Gotta VentThis is a discussion on Gotta Vent within the XDTalk Chatter Box forums, part of the XD Talk category; How long were you in the state?? Also, ohio law says you must notify the officer.....I would have plead guilty and got my pistol back, ...
 |
|
08-13-2007, 07:03 PM
|
#21
|
|
XDTalk 5K Member
Member #: 5489
Join Date: Mar 2005
Location: Virginia, C.S.A.
Posts: 8,059
|
How long were you in the state?? Also, ohio law says you must notify the officer.....I would have plead guilty and got my pistol back, screw the misdemeanor....hell i have a few anyway...
__________________
Once is happenstance, twice is coincidence, the third time is enemy action
To view links or images in signatures your post count must be 5 or greater. You currently have 0 post(s).
|
|
|
|
08-13-2007, 07:04 PM
|
#22
|
|
XDTalk 5K Member
Member #: 2089
Join Date: May 2003
Location: Cleveland, OH. The Danger Zone.
Posts: 9,103
|
Quote:
Originally Posted by einheit 13
How long were you in the state?? Also, ohio law says you must notify the officer.....I would have plead guilty and got my pistol back, screw the misdemeanor....hell i have a few anyway...
|
+1
__________________
Make a Democrat Angry.
BUY A GUN!
To view links or images in signatures your post count must be 5 or greater. You currently have 0 post(s).
To view links or images in signatures your post count must be 5 or greater. You currently have 0 post(s).
|
|
|
|
|
08-13-2007, 07:22 PM
|
#23
|
|
XDTalk Newbie
Member #: 20103
Join Date: Aug 2007
Location: Delaware, OH
Posts: 1
|
Quote:
Originally Posted by einheit 13
How long were you in the state?? Also, ohio law says you must notify the officer.....I would have plead guilty and got my pistol back, screw the misdemeanor....hell i have a few anyway...
|
The only problem with that is if he were to get another failure to notify it would be a 5th degree felony. Ain't Ohio Great? 
|
|
|
|
|
08-13-2007, 07:30 PM
|
#24
|
|
XDTalk 100 Member
Member #: 14589
Join Date: Jan 2007
Location: Dry Creek
Posts: 290
|
Man the only thing I can say is DAMMIT.....That my friend is BS...Sorry about that man !
__________________
"Quemadmoeum gladuis neminem occidit, occidentis telum est."
Lucius Annaeus Seneca, 45 AD
Molon Labe !!! All ye who pass this mark, do so at your own peril !!
'No arsenal, or no weapon in the arsenals of the world, is as formidable as the will and moral courage of free men and women.'- Ronald Reagan
'If we ever forget that we're one nation under God, then we will be a nation gone under.'- Ronald Reagan
|
|
|
|
|
08-13-2007, 07:37 PM
|
#25
|
|
XDTalk 5K Member
Member #: 5489
Join Date: Mar 2005
Location: Virginia, C.S.A.
Posts: 8,059
|
Quote:
Originally Posted by cashman966
The only problem with that is if he were to get another failure to notify it would be a 5th degree felony. Ain't Ohio Great? |
Well, "....when in Rome....", state law is a state law, thats why you find out what you can before you move there. When I go on trips, I search all the firearms laws for every state I'm gonna go through....luckily I only go 'north' (to Illinois) once every 2 or 3 years....The cop coulda been more understanding, unless you've been there longer than 30 days. Like here in Va, most cops cut you a break if you've been here less than 30 days. After that '..you shoulda known better'...
__________________
Once is happenstance, twice is coincidence, the third time is enemy action
To view links or images in signatures your post count must be 5 or greater. You currently have 0 post(s).
Last edited by einheit 13; 08-13-2007 at 07:41 PM.
|
|
|
|
|
08-13-2007, 08:04 PM
|
#26
|
|
XDTalk 1K Member
Member #: 9982
Join Date: Apr 2006
Location: Akron Area Ohio
Posts: 1,130
|
That is horrible!!! and I belive that it is a viloation of your 2A rights.
But Ohio CHL (concealed Handgun License) clearly states that you must promptly notify the LEO if/when you are carrying. This is a sucky way to learn the lesson of checking the laws and becoming familiar with them before you carry in a different state.
You are lucky that the new HB347 just came into effect a few months ago....you used to have to have your gun in plain sight while in a motor vehicle........gotta love this stuff 
__________________
The Greatest Killer
The greatest threat to life is not from firearm accidents, nor even from criminals. The greatest killer in the 20th Century was secular governments who had disarmed their own citizens. Approximately 160 million people were killed by their own governments, in over 40 communist states, just in the 20th Century alone. These were citizens killed by their own governments in times of peace.
Stay Thirsty My Friends
|
|
|
|
08-13-2007, 08:20 PM
|
#27
|
|
XDTalk Newbie
Member #: 18295
Join Date: Jun 2007
Location: Central Ohio
Posts: 4
|
Quote:
Originally Posted by einheit 13
I would have plead guilty and got my pistol back, screw the misdemeanor....hell i have a few anyway...
|
Failure to notify is a misdemeanor, but you also lose your Concealed Handgun License to a 1 year suspension:
From http://codes.ohio.gov/orc/2923.16, Improperly handling firearms in a motor vehicle:
Quote:
|
Originally Posted by ORC 2923.16(E)(3)(a)
(E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code shall do any of the following:
. . .
(3) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop . . . fail to do any of the following that is applicable:
(a) If the person is the driver or an occupant of a motor vehicle stopped as a result of a traffic stop or a stop for another law enforcement purpose, fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle;
|
Quote:
|
Originally Posted by ORC 2923.16(I)
(I) Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. . . . A violation of division (E)(3) of this section is a misdemeanor of the first degree, and, in addition to any other penalty or sanction imposed for the violation, 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.
|
__________________
Not boiling this froggy -- "shall not be infringed".
|
|
|
|
|
08-13-2007, 09:22 PM
|
#28
|
|
XDTalk 100 Member
Member #: 17077
Join Date: Apr 2007
Location: Adrian, Mi
Posts: 139
|
Quote:
Originally Posted by fastboy
Slight correction, Michigan only requires disclosure of CCW status at police encounter when you are carrying concealed on person or in your car at that moment. The law reads:
"An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle."
krazykozmetics, sorry to hear about your misfortune.
For some reason Ohio and Michigan seem to be quite hard on the tinted car windows. It happens to a guy I work with when he first moved from Indiana to Michigan. I told him to get rid of the window tint asap but he said he was not worried because he still had Indiana license plate. He learned real quick after two traffic stops within two weeks for the tinted glass.
When in Rome....
|
I was just going by what I was told when I took my ccw class and by what my brother inlaw was told when he was pulled over. He didn't have his weapon on him at the time but the police officer said that he should have told him that he had a permit because it did come up on his license check.
__________________
XD 45 Tactical
Kimber Ultra CDP II
Smith & Wesson 629 classic 44 mag 8 3/8 in barrel
Ruger LCP
Mosin M44 7.62 X 54R
Smith & Wesson M&P 15
NRA Member
Michigan CPL
|
|
|
|
|
08-13-2007, 09:55 PM
|
#29
|
|
XDTalk 2K Member
Member #: 10288
Join Date: May 2006
Location: Galveston, Texas
Posts: 2,001
|
Quote:
Originally Posted by ScottyPotty
This is a sucky way to learn the lesson of checking the laws and becoming familiar with them before you carry in a different state.
|
Hate to be the negative one, but thats how I'm reading this. CC is not something many cops take lightly (regardless of their opinions about it). I make it a point to know the gun laws of every state I enter, even if I'm just passing through.
__________________
Eagles may soar, but weasels don't get sucked into jet engines.
Last edited by RobFMJ; 08-13-2007 at 09:57 PM.
|
|
|
|
|
08-13-2007, 10:35 PM
|
#30
|
|
XDTalk 1K Member
Member #: 6805
Join Date: Sep 2005
Location: MI
Posts: 1,578
|
Quote:
Originally Posted by Saggin
I was just going by what I was told when I took my ccw class and by what my brother inlaw was told when he was pulled over. He didn't have his weapon on him at the time but the police officer said that he should have told him that he had a permit because it did come up on his license check.
|
As a courtesy, yes do inform regardless whether you have CCW with you or not. But by law, it's not required if you are not carrying; i.e., you really can't get into trouble for not informing on something you don't carry at that moment. I am guessing your in law didn't get any citation for that.... The State Police encourages CCW holders to place a print-out of the police encounter guidelines in the car for that reason.
|
|
|
|
Lower Navigation
|
|
|
| Thread Tools |
|
|
| Display Modes |
 Linear Mode
|
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
|
XDTalk Forums - Your XD/XD(m) Information Source!
»
Gotta Vent
