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Thread: Duty to Inform

  1. #1
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    On my way home this morning and saw a deer laying in the middle of the road, still moving. I called the local PD's dispatch. It stood up, so I figured I'd sit in my car and keep it lit up until a LEO arrived. I was able to sit in a parking lot totally off the road and point my headlights onto it. The LEO arrived, pulled up next to me and spotlighted the deer (no other lights on) and then casually walked around to the driver's side of my vehicle. I told him that I hadn't hit the deer, but was concerned that someone else would. He thanked me and said he was going to scare it away from the road. I headed for the house.

    Was I supposed to inform him that I was carrying? Honestly, I was more at ease with my chosen course of action; I didn't feel the need to inform because there was no "stop" implied, and to inform without necessity could have complicated matters. Am I thinking the right way, or am I supposed to tell the meter maid if he/she walks by and says hello?

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    v8shoguy wrote:
    On my way home this morning and saw a deer laying in the middle of the road, still moving. I called the local PD's dispatch. It stood up, so I figured I'd sit in my car and keep it lit up until a LEO arrived. I was able to sit in a parking lot totally off the road and point my headlights onto it. The LEO arrived, pulled up next to me and spotlighted the deer (no other lights on) and then casually walked around to the driver's side of my vehicle. I told him that I hadn't hit the deer, but was concerned that someone else would. He thanked me and said he was going to scare it away from the road. I headed for the house.

    Was I supposed to inform him that I was carrying? Honestly, I was more at ease with my chosen course of action; I didn't feel the need to inform because there was no "stop" implied, and to inform without necessity could have complicated matters. Am I thinking the right way, or am I supposed to tell the meter maid if he/she walks by and says hello?
    You called the police for official business. Yes, you should have notified.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

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    I was told in my carry permit class that you have a duty to inform in case of any and all non-trivial police contacts. Walking by a cop on the street and identifying yourself as packing would be awkward, but any time you are stopped, or you call them, or you are identified as a witness to something, you should inform them of your permit status and whether or not you are actually carrying, as I understand it.

    -ljp

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    My call wasn't the one that got the police there, they were already en route. Does that make a difference? Nothing compelled me to stay around except for the fact that I didn't want someone else to hit the animal.

    Had anything indicated that I would have needed to step out of the vehicle or stay around for more than the 30 seconds or less that I did after he arrived, I would have informed. It would seem trivial that the law would require me to inform during such a short (and pointless, really) interaction.

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    I had a situation like that come up once - before permits were common. There was an injured deer on the side of the road and we were scratching our heads about what to do. We called a cop and he was whining about the paperwork about the prospect of having to shoot the animal (any weapon discharge requires a report). We offered to dispatch the beast for him and put it out of its misery and we did and he thanked us. If that happened now, I would definitely inform him about my permit and whether I was carrying. Err on the side of caution and assume you should tell them, even if you're not directly involved.

    -ljp

    p.s. As I read the relevant law, it seems that in Ohio, the duty to inform only applies if you are carrying or transporting a handgun in a manner that requires having the permit. If you only have unloaded guns in your car trunk, say, then you wouldn't have to mention them during a stop. Correct me if I'm wrong.

    http://codes.ohio.gov/orc/2923.12

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    Thanks for the information. While I don't regret my course of action, I do regret my ignorance on the subject. I will be better prepared next time, and hoping there isn't a next time.

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