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Thread: CPL/CCW. DISCLOSURE LAW

  1. #1
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    I was wondering what the Actual "Law" Was about disclosing to a police officer that you are carrying a concealed weapon. Is there a pertain time limit you have if so what is it? Also when is it necessary to disclose, only when "stopped" by an officer or "any" interaction at all with the police. If it is "stopped" what is that definition?

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    MMC wrote:
    I was wondering what the Actual "Law" Was about disclosing to a police officer that you are carrying a concealed weapon. Is there a pertain time limit you have if so what is it? Also when is it necessary to disclose, only when "stopped" by an officer or "any" interaction at all with the police. If it is "stopped" what is that definition?
    Disclose immediately, that's what the law states. But only if you are carrying a concealed weapon or have it in your car. Must disclose only if you are stopped in an official capacity. Casual conversation on the street, like hi how are you, nice day, are not an official stop. If you are not sure ask if you are being detained, if so disclose. Also if an Officer asks your name or for ID my guess is it's a "stop" whether legal or not I would disclose to CYA.

    I don't have a copy of the law if front of me, I'm sure someone will post it.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Reason: I was approched by the police to tell me that the road was closed and to go around the other way. He didn't ask for any ID. Do I need to disclose?

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    MMC wrote:
    Reason: I was approched by the police to tell me that the road was closed and to go around the other way. He didn't ask for any ID. Do I need to disclose?
    To be on the safe side you should probably disclose.

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    Regular Member Taurus850CIA's Avatar
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    Here ya go:

    28.517 Issuance of certificate; carrying certificate and driver license or Michigan personal identification card; disclosure to peace officer; forfeiture upon notice of revocation; violation; penalties.Sec. 7.
    (1) The commission or its agent shall issue a certificate to a qualified retired law enforcement officer who has complied with the active duty firearms standard and is eligible to carry a concealed firearm under 18 USC 926C and this act.
    (2) A certificate holder shall carry the certificate and a valid driver license or Michigan personal identification card on his or her person at all times while in possession of a concealed firearm and shall produce the documents upon demand by a peace officer.
    (3) A certificate holder who is carrying a concealed firearm and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a concealed firearm on his or her person or is transporting a firearm in his or her vehicle.
    (4) Upon notice of revocation, a certificate holder is required to forfeit his or her certificate to the commission by returning the certificate in person to the commission or returning the certificate by certified mail.
    (5) A violation of this section subjects the certificate holder to the penalties provided in section 5f of 1927 PA 372, MCL 28.425f, including forfeiture of the firearm.


    http://www.legislature.mi.gov/(S(ifkfztve1abkdx45zfys3k45))/mileg.aspx?page=getobject&objectname=mcl-28-517&query=on&highlight=firearms%20AND%20di sclose
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    define- "stopped"

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    Regular Member Taurus850CIA's Avatar
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    JMO

    I think if it's obvious that an officer has approached you in an official manner pertaining to a crime, you definitely need to disclose. In your situation, he was performing traffic duty, and his interaction with you was simply to pass on information. I would not have disclosed either. When in doubt, either disclose, or clear up whether the stop is official by asking if you're being detained. I think it will be fairly apparent to you, though.
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

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    "someone" i know got a ticket for Failure to disclose. my friend did disclose to the officer after the officer asked for his ID. which was well after he gave him directions.

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    Regular Member DanM's Avatar
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    MMC wrote:
    define- "stopped"
    Since "stopped" isn't further clarified in the law regardingdisclosure, I personally take a broad view of it since that is the safest way to stay lawful. Any interaction with a peace officer in the course of his/her dutiesis "official" and isa stop.Either it is a voluntary stop where the officer is talking conversationally to you and perhaps asking questions but you may dismiss yourself (typically by asking if you are free to go), or it is an involuntary stop (detention or arrest).

    Therefore, I disclose (if I'm CC'ing) in any interaction with a peace officer, no matter how briefly. Basically if a peace officer says even one word to me, I consider it that he's initiating a voluntary stop, and I must disclose (if CC'ing) because it is a stop.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

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    Taurus850CIA wrote:
    JMO

    I think if it's obvious that an officer has approached you in an official manner pertaining to a crime, you definitely need to disclose. In your situation, he was performing traffic duty, and his interaction with you was simply to pass on information. I would not have disclosed either. When in doubt, either disclose, or clear up whether the stop is official by asking if you're being detained. I think it will be fairly apparent to you, though.
    While the statute does say "stopped by a peace officer", and that is technically being detained, clearing that up could possibly mean going to court to do so. If you want to avoid the courtroom and all the expenses that accompany it, then don't give the officer the opportunity to say you didn't comply with the law.

    Why take the chance? You are required to disclose immediately. If the officer is acting in an official capacity (and in this case he is) then disclose.


    Watch this video and listen to the court audio to see how things can translate from the street to the courtroom.


    MMC wrote:

    "someone" i know got a ticket for Failure to disclose. my friend did disclose to the officer after the officer asked for his ID. which was well after he gave him directions.

    An excellent example of why it's best to not leave things up to interpretation. Disclose immediately.



  11. #11
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    I'm on my Township's police & fire board, I have interactions with many officers from our department, do I have to tell them I'm armed every time I talk with them??? I don't think so, there is a difference from being detained and a friendly "hi how ya doing" as you pass each other on the street.

    I think most of us know what a OFFICIAL interaction is. But each of us has to do what we feel is best.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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