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1st negative OC experience

smlawrence

Regular Member
Joined
Sep 12, 2010
Messages
261
Location
Colfax, NC
I have to say again how thankful I am for this forum. Being able to learn from the experiences of others is a great thing. Great comments about the situation and whether or not the OP will admit it, I bet there was a little fear controlling his responses to the LEO. I bet if I was in that situation a year ago, I might have reacted similar. But now after learning so much from the people on here I like to think I have developed a confidence & knowledge to guide me through a situation like that were one to present itself.
 

ManInBlack

Regular Member
Joined
Jul 2, 2006
Messages
1,551
Location
SW Idaho
I have to say again how thankful I am for this forum. Being able to learn from the experiences of others is a great thing. Great comments about the situation and whether or not the OP will admit it, I bet there was a little fear controlling his responses to the LEO. I bet if I was in that situation a year ago, I might have reacted similar. But now after learning so much from the people on here I like to think I have developed a confidence & knowledge to guide me through a situation like that were one to present itself.

That's awesome. One of the greatest benefits of this forum has been the members who take no ****, and demand a cite whenever a point of law is made. Through that, I have learned more about how to exercise my rights than in all the constitutional law classes I have taken.
 

allenjeremy

Regular Member
Joined
Jan 15, 2010
Messages
16
Location
, ,
CCH permit

How does the "Duty to inform requirement" in NC affect this situation.

I have been told that having the CHP requires you to inform the officer directly when they make conversation with you.

I don't like that requirement and would someday like to see it changed. Along with lots of others Va has it right.

JA
 

REDFIVE48

Regular Member
Joined
May 17, 2010
Messages
255
Location
Charlotte, NC
How does the "Duty to inform requirement" in NC affect this situation.

I have been told that having the CHP requires you to inform the officer directly when they make conversation with you.

I don't like that requirement and would someday like to see it changed. Along with lots of others Va has it right.

JA

It doesn't, unless the OP had a Concealed Weapon in addition to his OC'd weapon. Duty to inform is a stipulation of your concealed handgun permit when you are carrying concealed.
 

aosailor

Regular Member
Joined
Oct 10, 2009
Messages
228
Location
Hampton, AR
How does the "Duty to inform requirement" in NC affect this situation.

I have been told that having the CHP requires you to inform the officer directly when they make conversation with you.

I don't like that requirement and would someday like to see it changed. Along with lots of others Va has it right.

JA
The duty to inform is only required when you are CC'ing. In this case the OP was OC'ing so whether he had is CHP or not is irrelevant. If you are OC'ing you have no duty to inform/produce ID.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
It doesn't, unless the OP had a Concealed Weapon in addition to his OC'd weapon. Duty to inform is a stipulation of your concealed handgun permit when you are carrying concealed.

Isn't there a "duty to inform" if stopped while operating a motor vehicle? That has been my understanding - please set me straight on this.
 

bc.cruiser

Regular Member
Joined
Apr 2, 2011
Messages
786
Location
Fayetteville NC
Isn't there a "duty to inform" if stopped while operating a motor vehicle? That has been my understanding - please set me straight on this.

If you have a CHP and are CC, yes you are required to inform. Just as if you were not in a vehicle. For practical purposes, it is recommended that you inform that you have a gun in the vehicle, even if it is being OCd or even laying out on a seat. This keeps the LEO from considering you as an illegal or non-compliant CCer.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
If you have a CHP and are CC, yes you are required to inform. Just as if you were not in a vehicle. For practical purposes, it is recommended that you inform that you have a gun in the vehicle, even if it is being OCd or even laying out on a seat. This keeps the LEO from considering you as an illegal or non-compliant CCer.

Likely was a similar suggestion that I was recalling - couldn't find a cite so figured it must be a practical, better safe than sorry, thing.

Those 'street rules" do make it difficult/awkward for a non-permit holder to OC in a vehicle though :uhoh:
 

allenjeremy

Regular Member
Joined
Jan 15, 2010
Messages
16
Location
, ,
I am not really sure about that.

I was specifically told during my CHP class (ran by a professional, not by some random Joe) that the first thing you should do when a police officer makes contact is state

"officer I have a CHP and I am , or am not, carrying"

I agree with many of the above posts and would rather not do anything additional than what is required by law. Simply giving them "courtesy" erodes our freedoms.

I need to pull the statute and read the language.

JA
 

ManInBlack

Regular Member
Joined
Jul 2, 2006
Messages
1,551
Location
SW Idaho
I never inform unless I'm it is required by law. Practical purposes and recommendations are not practical nor recommended. These are just illegal dilutions of our freedom masquerading as courtesy to the LEO. When asked, most people will say that they do it to avoid possible problems. There should be no problem as long as you are obeying the law. I refuse to kowtow in accordance with some unwritten rule that LEO enforces with no authority to do so. That is cowardice. If there is a problem it is at his selection, not mine.

I agree with this 100%.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
I am not really sure about that.

I was specifically told during my CHP class (ran by a professional, not by some random Joe) that the first thing you should do when a police officer makes contact is state

"officer I have a CHP and I am , or am not, carrying"

I agree with many of the above posts and would rather not do anything additional than what is required by law. Simply giving them "courtesy" erodes our freedoms.

I need to pull the statute and read the language.

JA

My Redneck Dictionary defines a "professional" as one who gets paid for their mistakes.

Receiving compensation doesn't make one right any more than giving free advice makes one wrong.
 

dmatting

Regular Member
Joined
May 25, 2011
Messages
445
Location
Durham, NC
I am not really sure about that.

I was specifically told during my CHP class (ran by a professional, not by some random Joe) that the first thing you should do when a police officer makes contact is state

"officer I have a CHP and I am , or am not, carrying"

I agree with many of the above posts and would rather not do anything additional than what is required by law. Simply giving them "courtesy" erodes our freedoms.

I need to pull the statute and read the language.

JA

I would suggest that you should have already read and understood the laws pertaining to carrying a concealed handgun if you do carry concealed. To me, the law is pretty clear - it states AND carrying a concealed handgun...
§ 14‑415.11. Permit to carry concealed handgun; scope of permit.

(a) Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun, shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer. In addition to these requirements, a military permittee whose permit has expired during deployment may carry a concealed handgun during the 90 days following the end of deployment and before the permit is renewed provided the permittee also displays proof of deployment to any law enforcement officer.
The emphasis in the quote was added by me...
 

bc.cruiser

Regular Member
Joined
Apr 2, 2011
Messages
786
Location
Fayetteville NC
I never inform unless I'm it is required by law. Practical purposes and recommendations are not practical nor recommended. These are just illegal dilutions of our freedom masquerading as courtesy to the LEO. When asked, most people will say that they do it to avoid possible problems. There should be no problem as long as you are obeying the law. I refuse to kowtow in accordance with some unwritten rule that LEO enforces with no authority to do so. That is cowardice. If there is a problem it is at his selection, not mine. [/QUOTE

"Strident speaking"is not necessary to make your opinion known. A recommendation is exactly that; it is not a dilution of a freedom or right. Further, it is my right to inform even if not required. I also take exception to being called a coward for my choice in how I exercise my rights. No one here has called you down for the way you exercise yours.

To allenjeremy: As dmatting posted, you are only required to inform of being a CHP holder when you are actually CCing.
 
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