Just wondering if a passenger in the motor vehicle has a CCW when the vehicle is pulled over if they have to notify the officer also?
Passenger duty to notify?
- Thread starter David (OHGO)
- Start date
Short answer is Yes. R.C. 2923.126(A) says in part:
"...If a licensee is the driver or an occupant of a motor vehicle that is stopped as the result of a traffic stop or a stop for another law enforcement purpose and if the licensee is transporting or has a loaded handgun in the motor vehicle at that time, the licensee shall promptly inform any law enforcement officer who approaches the vehicle while stopped that the licensee has been issued a concealed handgun license and that the licensee currently possesses or has a loaded handgun;..."
Notice the duty to inform applies even if the licensee is an occupant of a motor vehicle.
"...If a licensee is the driver or an occupant of a motor vehicle that is stopped as the result of a traffic stop or a stop for another law enforcement purpose and if the licensee is transporting or has a loaded handgun in the motor vehicle at that time, the licensee shall promptly inform any law enforcement officer who approaches the vehicle while stopped that the licensee has been issued a concealed handgun license and that the licensee currently possesses or has a loaded handgun;..."
Notice the duty to inform applies even if the licensee is an occupant of a motor vehicle.
I totally missed that during class and even rereading the pamplet over the last few years. Thanks for pointing that out TL.
Yeah, the statute is clear when a motor vehicle is involved. However, not as much when you aren't in a car. That portion simply says if the licensee is stopped for a law enforcement purpose. That begs the question what if a companion of yours is stopped by an officer while walking down the street for a law enforcement purpose. It may not be clear if you personally are stopped or just your friend. Or if your friend is being stopped but maybe for the security of the scene or another lawful reason, you aren't free to leave even if you weren't the one initially stopped by the officer. There would at least be arguments to be made. However, my advice is to just notify the officer anyways. Why risk committing a criminal offense?