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How you doing it?

kyleplusitunes

Regular Member
Joined
Aug 12, 2009
Messages
532
Location
Lennon Michigan, ,
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I was walking to my truck out of a gas station tonight, the cop was waiting in his car with the door open, I knew he was going to say something with me, he yelled from about 30 feet

"How you doing it?"

I mistook him saying "How are you doing?"

I told him "I'm good, how are you?"

He said "No, I mean do you have a CPL"

I replied "I do have a CPL, however, a CPL is not required for open carry"

"I know but a CPL means it must be concealed, and you didn't disclose it to me."

I say "Well, I thought you were engaging me in a casual conversation, which I do not have to disclose"

he said "No, I asked you How you doing it? referring to your gun, and you didn't disclose it to me."

Failure to disclose is what he was going to cite me with.

wtf? he didn't end up citing me, but what the hell? what should i have told him?
 

jbone

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Joined
Jun 4, 2008
Messages
2,230
Location
WA
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"How you doing it?"
That’s funny!

I start off with me left foot than my right! or walking and chewing gum is really very easy officer!

At any rate "How you doing it?"is no clear and concise command for do you have a CPL! And you did, after he properly asked the question. You handled it well and showed him his inability to clearly communicate. Good job.

I bet in his next encounter he will remember to ask in a manor the that reflects the answer he seeks.
 

1245A Defender

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Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
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that cop sounds like the one that stopped theszardi in the calif forum..
see a guy OCing a hand gun and wants to charge him with concealed! :banghead: :banghead:
how you doin it,,, really means,, do you have a CPL??? wtf?
i dont know jack,, but you dont need to disclose sh5t unless their is an investigation underway.
otherwise you would be forced by law to yell, at any and every cop, that you ever laid eyes on,,, IM CARRYING A GUN ON MY PERSON!!! :what: :what:
 

taxwhat

Regular Member
Joined
Aug 10, 2008
Messages
800
Location
S E Michgan all mine, Michigan, USA
imported post

kyleplusitunes wrote:
I was walking to my truck out of a gas station tonight, the cop was waiting in his car with the door open, I knew he was going to say something with me, he yelled from about 30 feet

"How you doing it?"

I mistook him saying "How are you doing?"

I told him "I'm good, how are you?"

He said "No, I mean do you have a CPL"

I replied "I do have a CPL, however, a CPL is not required for open carry"

"I know but a CPL means it must be concealed, and you didn't disclose it to me."

I say "Well, I thought you were engaging me in a casual conversation, which I do not have to disclose"

he said "No, I asked you How you doing it? referring to your gun, and you didn't disclose it to me."

Failure to disclose is what he was going to cite me with.

wtf? he didn't end up citing me, but what the hell? what should i have told him?



IMO Daylight /dark / City / Dept./Then maybe call to Chief or Mayor ? AS officer failed in fact so does info here .
 

FatboyCykes

Regular Member
Joined
Apr 3, 2009
Messages
942
Location
Warren, Michigan, USA
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This is what I was cited for a few months back. Failure to disclose while OCing....went all the way to court and was dismissed before I could say anything more than good morning your honor.

Just another example of LEO not knowing the law. You may want to contact the PD and let them know that their officers are in need of some remedial training in regards to OC.
 

maybeifulucky

Regular Member
Joined
Sep 4, 2008
Messages
47
Location
Oakland County, Michigan, USA
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Does anyone know about any up coming legislation to change any of these stupid CPL regulations IE: failure to disclose BS. And others? 50% sales from alcohol. I don't even drink but I can't have dinner with my wife at OX bar in Oxford Or Sagebrush in Lake Orion because they might sell more beer than food if I am carrying unless I open carry? STUPID!
 

Michigander

Regular Member
Joined
Aug 24, 2007
Messages
4,818
Location
Mulligan's Valley
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Maybeifulucky, you can view any pending legislation on the state's web page. Easy to look up.


Anyway, this is how the conversation should have went, in my opinion.

"How you doing it?"

(I mistook him saying "How are you doing?" )

"I'm good, how are you?"

"No, I mean do you have a CPL"

"Am I being detained"

(Then, one of 2 things would happen)

A.

"Yes, hold it right there" (or maybe some vague answer that may or may not mean yes, or at least makes you think it might mean yes, such as "no, you're being investigated")

"I don't consent to this or any searches." (recorders going, cell phone comes out and 911 gets called to request the help of state police. )

or B,

"No, you aren't being detained."

(turns around and walks away with no further comment).
 

JeffSayers

Regular Member
Joined
Sep 10, 2008
Messages
629
Location
Do you really wanna go there with me?, Michigan, U
imported post

mastiff69 wrote:
How am i doing it ? answer anyway my wife allows me to, how about yours ! smile !

Have a nice day !

Oh you want to talk to me, am i free to go ?

This should be adopted as the standardreply for this question! :lol:

Along with, "I am not carrying by authority of a CPL" for the why didn't you disclose crap.
 

scot623

Regular Member
Joined
Oct 2, 2009
Messages
1,421
Location
Eastpointe, Michigan, USA
imported post

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.

It's like getting a ticket for driving without a license...WHEN YOU AREN'T DRIVING!!!

The ticket the officers is writing you is for failure to disclose you are a carrying a concealed pistol. Not that you aren't diclosing you HAVE A CPL.
 

Scooter

Regular Member
Joined
Apr 20, 2009
Messages
283
Location
Dundee, Michigan
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Just a side note: If the gas station sells alcohol (most do) then you do needa CPL either way. Just mentioned it to keep folks out of trouble in that regard...

I do think you handled it well though!
 

malignity

Regular Member
Joined
Oct 9, 2008
Messages
1,101
Location
Warren, Michigan, USA
imported post

I'm still trying to figure out how "How are you doing it?" refers at all to firearms. If someone asked me "How are you doing it?" I'd be like... "...how am I doing what?"

Maybe they didn't teach me proper english when I got my college degree, but I don't even see how a police officer can even remotely argue that the above sentence refers directly to firearms.
 

craigm

Regular Member
Joined
Jan 21, 2010
Messages
109
Location
Michigan, USA
imported post

Scooter wrote:
Just a side note: If the gas station sells alcohol (most do) then you do needa CPL either way. Just mentioned it to keep folks out of trouble in that regard...

I do think you handled it well though!
You need the CPL to carry there, but I know of nothing saying you have to disclose when you're openly carrying. The actual MCL was cited above.
 

Scooter

Regular Member
Joined
Apr 20, 2009
Messages
283
Location
Dundee, Michigan
imported post

craigm wrote:
Scooter wrote:
Just a side note: If the gas station sells alcohol (most do) then you do needa CPL either way. Just mentioned it to keep folks out of trouble in that regard...

I do think you handled it well though!
You need the CPL to carry there, but I know of nothing saying you have to disclose when you're openly carrying. The actual MCL was cited above.

It was just a side note on needing a CPL in a location that has alcohol.

Being that he was OCing he did not need to disclose. I agree too.:cool:
 

Bailenforcer

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Joined
Nov 3, 2009
Messages
1,077
Location
City
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kyleplusitunes wrote:
I was walking to my truck out of a gas station tonight, the cop was waiting in his car with the door open, I knew he was going to say something with me, he yelled from about 30 feet

"How you doing it?"

I mistook him saying "How are you doing?"

I told him "I'm good, how are you?"

He said "No, I mean do you have a CPL"

I replied "I do have a CPL, however, a CPL is not required for open carry"

"I know but a CPL means it must be concealed, and you didn't disclose it to me."

I say "Well, I thought you were engaging me in a casual conversation, which I do not have to disclose"

he said "No, I asked you How you doing it? referring to your gun, and you didn't disclose it to me."

Failure to disclose is what he was going to cite me with.

wtf? he didn't end up citing me, but what the hell? what should i have told him?
"How you doing it?" would never hold up in court as advisement that he was engaging you as a investigative technique. he's a moron. The reason he didn't cite you is because a judge would go off on him in court. Yelling from 30 feet away is not an investigation, it is him yelling to get your attention and if you misheard him then it's his fault for such a tactic.
 

lil_freak_66

Regular Member
Joined
Sep 8, 2008
Messages
1,799
Location
Mason, Michigan
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umm...in a gas station...they usually sell alcohol,wouldnt that make the OC be under the authority of a cpl?



either way you only have to disclose while CC
 
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