• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Must we inform of our CHP permit if we're open carry??

D

DreQo

State Researcher
Joined
Jan 8, 2007
Messages
2,350
Location
Minnesota
imported post

*snip*
§ 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.

*snip*
Click to expand...
Ok, thats the law right there. Now we're all aware that our identity is our own business, and no one can legally just demand to see identification out of the blue. The practice of carrying sterile, aka w/o any ID while open carrying has been discussed in another thread. What I'm wondering is, could I get nabbed for NOT having my CHP on me even though I'm not carrying concealed.

During the CHP class, we were told (as the law states) that if we're carrying, we have to immediately inform an officer about our permit and handgun when approached. It was then stated that we need to inform the officer WHETHER OR NOT we're carrying. The reason for this was the following scenerio:

Cop pulls you over. You have no weapons on you. He takes your license and runs it through the system. Well, the system tells him that you have a CHP, but since you didn't tell him that, he now doesn't know if you've got a weapon on you or not, so he comes back to the car, his weapon out, and asks you to step out of the vehicle (for his own safety). Now you have to explain that yes, you DO have a permit, but you're not carrying.

Supposedly, the class givers said, that at that point you could get nabbed for not informing the officer of your permit. That never made sense to me, though, since that's like being nabbed for not having a driver's license while you're rollerblading...

So I'm thinking it would be legally safe for me to leave the permit and the ID in the car if I go for a stroll while openly carrying. I'm just looking for a second opinion, here. What do you guys think?
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

DreQo wrote:
*snip*
§ 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.

*snip*
Click to expand...
Ok, thats the law right there. Now we're all aware that our identity is our own business, and no one can legally just demand to see identification out of the blue. The practice of carrying sterile, aka w/o any ID while open carrying has been discussed in another thread. What I'm wondering is, could I get nabbed for NOT having my CHP on me even though I'm not carrying concealed.

During the CHP class, we were told (as the law states) that if we're carrying, we have to immediately inform an officer about our permit and handgun when approached. It was then stated that we need to inform the officer WHETHER OR NOT we're carrying. The reason for this was the following scenerio:

Cop pulls you over. You have no weapons on you. He takes your license and runs it through the system. Well, the system tells him that you have a CHP, but since you didn't tell him that, he now doesn't know if you've got a weapon on you or not, so he comes back to the car, his weapon out, and asks you to step out of the vehicle (for his own safety). Now you have to explain that yes, you DO have a permit, but you're not carrying.

Supposedly, the class givers said, that at that point you could get nabbed for not informing the officer of your permit. That never made sense to me, though, since that's like being nabbed for not having a driver's license while you're rollerblading...

So I'm thinking it would be legally safe for me to leave the permit and the ID in the car if I go for a stroll while openly carrying. I'm just looking for a second opinion, here. What do you guys think?
Click to expand...
The statute does not require you to 'splain nothin,' or show nothin' 'cept asn' "whenever the person is carrying a concealed handgun."
 
D

DreQo

State Researcher
Joined
Jan 8, 2007
Messages
2,350
Location
Minnesota
imported post

lol ok, that's what I thought. I'll be fishing on a public dock across the street from the police station tonight :Dhopefully we wont have any problems.
 
D

dubccat51

Opt-Out Members
Joined
May 5, 2007
Messages
178
Location
, North Carolina, USA
imported post

I was oc'ing last weekend while dove and goose huntingwhen the game warden rolled up on us and didn't say a word about my pistol except to ask me if it was a Springfield. As long as it is open you don't have the need of your permit. I just made sure that he knew that I hada pistolwhile he was checking my hunting license and shotgun. On the other hand, if you are fishing you have to carry ID in conjunction with you fishing license.
 
D

DreQo

State Researcher
Joined
Jan 8, 2007
Messages
2,350
Location
Minnesota
imported post

True, I have to carry the ID, but that doesn't mean I have to show it lol. (unless he asks for my fishing permit, that is.)

Anyway the night was uneventful in reference to carrying. We ended up fishing for a while, then taking a stroll up and down the Morehead water front. A couple people noticed here and there, but no problems :). There was one woman who was trying to convince us to go into her resturant, since we had glanced at the menu, so I smiled and said I couldn't because they served alcohol. She cocked her head and said "huh?". I turned my hip and said "I can't with this on..". She said "oh, yeah..you're right.." and looked dissapointed that she had lost some hungry customers, lol.
 
H

Hondov65

New member
Joined
Nov 13, 2007
Messages
6
Location
Raleigh-Durham, North Carolina, USA
imported post

........................And when not not carrying you ain't gotta' say Jack. You only have to inform officer when you are carrying, then wait for instructions before reaching for anything. Mike wrote:
DreQo wrote:
*snip*
§ 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.

*snip*
Click to expand...
Ok, thats the law right there. Now we're all aware that our identity is our own business, and no one can legally just demand to see identification out of the blue. The practice of carrying sterile, aka w/o any ID while open carrying has been discussed in another thread. What I'm wondering is, could I get nabbed for NOT having my CHP on me even though I'm not carrying concealed.

During the CHP class, we were told (as the law states) that if we're carrying, we have to immediately inform an officer about our permit and handgun when approached. It was then stated that we need to inform the officer WHETHER OR NOT we're carrying. The reason for this was the following scenerio:

Cop pulls you over. You have no weapons on you. He takes your license and runs it through the system. Well, the system tells him that you have a CHP, but since you didn't tell him that, he now doesn't know if you've got a weapon on you or not, so he comes back to the car, his weapon out, and asks you to step out of the vehicle (for his own safety). Now you have to explain that yes, you DO have a permit, but you're not carrying.

Supposedly, the class givers said, that at that point you could get nabbed for not informing the officer of your permit. That never made sense to me, though, since that's like being nabbed for not having a driver's license while you're rollerblading...

So I'm thinking it would be legally safe for me to leave the permit and the ID in the car if I go for a stroll while openly carrying. I'm just looking for a second opinion, here. What do you guys think?
Click to expand...
The statute does not require you to 'splain nothin,' or show nothin' 'cept asn' "whenever the person is carrying a concealed handgun."
Click to expand...
 
You must log in or register to reply here.
Top