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Discussion Starter #1
Just finished reading the new laws and need clarification. If I am licensed to carry a concealed weapon but I am not carrying at the time, do I still have to declare to the LEO that I have a CCW?
 

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No, not at all. You must only advise the officer if you are actually carrying at the time, and if it is an 'official encounter' such as a traffic stop or call for service at your house.


Page 14 of the Ohio Attorney General's handbook:

http://www.ohioattorneygeneral.gov/...05beac65926/Concealed-Carry-Laws-Booklet.aspx
(emphasis added by me)

Traffic Stops and Other Law Enforcement Encounters


If a person is stopped for a law enforcement purpose and is carrying a
concealed handgun as a CCW licensee, whether in a motor vehicle or not,
he shall inform the law enforcement officer that he is carrying a concealed
handgun. If in a vehicle, the licensee shall remain in the vehicle and
keep his hands in plain sight at all times. Violating this section of law
is a first-degree misdemeanor, and in addition to any other penalty
handed down by a court, may result in the suspension of the person’s
concealed handgun license for one year.


This means if you casually run into an officer, such as in a restaurant or shopping in a store, just smile and pass on by.
 

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I suggest to all of my clients that you inform the police officer that you have a CHL and that you are NOT carrying. That way they are in no way leaving the officer questioning things.
 

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and when I say that - I mean when you are dealing with a LEO
 

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Discussion Starter #5
No, not at all. You must only advise the officer if you are actually carrying at the time, and if it is an 'official encounter' such as a traffic stop or call for service at your house.


Page 14 of the Ohio Attorney General's handbook:

http://www.ohioattorneygeneral.gov/...05beac65926/Concealed-Carry-Laws-Booklet.aspx
(emphasis added by me)

Traffic Stops and Other Law Enforcement Encounters


If a person is stopped for a law enforcement purpose and is carrying a
concealed handgun as a CCW licensee, whether in a motor vehicle or not,
he shall inform the law enforcement officer that he is carrying a concealed
handgun. If in a vehicle, the licensee shall remain in the vehicle and
keep his hands in plain sight at all times. Violating this section of law
is a first-degree misdemeanor, and in addition to any other penalty
handed down by a court, may result in the suspension of the person’s
concealed handgun license for one year.


This means if you casually run into an officer, such as in a restaurant or shopping in a store, just smile and pass on by.

This is what the new handbook says:

If you are pulled over while carrying a concealed handgun, you should remember the following:
• Before the officer approaches, roll down your window and place your
hands in plain view on the steering wheel.
• Calmly tell the officer that you have a license to carry a concealed handgun and that you have a handgun with you. Ask if the officer has
particular instructions concerning the handgun.
• Do not touch or attempt to touch your handgun unless specifically told to by the officer.
• Do not exit your vehicle unless specifically told to by the officer.

• Comply with all lawful orders given by the officer.

If you are a licensee and are not carrying a concealed handgun, this section
does not apply to you.
 

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Discussion Starter #6
That last sentence is what is confusing me.
 

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This is what the new handbook says:

• Do not touch or attempt to touch your handgun unless specifically toldto by the officer.
• Comply with all lawful orders given by the officer.

If you are a licensee and are not carrying a concealed handgun, this section
does not apply to you.
o Right, I'm not touching the firearm even IF told to by the officer
o Since when do officers give only lawful orders?
o I don't live in Ohio. Whew!
o Do officers get a copy of this handbook. I'm thinking no.

:cool:

$.02
 

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I hate pulling this card again, but, I'm an attorney, licensed in Ohio.

Nothing in the law has changed regarding the duty to notify.

http://www.ohioccw.org/files/SB17-educational-letter-v4.pdf

That being said, I still suggest to my clients and people in the CHL classes I teach that you should no matter what tell the officer if you are or are not carrying. I know that many of you that have a problem with the disclose statute have a serious problem with my advice but it goes a long way in building a rapport with that officer. As well, if it becomes a trend among CHL licensees, they can see that we have an abiding respect for LEO's and our legal right to carry a firearm.

At the end of the day, the easiest way to avoid any problems, the best thing to do is act like you are armed at all times until you have a chance to talk to the officer. (ex- while pulled over but he has not yet gotten up to your window)

That way there is NO fear whatsoever from the officer if he can see your hands and your dome light is on. He knows you may be carrying from LEADS, so, just eliminate that problem before he gets up to your window.

That way there is NO miscommunication or what have you. You disclosed to the officer that you ARE NOT carrying and not withholding information from him.

That way there is NO doubt in the officer's mind that you are going to be cooperative at all times. I've heard of many encounters where the licensee didn't disclose b/c they were not carrying. Eventually the officer asks "are you not telling me something?"

Yes, I know that isn't the law, it's far above the law, but, I'd rather avoid any problems. And hey, if it's above and beyond, I'll take it as our LEO's deserve the courtesy, imho.
 

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When I picked up my CHL, the deputy mentioned that my having it would be entered into the LEADS (Law enforcement automated data system), but not provided to outside entities like the newspapers and such.

I recently decided to pick up a scanner to listen in on my local goings-on, and within the firs day or two I heard the dispatcher giving the rundown on a dudes DL and she ended the conversation with "CCW". My thinking is that there's a pretty good chance that the cop pulling you over already knows you have a CHL, so any attempts to obfuscate its possession MAY put one in a bad light from the get-go.

Naive as it may sound to some of you guys, I still consider the cops as being the good guys (that jackwagon in Canton and other exceptions side), and I consider myself as a good guy. At the time of a law enforcement encounter, I still feel it's in my best interest to let the guy know we're on the same team.
 

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When I picked up my CHL, the deputy mentioned that my having it would be entered into the LEADS (Law enforcement automated data system), but not provided to outside entities like the newspapers and such.

I recently decided to pick up a scanner to listen in on my local goings-on, and within the firs day or two I heard the dispatcher giving the rundown on a dudes DL and she ended the conversation with "CCW". My thinking is that there's a pretty good chance that the cop pulling you over already knows you have a CHL, so any attempts to obfuscate its possession MAY put one in a bad light from the get-go.

Naive as it may sound to some of you guys, I still consider the cops as being the good guys (that jackwagon in Canton and other exceptions side), and I consider myself as a good guy. At the time of a law enforcement encounter, I still feel it's in my best interest to let the guy know we're on the same team.
i'm with you 110%
 

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Discussion Starter #11
Thanks for the input. This is why I frequent xdtalk.com, because I don't know everything... Yet
 
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