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Question about Disclosure

Greyfoxx

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Me and TheSzerdi were talking the other day and we came up with this question that we both aren't sure of the answer, and I was hoping somebody on here could do us the favor of coming up with an answer.

Ok, well. The law is if a LEO stops you, you must disclose if you're carrying (Not sure offhand if it's just CC or OC too, but thats the reason for this post). Well, If a LEO comes up to your place of residance, and knocks on the door and asks you questions, Are you required to disclose that you're carrying (OC or CC), we're not sure on this. Is it considered a stop? or not? And is it required that you disclose even though you're in your own house or does that not matter?

Thanks,

Greyfoxx
 

autosurgeon

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You only have to disclose if you are CCing and only if you are stopped or detained.

A LEO coming to your door for the purpose of asking questions depends.

Is the LEO detaining you? If so and you are CC you must disclose.

If the LEO just is asking have you seen any suspicious activity around the neighborhood or something of that nature then I would not feel I was detained and therefor would not see any need to disclose I am armed.

The same goes for if you call the police for something that has nothing to do with your gun. IMOP they have no need to know I am armed if I am CC. If I am OC and they don't notice oh well.. as they are on my property if they have a problem with it oh well.
 

malignity

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Typically, I would say no on this too, and wouldn't disclose were an officer to show up at my door.

However, I do know Andy's luck, and I probably would, just for the sake of safety. If he says he's going to disarm you at your own house however, I'd tell him to go sit and turn. :lol:
 

lapeer20m

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however, if you were carrying cc in this scenario, and did not have a cpl (don't need one to cc at your own house) then you would have no duty to disclose.

(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.
Obviously you only need to disclose if you are cc'ing. Open carrying = no duty to disclose.

The mcl in question does not give any sort of exemptions to disclosing while cc'ing, although the language seems geared toward a traffic stop. I would say that yes, you would be obligated to disclose even at home if you were being stopped/detained by a police officer if you had a cpl.

no cpl = no disclose
no cc = no disclose

cc and cpl = disclose
 

malignity

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lapeer20m wrote:
(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.

Can you be 'stopped' at home? To be 'stopped' you must have been 'going'.

He's not in a vehicle. I'd say no disclosure is needed on your own private property unless you're in a mobile home.. :lol:


Just saying.
 

DrTodd

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lapeer20m wrote:
however, if you were carrying cc in this scenario, and did not have a cpl (don't need one to cc at your own house) then you would have no duty to disclose.

(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.
Obviously you only need to disclose if you are cc'ing. Open carrying = no duty to disclose.

The mcl in question does not give any sort of exemptions to disclosing while cc'ing, although the language seems geared toward a traffic stop. I would say that yes, you would be obligated to disclose even at home if you were being stopped/detained by a police officer if you had a cpl.

no cpl = no disclose
no cc = no disclose

cc and cpl = disclose
So... what if you CC at home without a permit? If you say you don't have to disclose, must a cpl holder?
 

northofnowhere

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Correct, if you are carrying concealed on your own property and are not a CPL holder, you have no duty to disclose your concealed weapon to an officer. The duty to disclose is built into the CPL regulations.
 

1245A Defender

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northofnowhere wrote:
Correct, if you are carrying concealed on your own property and are not a CPL holder, you have no duty to disclose your concealed weapon to an officer. The duty to disclose is built into the CPL regulations.
even if you have a CPL, even if its in your pocket, IN your house...
you are not carrying UNDER the authority of the CPL, so you would not be required to disclose..
 

malignity

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The more I think of the original question, the more things seem to pop out at me.

If you're not being detained, you don't need to disclose, am I right?

If an officer knocks on your door, and begins asking questions, I'd ask if you are being detained or not. If not, you have no obligation to my knowledge to even answer their questions, and can politely ask them to go away if you so choose. This may make for an angry police officer however.

I tend to agree too with Defender's answer. If you're carrying within your home, you're not carrying under your CPL statutes being that anyone can carry however they wish within the home as long as they live there, and therefore wouldn't be required to disclose.
 

northofnowhere

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What the nitty gritty in this discussion seems to be in the term "stopped" which is how the law words it. I could not find a legal definition so i would go by a dictionary definition. Wouldn't anything that stops you from doing what you were doing, if it be by a LEO, be defined as a stop.

Personally if a LEO approaches me anywhere, in any situation, if I am carrying concealed, I am going to disclose, whether on my property or elsewhere, no big deal. If an officer knocks on my door at home, he has stopped me from going about my business, hence he has stopped me, even if it's for a polite conversation or if it's for a donation to the local office's charity of choice, he has stopped me. If the law meant for us to disclose during a terry stop, or during detainment, it would state those words, but it does not, it simply says stopped.
 
B

Bikenut

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stainless1911 wrote:
malignity wrote:
Can you be 'stopped' at home? To be 'stopped' you must have been 'going'.

He's not in a vehicle. I'd say no disclosure is needed on your own private property unless you're in a mobile home.. :lol:


Just saying.

Hahahaha, I resemble that remark.

stopped, going, hahahahaha
When I was a young man during my travels I would "go" from place to place... now that I'm an old man during my travels I am always on the lookout for places to "go".:(
 

TheSzerdi

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After reading the replies, I'm going to say that you have absolutely no legal requirement to disclose when on your own property, because you're not carrying under authority of your CPL. That being said if you have a CPL and want to keep it without a lengthy / costly court battle, you'd better disclose.
 

SpringerXDacp

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TheSzerdi wrote:
After reading the replies, I'm going to say that you have absolutely no legal requirement to disclose when on your own property, because you're not carrying under authority of your CPL. That being said if you have a CPL and want to keep it without a lengthy / costly court battle, you'd better disclose.

Why in the World would you say that? J/K :lol:

Seriously, I agree. I wouldn't push the28.425f envelope too much and rely on 750.227 to pull you out of a potentially bad situation. Section 5f, specifically states those who are licensed under the act and carrying a concealed pistol and makes no provision for those who are carrying on or off their property.
 

smellslikemichigan

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Venator wrote:
smellslikemichigan wrote:
i think the only answer to this is legal precedent :(
so until someone tests the waters, we're in the dark (to use two idiom in one sentence)
Who you calling an idiom?
check your I-d 10T form. up at the top it should say whether you're an idiom or not
i would tell you exactly where to find it, but i don't have one:lol:
 
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