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Thread: Road trip help

  1. #1
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    I'm going to be taking a couple of road trips in the next few months and I need some help with finding laws for various states I'll be passing through.

    For the most part I've got the traveling/carrying parts covered, thanks to OCDO and Handgunlaw.us.

    What I need help with are laws regarding the recording of officer encounters (specifically in regards to notification/consent requirements), and requirements on when to produce carry permits. The recording laws are my main priority though. My google-fu turns up only laws related to recording phone calls, not face to face encounters.

    The states I'll be visiting/passing through are:

    Alabama
    Arizona
    Arkansas
    California
    Colorado
    Florida
    Georgia
    Idaho
    Indiana
    Kansas
    Kentucky
    Louisiana
    Michigan
    Minnesota
    Missouri
    Montana
    Nebraska
    Nevada
    New Mexico
    North Dakota
    Ohio
    Oklahoma
    South Dakota
    Tennessee
    Texas
    Utah
    Wisconsin
    Wyoming

    (Whew!)

    Any help from the state locals would be greatly appreciated. I could probably hunt all these laws down state by state, but it would take longer than the trips themselves I think, and I'm due to launch this Friday morning.

    As an aside I'm compiling all of this info into a file that, in the future, I'll try to make into a one-stop resource for carry laws laid out in chart fasion so if locals in states that I haven't listed above want to chime in, please feel free.:celebrate













  2. #2
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    If you are stopped via traffic stop, I guarantee you will be recorded, and being in your car, recording is fair game in any state.
    I don't know about public encounters though.

    You could inform though:
    "Before you start, I would like to inform you that this conversation is being recorded" (for quality control and training purposes )
    But don't tell where the recording device is, and don't make any moves toward it.

  3. #3
    Regular Member rodbender's Avatar
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    In Texas if you are asked for ID while armed, you must produce State issued picture ID (driver's license) and your Concealed Handgun License at the same time. You alsohave a duty tonotify if you are armed, so don't wait until he asks. He can disarm you,if he likes, until encounter is over.

    As far as recording, only one person must consent to the recording of a privateconversation of any type. That would be you or a friend if you are not involved in the conversation. Someone involved in the conversation must give permission.

    Edit: Oh yeah, You can carry in restaurants that serve alcohol, but not bars (suppose to be a sign with a big red 51 on a white background, but not always, so use your judgement). You can even have a drink, but don't get too hairy with it, you can't carry while intoxicated. I will normally have one margarita or beer when my wife and I go out to eat. I always stop at one.

    The thing about common sense is....it ain't too common.
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    Thats one hell of a lot of driving over a couple of months time, may we inquire as to the business on the agenda, and what will you be doing that causes you to suspect so many mistrusted encounters with Law enforcement officers? I'd bet you a months wages I could drive these same states, just as a sight see'er or on business and never even have a conversation with a police officer.. Reckon we all oughta keep an ear tuned to the news channel you make me suspicious already!!

  5. #5
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    ^Out of state plates alone are enough reason to expect unnecessary encounters and harassment.

    Phssthpok wrote:
    The states I'll be visiting/passing through are:

    Alabama
    Arizona
    Arkansas
    California
    Colorado
    Florida
    Georgia
    Idaho
    Indiana
    Kansas
    Kentucky
    Louisiana
    Michigan
    Minnesota
    Missouri
    Montana
    Nebraska
    Nevada
    New Mexico
    North Dakota
    Ohio
    Oklahoma
    South Dakota
    Tennessee
    Texas
    Utah
    Wisconsin
    Wyoming

    (Whew!)

    Are you serious? How many years you going to be on this road trip?

  6. #6
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    Two separate road trips.

    One leaving from Portland OR down to Kansas, over to Missouri, up through Kentucky (to avoid Illinois!) and a weeks stay in Ohio for a wedding/family reunion. Then up through Michigan and back home via a more northern route.

    The second (after a week and a half rest) goes down to Vegas, then Tuscon, and over to Florida, then a generally straight route to western Montana, then home again.

    Most of these states I will simply be passing through, but a little bit o' this state, and a little bit o' that state tends to add up!

  7. #7
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    I did a road trip for most of june that took me through 24 states. 8000 miles over 24 days.

    5 of which my permit was useless in.

  8. #8
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    lemme add some of my drives up..

    AL.,AZ.,AR.,CA.,NV.,NM.,OK.,TX.,KS.,MS.,TN.,KY.,NE .,OR.,IL.,IN.,OH.,WV.,VA.,MD.,PA.,DE.,NY.,NJ.,WI., SC.,NC.,
    ICan only remember having a problem with 1 VA. state cop in Fairfax county virginia from driving through all these states and I was just a passenger that time.. I think your worrying too much..But at least you'll be prepared.


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    Colorado law--CRS 18-12-204(2)(a):

    A permittee, in compliance with the terms of a permit, may carry a concealed handgun as allowed by state law. The permittee shall carry the permit, together with valid photo identification, at all times during which the permittee is in actual possession of a concealed handgun and shall produce both documents upon demand by a law enforcement officer. Failure to produce a permit upon demand by a law enforcement officer raises a rebuttable presumption that the person does not have a permit. Failure to carry and produce a permit and valid photo identification upon demand as required in this subsection (2) is a class 1 petty offense. A charge of failure to carry and produce a permit and valid photo identification upon demand pursuant to this subsection (2) shall be dismissed by the court if, at or before the permittee's scheduled court appearance, the permittee exhibits to the court a valid permit and valid photo identification, both of which were issued to the permittee prior to the date on which the permittee was charged with failure to carry and produce a permit and valid photo identification upon demand.


    For recording conversations, here's an annotation from 16-15-102:

    Consensual eavesdropping not an "unlawful interception". Since ยงยง 18-9-303and 18-9-304 do not prohibit or make unlawful consensual recorded eavesdropping, where one party to the conversation agrees to the recording, there is no "unlawful interception" within the meaning of subsection (10).


  10. #10
    Regular Member stuckinchico's Avatar
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    Us supreme court ruling ( im still looking for cite) Peace officers have no expectation to privacy in the commission of their duties record away

  11. #11
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    List of recognized Nevada recognized CCW permits: http://www.nvrepository.state.nv.us/ccw_changes.shtml

    NRS 202.3667 Permittee to carry permit and proper identification when in possession of concealed firearm; penalty.

    1. Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.

    2. A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.
    When carrying openly of course, no permit is necessary.

    There is no requirement in the law however to notify.

    Although NV recording laws say at least one party in the conversation must know about the recording I believe case law suggests that all parties must be informed of a recording. But I'm no expert at the recording laws. I base this comment off of this article: http://www.rcfp.org/taping/

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    For California I do not believe there are any notify requirements for transported or openly carried firearms but they do not issue CCW permits to people out of states at all. When knowingly within a school zone, (which is 1000' from a school,) the firearm must be unloaded and in a locked case.

    Firearms also cannot be loaded anywhere discharge of firearms is prohibited. When carrying unloaded but openly in such areas per 12031(e) the police are entitled to check whether your gun is loaded or not.

    I have no idea what the recording laws are in CA.

  13. #13
    Regular Member stuckinchico's Avatar
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    CA RECORD AWAY PEACE officers have no privacy in commission of duties

  14. #14
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    Tennessee: Single party consent to record. If you consent to recording your own conversations, then they are legal. You may not record a conversation you are not party to without the consent of one of the parties.

    Also, permit is required for any carry. It is against the law to carry in TN, and a permit is an affirmative defense to said charge. That means that a cop has RAS to stop you to check your permit if they see you are armed.

    No requirement to notify. And the debate on this rages on... I have had good luck notifying in the one traffic stop I have had since carrying, got a warning instead of a ticket. YMMV.

    Postings mean something here. They have to have wording that is 'substantially similar' to the state code section. this basically means that if you see a no firearms sign that reads like legalese, its valid and you can be arrested for carring there. No posting, they can ask you to leave and if you refuse its trespassing.



    have a safe trip!

    Pol

  15. #15
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    I have found this website handy.

    http://www.handgunlaw.us/

  16. #16
    State Researcher Bill Starks's Avatar
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    This should help:
    A Practical Guide to Taping Phone Calls and In-Person Conversations in the 50 States and D.C.

    http://www.rcfp.org/taping/states.html

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