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Thread: When to disclose...

  1. #1
    Regular Member malignity's Avatar
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    So I just had a 'what if' scenario run through my head here.. Say I'm CCing, and my buddy next to me is OCing, and a police officer stops us while we're walking down the road because he wants to hassle my buddy for OCing (which seems to happen frequently enough). At what point do I disclose that I too am carrying? Immediately, as soon as he starts talking to my buddy, or only if he acknowledges me?
    All opinions posted on opencarry.org are my own, and do not necessarily reflect the views of opencarry.org or Michigan Open Carry Inc.

  2. #2
    Regular Member CrossPistols's Avatar
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    If it was me it would be as soon as the cop started talking to me.

  3. #3
    Regular Member EM87's Avatar
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    I don't know the answer legally, but I'd probably disclose immediately just to be safe.
    "You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87

  4. #4
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    malignity wrote:
    ...and a police officer stops us...
    The police officer stopped you also, according to your scenario, so you are required to immediately notify him that you are in possession of a concealed pistol.

  5. #5
    Regular Member malignity's Avatar
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    Hmmm. Good point I suppose. Though I'd imagine he'd be stopping my friend technically for OCing and not really me. I guess same thing if you were a passenger in a car that's pulled over for speeding; do you tell the officer?
    All opinions posted on opencarry.org are my own, and do not necessarily reflect the views of opencarry.org or Michigan Open Carry Inc.

  6. #6
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    malignity wrote:
    Hmmm. Good point I suppose. Though I'd imagine he'd be stopping my friend technically for OCing and not really me. I guess same thing if you were a passenger in a car that's pulled over for speeding; do you tell the officer?
    Every lawyer I know says that you must disclose when the vehicle is stopped, because technically no one is free to go.

  7. #7
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    malignity wrote:
    So I just had a 'what if' scenario run through my head here.. Say I'm CCing, and my buddy next to me is OCing, and a police officer stops us while we're walking down the road because he wants to hassle my buddy for OCing (which seems to happen frequently enough). At what point do I disclose that I too am carrying? Immediately, as soon as he starts talking to my buddy, or only if he acknowledges me?
    The safest thing would be to disclose immediately.

    since you are both walking, and he is the one the officer wants to talk to, there is a good chance that you are not the one being stopped by the officer. You could ask if YOU are free to go...if he says no, then disclose immediately. Although you would prob win this one in court, is it really worth it?

    That's another good reason to open carry....you don't have to disclose and hand over your documents when asked. (assuming no bug)
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  8. #8
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    If he doesn't acknowledge you, you could immediately step to the side, start your recording devices, whip out your phone and take pictures, etc.

    If he does acknowledge you, disclose, then do as above.


  9. #9
    Regular Member autosurgeon's Avatar
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    CoonDog wrote:
    If he doesn't acknowledge you, you could immediately step to the side, start your recording devices, whip out your phone and take pictures, etc.

    If he does acknowledge you, disclose, then do as above.
    This is very good advise! In an on foot encounter only though as we know that in a traffic stop everyone is detained and needs to disclose!
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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