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Thread: Do I have to tell a cop I'm OC if I get pulled over?

  1. #1
    Regular Member xDayan's Avatar
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    Question Do I have to inform a LEO of my Handgun, While OC in a car?

    Code:
      Sec. 11.61.220. Misconduct involving weapons in the fifth degree.
    
    Statute text
    (a)  A person commits the crime of misconduct involving weapons in the fifth degree if the person  
    (1) is 21 years of age or older and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon,  
    (A) that is concealed on the person, and, when contacted by a peace officer, the person fails to  
    (i) immediately inform the peace officer of that possession; or  
    (ii) allow the peace officer to secure the deadly weapon, or fails to secure the weapon at the direction of the peace officer, during the duration of the contact;  
    (B) that is concealed on the person within the residence of another person unless the person has first obtained the express permission of an adult residing there to bring a concealed deadly weapon within the residence;  
    (2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises;  
    (3) being an unemancipated minor under 16 years of age, possesses a firearm without the consent of a parent or guardian of the minor;  
    (4) knowingly possesses a firearm  
    (A) within the grounds of or on a parking lot immediately adjacent to an entity, other than a private residence, licensed as a child care facility under AS 47.32 or recognized by the federal government for the care of children, except that a person 21 years of age or older may possess an unloaded firearm in the trunk of a motor vehicle or encased in a closed container of a motor vehicle;  
    (B) within a  
    (i) courtroom or office of the Alaska Court System; or  
    (ii) courthouse that is occupied only by the Alaska Court System and other justice-related agencies; or  
    (C) within a domestic violence or sexual assault shelter that receives funding from the state;  
    (5) possesses or transports a switchblade or a gravity knife; or  
    (6) is less than 21 years of age and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed on the person.  
    (b)  In a prosecution under (a)(6) of this section, it is an affirmative defense that the defendant, at the time of possession, was  
    (1) in the defendant's dwelling or on land owned or leased by the defendant appurtenant to the dwelling; or  
    (2) actually engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection.  
    (c)  The provisions of (a)(2) and (4) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.  
    (d)  In a prosecution under (a)(2) of this section, it is  
    (1) an affirmative defense that  
    (A)  [Repealed,  7 ch 62 SLA 2003.] 
    (B) the loaded firearm was a concealed handgun as defined in AS 18.65.790; and  
    (C) the possession occurred at a place designated as a restaurant for the purposes of AS 04.16.049 and the defendant did not consume intoxicating liquor at the place;  
    (2) a defense that the defendant, at the time of possession, was on business premises  
    (A) owned by or leased by the defendant; or  
    (B) in the course of the defendant's employment for the owner or lessee of those premises.  
    (e)  For purposes of this section, a deadly weapon on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a weapon without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it; a deadly weapon on a person is not concealed if it is an unloaded firearm encased in a closed container designed for transporting firearms.  
    (f)  For purposes of (a)(2) and (e) of this section, a firearm is loaded if the  
    (1) firing chamber, magazine, clip, or cylinder of the firearm contains a cartridge; and  
    (2) chamber, magazine, clip, or cylinder is installed in or on the firearm.  
    (g)  Misconduct involving weapons in the fifth degree is a class B misdemeanor.  
    (h)  The provisions of (a)(1) and (6) of this section do not apply to a  
    (1) peace officer of this state or a municipality of this state acting within the scope and authority of the officer's employment;  
    (2) peace officer employed by another state or a political subdivision of another state who, at the time of the possession, is  
    (A) certified as a peace officer by the other state; and  
    (B) acting within the scope and authority of the officer's employment; or  
    (3) police officer of this state or a police officer or chief administrative officer of a municipality of this state; in this paragraph, "police officer" and "chief administrative officer" have the meanings given in AS 18.65.290.  
    (i)  In a prosecution  
    (1) under (a)(4)(B) of this section, it is a defense that the defendant, at the time of possession, was authorized to possess the firearm under a rule of court;  
    (2) under (a)(4)(C) of this section, it is a defense that the defendant, at the time of possession, was authorized in writing by the administrator of the shelter to possess the firearm.  
    (j)  In (a)(1) of this section, "contacted by a peace officer" means stopped, detained, questioned, or addressed in person by the peace officer for an official purpose.  
    History
    (( 7 ch 166 SLA 1978; am  23 ch 102 SLA 1980; am  8, 9 ch 59 SLA 1991; am  17, 18 ch 79 SLA 1992; am  1 - 3 ch 67 SLA 1994; am  2 ch 124 SLA 1994; am  3 ch 130 SLA 1994; am  3 ch 33 SLA 1995; am  4 - 8 ch 1 SLA 1998; am  1 ch 10 SLA 1998; am  4 ch 58 SLA 1999; am  1, 2 ch 94 SLA 2000; am  1 - 4, 7 ch 62 SLA 2003; am  4 ch 99 SLA 2004; am  5 ch 57 SLA 2005))
    Annotations
      Revisor's notes.  Paragraphs (i)(1) and (i)(2) were enacted as (i)(A) and (i)(B).  Renumbered in 1998.  
      Effect of amendments.  The first 1998 amendment, effective April 14, 1998, in paragraph (a)(4) added the subparagraph (A) designation and added subparagraphs (B) and (C); in subsection (b) substituted "the weapon was a concealed handgun" for "the deadly weapon concealed was a handgun," in paragraph (3) [now repealed]; added paragraph (4) [now repealed], and made a related stylistic change; in subsection (c) made a subsection reference substitution; in subsection (d) added paragraph (1), designated the existing provisions of that subsection as paragraph (2), and rewrote the material appearing therein; and added subsections (h) and (i).  
    The second 1998 amendment, effective April 14, 1998, rewrote subsection (h).  
    The 1999 amendment, effective July 1, 2000, inserted a section reference in subparagraph (a)(4)(A).  
    The 2000 amendment, effective August 29, 2000, deleted "and the possession did not occur in a municipality or established village in which the possession of concealed handguns is prohibited under AS 18.65.780 - 18.65.785" from the end of paragraphs (b)(3) [now repealed], (b)(4) [now repealed], and (d)(1).  
    The 2003 amendment, effective September 9, 2003, in paragraph (a)(1) added "is 21 years of age or older and" at the beginning, added subparagraph (B) and the subparagraph (A) designation, in subparagraph (A) added ", and, when contacted by a police officer, the person fails to" at the beginning of the introductory language, and added items (i) and (ii); added paragraph (a)(6); in subsection (b) updated a paragraph reference in the introductory language, deleted paragraphs (3) and (4), and made related stylistic changes; repealed subparagraph (d)(1)(A); in subsection (h) inserted "and (6)" in the introductory language; and added subsection (j).  
    The 2004 amendment, effective June 26, 2004, deleted "AS 14.37" following "licensed under" in paragraph (a)(4)(A), and made related changes.  
    The 2005 amendment, effective July 2, 2005, in subparagraph (a)(4)(A) substituted "an entity" for "a center," inserted "as a child care facility," updated a section reference, and added the language beginning "except that" to the end of the subparagraph.  
      Editor's notes.  Under sec. 55(b), ch. 57, SLA 2005, until June 30, 2006, the reference to AS 47.32 in this section includes former AS 47.33 and AS 47.35.  
      Legislative history reports.  For revision of 1978 legislative committee report on AS 11.61.220, see 1979 House Journal, pp. 632-633.  For a report on Chapter 102, SLA 1980 (HCS CSSB 511), see 1980 Senate Journal Supplement, No. 44, May 29, 1980, or 1980 House Journal Supplement, No. 79, May 29, 1980.  
      Opinions of attorney general.  Because AS 11.55.020 (now this section) excepts only "peace officers" from the general prohibition against carrying concealed weapons, other persons, including state employees charged with limited law enforcement duties unless a peace officer within the meaning of AS 01.10.060(6), may not carry concealed weapons. December 22, 1977, Op. Att'y Gen.  
    A comparison of the language of AS 18.65.010(b), which describes the general powers and duties of a specially commissioned officer, with that of AS 18.65.080, which describes the powers and duties of commissioned officers of the Department of Public Safety with particular reference to "member" of the state troopers, supports the conclusion that a specially commissioned officer is a "peace officer" for purposes of both AS 01.10.060(6) and AS 11.55.020 (now this section) when performing law enforcement duties within the limitations set forth on the face of a special commission and furthermore, may carry concealed weapons without violating AS 11.55.010 (now this section) while performing these duties to the extent permitted by the commission itself.  December 22, 1977, Op. Att'y Gen.
    a) A person commits the crime of misconduct involving weapons in the fifth degree if the person
    (1) is 21 years of age or older and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon,
    (A) that is concealed on the person, and, when contacted by a peace officer, the person fails to
    (i) immediately inform the peace officer of that possession; or
    (ii) allow the peace officer to secure the deadly weapon, or fails to secure the weapon at the direction of the peace officer, during the duration of the contact;

    it seems like it has to be concealed for you to have to tell the officer
    Last edited by xDayan; 11-22-2010 at 07:52 PM.

  2. #2
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    The officer may or may not see your sidearm depending on which side of your body the sidearm is on. I would tell the officer whether I am carrying concealed or openly, it is the law.

  3. #3
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    Quote Originally Posted by spyderdude View Post
    The officer may or may not see your sidearm depending on which side of your body the sidearm is on. I would tell the officer whether I am carrying concealed or openly, it is the law.
    But the law cited ONLY makes this a requirement WHEN THE DEADLY WEAPON IS CONCEALED. By my read, if the weapon is OC'd then all sub-headings under the (A) do not apply until the (B).

    Understand that the Officer MAY THINK that this is required at all times, by the read of the posted law, and if no other portion of that law is triggered, then YOU ARE ONLY REQUIRED TO NOTIFY IF THE WEAPON IS CONCEALED!

    My that posted format is hard to read!
    Last edited by JoeSparky; 11-23-2010 at 01:11 AM.

  4. #4
    Regular Member xDayan's Avatar
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    Cool

    Quote Originally Posted by spyderdude View Post
    The officer may or may not see your sidearm depending on which side of your body the sidearm is on. I would tell the officer whether I am carrying concealed or openly, it is the law.
    my strong side is my right, and in my car its kinda hard to see unless I get out of the car...

    Quote Originally Posted by JoeSparky View Post
    But the law cited ONLY makes this a requirement WHEN THE DEADLY WEAPON IS CONCEALED. By my read, if the weapon is OC'd then all sub-headings under the (A) do not apply until the (B).

    Understand that the Officer MAY THINK that this is required at all times, by the read of the posted law, and if no other portion of that law is triggered, then YOU ARE ONLY REQUIRED TO NOTIFY IF THE WEAPON IS CONCEALED!

    My that posted format is hard to read!
    Code:
    18.65.790
    3) "concealed handgun" means a firearm, that is a pistol or a revolver, and that is covered or enclosed in any manner so that an observer cannot determine that it is a handgun without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it; however, "concealed handgun" does not include a shotgun, rifle, or a prohibited weapon as defined under AS 11.61.200;

    So it seem to be that just because he cant see it from one side, doesn't mean it's concealed. I just don't wanna mess with the whole thing if I don't have too...

  5. #5
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    No..., under Alaska Code AS 11.61.220(a)(1)(A)(i) AND AS 11.61.220(a)(1)(A)(ii), one ONLY needs Afford an Oppurtunity to Inform a Law Enforcement Officer of Alaska IF such Firearm is Concealed on or about your Person.
    Openly Carrying a Firearm while in Public is LEGAL in Alaska, without needing any Special Permit to do so, and there is NO Disclosing Requirement for Openly Carrying.

    The Relevant Alaskan Code is Posted here:
    http://touchngo.com/lglcntr/akstats/...Section220.htm
    Last edited by aadvark; 11-30-2010 at 12:32 PM.

  6. #6
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    When I'm pulled over I use the right to remain silent (5th Amendment) and refuse to talk to them. The law demanding me to inform the officer that I am carrying is unconstitutional. Never talk to the police they are not your friend.

  7. #7
    Campaign Veteran MSG Laigaie's Avatar
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    Do you think this could be an arrestable "offense" for being "uncooperative"? Some people do make up the law as they go along so expecting them to know/understand the law............well..............? It easier to arrest than understand.

  8. #8
    Campaign Veteran Cavalryman's Avatar
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    Quote Originally Posted by MSG Laigaie View Post
    Do you think this could be an arrestable "offense" for being "uncooperative"? Some people do make up the law as they go along so expecting them to know/understand the law............well..............? It easier to arrest than understand.
    I've never met a cop in Alaska who didn't know the few state gun laws by heart, although I suppose there may be one. Cops in Alaska just assume you're carrying and watch for any suspicious move. I doubt you'd get jammed up on the technicality that he couldn't see the firearm from his angle. Whether he sees a gun or not, if you do something suspicious, you're getting a pistol screwed into your ear. On the other hand, I don't think it could do any harm to notify the officer that you're armed. This isn't California where you'll be arrested "just because" you're carrying legally. I've never been pulled over while carrying but I've walked past police officers dozens -- maybe hundreds -- of times while carrying a honkin' big handgun on my belt and never got more than a glance. Furthermore, the law is pretty unambiguous in that the requirement is that you notify the officer if the firearm is concealed upon your person and I'm pretty sure a "made up" charge wouldn't stick and even might subject the officer to disciplinary action. It's in the gray areas where a few LEOs "make up the law as they go along."

  9. #9
    Regular Member FarNorth's Avatar
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    I've been pulled over a couple times, both times while on my bike and for speeding. (I don't always ride too fast, really) Once by a Trooper and once by APD. The trooper was cool when I told him I was carrying, asked me to lift my jacket and show him then just wanted me to keep my jacket zipped up. He kicked the speeding down to a lower fine and sent us on our way.

    The APD officer asked to hold on to my pistol and just gave a warning on the speeding. We ended up spending more time talking about guns and motorcycles then on how fast I was riding.

    I open carry, depending on the climate, everywhere I go and haven't had any negative encounters yet.

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