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Must Inform? (by state)

Joined
Jun 21, 2009
Messages
2,381
Location
across Death's Door on Washington Island, Wisconsi
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Here's the difficulty with a particular citation, I don't believe that Wisconsin has a statutory duty to inform. Wisconsin does not address a legally armed citizen directly in statute law but only in the absence of a prohibition.

I searched all of Wisconsin statutes for "inform" to learn that essentially every chapter, and there are about a thousand chapters, has one or more mentions of "inform". Searching for the phrase "inform officer" was not any better.

I'm sure that one of the toothless tyrant's falsies will eagerly correct me.

Either we are equal or we are not. good people ought to be armed where they will, with wits and guns and the truth. NRA KMA$$ Goddamn the Obamination and its teeth.
 

brboyer

Regular Member
Joined
Jul 16, 2007
Messages
412
Location
Tampa Bay, Florida, USA
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Florida is not a 'must inform' state.

The only requirement is that youcarry your CWFL and an ID while carrying concealed. Florida Statute 790.06(1):

. . .
The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.

But there is no legal requirement to inform a LEO that you have a gun on your person, even if he/she asks. [Cannot provide a cite, because no such law exists]

The law only requires that you display your licenseand ID upon demand by a LEO.

If a LEO asks if you have a weapon/firearm, you are completely legal to say nothing at all, or you could even lie about it (as long as you are not being investigated for a crime - and no, traffic violations are not crimes in Florida).

Note: This only applies to licensed concealed carry on or about your person (backpack/purse/etc). If you carry in your vehicle (not on your person) in compliance with Florida Statutes 790.25(3) or 790.25(5) you have no requirements, whatsoever, to show your CWFL or discuss the presence of any weapons/firearms.
 

p85

Regular Member
Joined
Apr 15, 2008
Messages
67
Location
Jamestown NC
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NavyLT wrote:
p85 wrote:
As a side note, all states that do not require may ask you and if asked, you must answer.
And would you care to post a citation to a law that makes it mandatory to answer or illegal to not answer? Especially one that applies to all 50 states as you suggest?
No cite for this. Sorry if I muddied up the waters. I hope that the next time you are asked and refuse to answer is a pleasant experience.
 

p85

Regular Member
Joined
Apr 15, 2008
Messages
67
Location
Jamestown NC
imported post

Grapeshot wrote:
p85 wrote:
Although I am no longer a resident of NYS, I held a permit when I lived there. NYS does not require you to inform.

As a side note, all states that do not require may ask you and if asked, you must answer.
Please everybody, make it easier for Dreamer.

Give him only facts w/cites on this.

Yata hey

Second statement dealt with above. As for the first, you will not find a cite requiring you not to inform.

Dreamer asked for a helping hand. You have to expect that responders will have opinions.
 
Joined
Jun 21, 2009
Messages
2,381
Location
across Death's Door on Washington Island, Wisconsi
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NavyLT wrote:
Does anybody know if Michigan is a must inform state? ;)
From the URL linked above.

28.425f Concealed pistol license; possession; disclosure to police officer; violation; penalty; seizure; forfeiture; "peace officer" defined.
Sec. 5f.
(1) An individual who is licensed under this act to carry a concealed pistol shall have his or her license to carry that pistol in his or her possession at all times he or she is carrying a concealed pistol.
(2) An individual who is licensed under this act to carry a concealed pistol and who is carrying a concealed pistol shall show both of the following to a peace officer upon request by that peace officer:
(a) His or her license to carry a concealed pistol.
(b) His or her driver license or Michigan personal identification card.
(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.
(4) An individual who violates subsection (1) or (2) is responsible for a state civil infraction and may be fined not more than $100.00.
(5) An individual who violates subsection (3) is responsible for a state civil infraction and may be fined as follows:
(a) For a first offense, by a fine of not more than $500.00 or by the individual's license to carry a concealed pistol being suspended for 6 months, or both.
(b) For a subsequent offense within 3 years of a prior offense, by a fine of not more than $1,000.00 and by the individual's license to carry a concealed pistol being revoked.
(6) If an individual is found responsible for a state civil infraction under this section, the court shall notify the department of state police and the concealed weapon licensing board that issued the license of that determination.
(7) A pistol carried in violation of this section is subject to immediate seizure by a peace officer. If a peace officer seizes a pistol under this subsection, the individual has 45 days in which to display his or her license or documentation to an authorized employee of the law enforcement entity that employs the peace officer. If the individual displays his or her license or documentation to an authorized employee of the law enforcement entity that employs the peace officer within the 45-day period, the authorized employee of that law enforcement entity shall return the pistol to the individual unless the individual is prohibited by law from possessing a firearm. If the individual does not display his or her license or documentation within the 45-day period, the pistol is subject to forfeiture as provided in section 5g. A pistol is not subject to immediate seizure under this subsection if both of the following circumstances exist:
(a) The individual has his or her driver license or Michigan personal identification card in his or her possession when the violation occurs.
(b) The peace officer verifies through the law enforcement information network that the individual is licensed under this act to carry a concealed pistol.
(8) As used in this section, "peace officer" includes a motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28.6d, and security personnel employed by the state under section 6c of 1935 PA 59, MCL 28.6c.



 
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