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One thing that bugs me.

hermannr

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
I am very happy you guys in OK will finally be able to OC, and I think the your organization is taking the proper approach being proactive with local LE...but one thing bugs me (well, more than one, one especially)

"duty to inform" When you talk to the LE community, maybe you might bring up the 5th ammendment to the US constitution (and whatever equilivant OK has in their constitution)

If a person who would be doing something illegal is asked by LE if they are armed...they do not need to answer that question...that would be self incrimination, they would be protected by the 5th (actually went through the court's on OH, another "must inform" state)...but if you are not doing anything illegal, you have to tell LE you are armed?

What does LE gain execpt a "Gotya" that they cannot enforce if someone wants to push back. It serves no good purpose, and could (has) cause(d) harm. (Another thread on this forum, happened to a guy from TX, Remember?)
 
A

Aknazer

Regular Member
Joined
Mar 6, 2011
Messages
1,760
Location
California
hermannr said:
I am very happy you guys in OK will finally be able to OC, and I think the your organization is taking the proper approach being proactive with local LE...but one thing bugs me (well, more than one, one especially)

"duty to inform" When you talk to the LE community, maybe you might bring up the 5th ammendment to the US constitution (and whatever equilivant OK has in their constitution)

If a person who would be doing something illegal is asked by LE if they are armed...they do not need to answer that question...that would be self incrimination, they would be protected by the 5th (actually went through the court's on OH, another "must inform" state)...but if you are not doing anything illegal, you have to tell LE you are armed?

What does LE gain execpt a "Gotya" that they cannot enforce if someone wants to push back. It serves no good purpose, and could (has) cause(d) harm. (Another thread on this forum, happened to a guy from TX, Remember?)
Click to expand...

Our "duty to inform" is only during an arrest, detainment, or traffic stop when you look at the actual law. Also the SCOTUS has ruled that a criminal is able to ignore such laws as it would be self incrimination. So if someone wanted to make the fight, they could most likely make the 5A arguement in court should they not inform and get caught. Not that I would want to do that, but it is a possibility if one feels inclined to make that fight and has the time/money to do so.
 
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