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Thread: Failure to disclose and stating the obvious.

  1. #1
    Regular Member malignity's Avatar
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    So I've noticed that a few of us have gotten citations for failure to disclose, because the officer could not, for whatever reason see an openly carried handgun. Though all charges have been dropped for everyone that has fought this (that I'm aware of), I've highly been considering that if I ever do get stopped by police for OCing, that I would specifically say: "I have a CPL, and am openly carrying a handgun." then specifically turn to it and point, so that I cannot get charged with a failure to disclose. Though this is by no means required, does anyone see anything that would cause this to be flipped into a negative thing?

    Just hoping to save myself a few bucks in lawyer fees if I get thrown into a similar scenario. Does anyone else do this, or similar?
    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 dougwg's Avatar
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    Don't turn to show your gun.

    Disclosure means to talk or give written notice.

    The cop could say that you "displayed ostentatiously"(: marked by or fond of conspicuous or vainglorious and sometimes pretentious display) which would/could be brandishing.

    There is no upside to "turning to show" your gun.

    If you wish to disclose, just tell them.

    YMMV

  3. #3
    Regular Member malignity's Avatar
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    Touche'

    And very good point.

    Seems like a double edged sword. He could say I did so, even if I didn't and we'd be back to square one. That's not something a voice recorder would even pick up.


    Damned if you do, damned if you don't.
    All opinions posted on opencarry.org are my own, and do not necessarily reflect the views of opencarry.org or Michigan Open Carry Inc.

  4. #4
    Regular Member dougwg's Avatar
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    the voice recorder will pick up the verbal disclosure, which if that's what you want to do, will cover you.

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