehicle. I hand him my DL license and said I was the one that called. I was NOT carrying so I did not mention anything about having a CHL. He asked me if I had any weapons in the car which I replied "no". He asked if I had any weapons on me which I replied "no". He then asked if I was sure and if I would object to having my vehicle searched and myself included. I said if he really felt compelled to do so have at it but I told him I did not carry to my workplace hence myself not carrying at the time. He was OK after that until he wanted my insurance card which I had trouble finding. I asked if the deer was filing a claim and he had a good laugh and lightened up a lot. Once they run your plates that already know the answer to the question, they just want to hear it from you which is pretty stupid IMHO.

Case in point~ Its far easier to notify LE that you have a CHL up front if your carrying or not.
It may not be required by law but it eliminates any confusion or the appearance that you are not being fully "honest" with the officer.

That part of the law definitely needs changed.
rod727  [Team Member]
3/3/2012 12:38:54 PM
He was carrying concealed without a permit.......he was parked illegally......... and now he is debating on whether to call the Officers superior or not?
Morne  [Member]
3/3/2012 12:49:06 PM
Originally Posted By AirRaceFan:
I've read their are some bills at the statehouse that would remove the duty to inform and further ease restrictions on where you can carry. How far they go, if anywhere, we shall see.


House Bill 422. Call your rep.
Chuck  [Team Member]
3/3/2012 1:15:55 PM
No, he has a license, just not carrying it. Another stupid part of the law since they have computers in every police car in North America.

–– Chuck
AirRaceFan  [Team Member]
3/3/2012 1:44:31 PM
Originally Posted By JKH62:
I hit a deer on the way to work @ 2 A.M.so I called the Highway Patrol. There was no traffic except the deer and I (I won). The trooper rolls up and asks me to get into my car and stay put (he is running my plates). He comes back and asks me to exit the vehicle. I hand him my DL license and said I was the one that called. I was NOT carrying so I did not mention anything about having a CHL. He asked me if I had any weapons in the car which I replied "no". He asked if I had any weapons on me which I replied "no". He then asked if I was sure and if I would object to having my vehicle searched and myself included. I said if he really felt compelled to do so have at it but I told him I did not carry to my workplace hence myself not carrying at the time. He was OK after that until he wanted my insurance card which I had trouble finding. I asked if the deer was filing a claim and he had a good laugh and lightened up a lot. Once they run your plates that already know the answer to the question, they just want to hear it from you which is pretty stupid IMHO.

Case in point~ Its far easier to notify LE that you have a CHL up front if your carrying or not.
It may not be required by law but it eliminates any confusion or the appearance that you are not being fully "honest" with the officer.

That part of the law definitely needs changed.


The plate thing is one reason I got the non-resident Utah permit. It doesn't come up.
AirRaceFan  [Team Member]
3/3/2012 1:45:02 PM
Originally Posted By Morne:
Originally Posted By AirRaceFan:
I've read their are some bills at the statehouse that would remove the duty to inform and further ease restrictions on where you can carry. How far they go, if anywhere, we shall see.


House Bill 422. Call your rep.


Emailed them.
SatelliteMan  [Team Member]
3/4/2012 8:47:56 AM
Officer Hot Pen needs to learn the law:

Faiure to inform/not carrying your permit is a misdemeanor.

TOUCHING your weapon without the DIRECT command of the officer=felony charge.
AirRaceFan  [Team Member]
3/4/2012 9:12:13 AM
Kinda sounds to me the officer was trying give someone whom he knew had a CHL and was likely carrying, the opportunity to "remember" to inform before he, the LEO, determined he if was and charged him for not informing if that was the case.
TUBBY  [Team Member]
3/4/2012 9:53:11 AM
Originally Posted By rod727:
He was carrying concealed without a permit.......he was parked illegally......... and now he is debating on whether to call the Officers superior or not?


This. Call it a lesson learned and move on.

heathen  [Team Member]
3/4/2012 11:15:22 AM
Originally Posted By TUBBY:
Originally Posted By rod727:
He was carrying concealed without a permit.......he was parked illegally.....and failed to notify.... and now he is debating on whether to call the Officers superior or not?


This. Call it a lesson learned and move on.



I agree. He got chewed out a little but didn't get arrested for not having his license or failing to notify. He should consider himself lucky and learn from his mistake. The next Officer may not be this forgiving.