What Do Do If You Get Pulled Over While Carrying Concealed?

[HiPointer]

Just wondering what you are supposed to do in case you get pulled over in Ohio while carrying a concealed handgun?


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Edit: For anyone looking for instructions you can continue to read through this thread or visit the link below which provides an instructional video and step by step instructions.


What To Do If You Get Pulled Over While Carrying A Concealed Handgun In Ohio

No one is the perfect driver, chances are good you have been or will be pulled over at some point in your life. Some of us more than others! If you are legally carrying a concealed weapon and you'll pulled over in Ohio with a CHL the process is going to be different. Many times it will be a completely new process for you, and navigating through it to ensure no further legal issues can be confusing. I am here to help clear up that confusion and give you proven tips (and the law) about when and how to alert police you are carrying. What to do, and what not to do.

Continue reading the Original Blog Post.

 

[RangerTim]

The law states you are required to do the following:


-Remain Inside the Vehicle


-Keep your hands in a visible location


-Inform the officer you are carrying at the earliest possibility


That said, there are additional things you SHOULD do to make the interaction go as smoothly as possible:


-Turn on the dome light if it's dark


-Lower the window for the officer if it isn't pouring rain or snowing


-Avoid large movement - The officer doesn't know if you're reaching for insurance or a firearm. Just wait, and you'll have plenty of time to get the documentation when he gets to the card


-Be respectful - Law enforcement's job is hard enough, especially in the last few years. Being respectful can go a long way in ensuring your traffic stop goes smoothly.


A traffic stop is one of the most dangerous things an officer can do. They don't know if they are rolling up on grandma coming home from bingo or a serial killer or a drug trafficking dealer with 100Kg of cocaine willing to do anything to keep it.


If we have any LEO's on the forum please feel free to chime in. Thanks.

 

[Dirtbike]

[QUOTE="Chris Timmerman]The law states you are required to do the following:
-Remain Inside the Vehicle


-Keep your hands in a visible location


-Inform the officer you are carrying at the earliest possibility


That said, there are additional things you SHOULD do to make the interaction go as smoothly as possible:


-Turn on the dome light if it's dark


-Lower the window for the officer if it isn't pouring rain or snowing


-Avoid large movement - The officer doesn't know if you're reaching for insurance or a firearm. Just wait, and you'll have plenty of time to get the documentation when he gets to the card


-Be respectful - Law enforcement's job is hard enough, especially in the last few years. Being respectful can go a long way in ensuring your traffic stop goes smoothly.


A traffic stop is one of the most dangerous things an officer can do. They don't know if they are rolling up on grandma coming home from bingo or a serial killer or a drug trafficking dealer with 100Kg of cocaine willing to do anything to keep it.


If we have any LEO's on the forum please feel free to chime in. Thanks.

[/QUOTE]
+1 exactly as Chris stated

 

[David]

As @Chris Timmerman provided some great things on what to do, here are some things you don't want to do.

• Do not remove the gun from its holster/location and show the officer unless told to do so.
  
• Do not become confrontational and/or argumentative. Remember there are some police out there that do not know the law 100% (and neither do you). If you think your rights are about to be infringed try to record the situation. You can also always ask for other officers and supervisors most of the time to come out.
  
• If you do get arrested, learn real fast to shut up.
  
• Do not waive any of your rights at any time for any reason. Even if you think this may some how speed a process up or help your situation, it won't.
  

Remember you should know any and all laws before carrying a concealed weapon, this includes what to do in traffic stop situations, and God forbid if a situation arises where you have to defend yourself or a loved one. (Remember the magic words: "I feared for my life")

 

[Ohiobellboy]

Weather permitting, All windows down so he/she can see in the entire vehicle. Hands on the wheel where they can be seen easily.

 

[Dirtbike]

I probably point this out a few times a day but here is a link to the ORC (Ohio Revised Code) I don't remember if you had mentioned in another posting or not if you already have or are looking to get your Ohio CHL but the instructor should be going over these scenarios with their students, in any case it would be prudent to read and understand this manual, it does not cover all the laws but it gives good insight, like others have pointed out; if you were to find yourself pulled over just remember it's the LEO's world at that point and both of ya wanna go home at the end of the night.


Sorry if I came on strong with this, it's just very important to understand the responsibilities that come along with this is all.


Respects.....


Frank


Here is the link


http://www.ohioattorneygeneral.gov/Law-enforcement/Concealed-Carry


http://www.ohioattorneygeneral.gov/Law-Enforcement/Concealed-Carry/Concealed-Carry-Laws-Manual-(PDF)

 

[Dirtbike]

@David is there a possibility of creating a sticky for the ORC for reference?

 

[David]

@David[/URL] is there a possibility of creating a sticky for the ORC for reference?

Absolutely! I really need to get working on the help pages and resources/articles for stuff like this

 

[Dirtbike]

[QUOTE="David]Absolutely! I really need to get working on the help pages and resources/articles for stuff like this

[/QUOTE]
That'll be a good thread to subscribe to and a great reference as well!

 

[dennis (OHGO)]

in pa.,you don't have to say anything about a gun unless asked . i always have my truck gun hangin in the back window . (still think i'm home in n.c.) i took it out when eric frein shot those 2 cops last hunting season. his father was my tank commander back in 84.they live 1/4mile up the road. swat, a.t.f., marshall's everywhere for a long time, brother.

 

[~ZENAS~]

I always like to use this example for my students. Ohio's statute says you shall "immediately" inform the officer you are carrying. There are no appellate cases interpreting the term "immediately". However, Michigan law uses the word "promptly". I honestly think Ohio courts will conclude "immediately" and "promptly" have the same meaning. There is a Michigan case where the officer approaches the car and after 20 seconds of exchanged pleasantries, and before really getting into the reason for the stop, the driver then informs the officer he is carrying. The appellate court ruled that the 20 second delay in informing the officer was not "promptly" informing him and his conviction was upheld. The upshot of this is that even if the officer wants to direct the conversation elsewhere, interrupt him to inform him you are carrying (politely and clearly as possible, obviously) as soon as he approaches the car.

 

[dennis (OHGO)]

thank you for that information ! i know the district judge in my town , i'm gonna pop in and ask what the law really is in this township or state . our cop's just merged with another township. plus our l/e were real andy fiff's, just lookin for anything. thank's again, t.L. !

 

[MyWifeSaidYes]

[QUOTE="T.L.Jones]... Ohio's statute says you shall "immediately" inform the officer you are carrying...

[/QUOTE]
Ohio has always used the term "promptly" for notification.

 

[~ZENAS~]

Yeah I transposed the terms. Ohio says promptly and Michigan says immediately. Typos happen. Thanks for pointing it out.

 

[MyWifeSaidYes]

"Promptly", "immediately", it doesn't really matter. Notification needs to go away.


A criminal is under no duty of law to notify, so why are CHL holders required to do so?


In fact, a criminal has 5th Amendment protection AGAINST notifying, yet if we CHL holders are just a little distracted by the spotlight, the colored beacons and the flashing high beams in our rear-view mirror, and we miss the fact that the officer has arrived at our window and don't notify in a time that THEY consider "promptly", WE get charged with at LEAST a minor misdemeanor.

 

[~ZENAS~]

While I agree it shouldn't be a criminal issue, I strongly advise notification anyway. It is common courtesy to an officer who already knows you have a permit and might be carrying and is already on edge approaching a vehicle (talk to any LEO if you have trouble understanding the concerns and anxieties an officer feels who is just trting to make it home to his family each night). In fact, for this reason, even if you are not carrying and therefore under no obligation to mention it to the officer, I recommend alleviating these anxieties by informing the officer you are not carrying, since he likely knows from the LEADS check he did before approaching your car.


I'm a strong advocate for my rights, but also for coomon sense and common courtesy.


Also, as a lawyer your argument concerning the 5th amendment is misplaced. The ability to carry concealed (or in a car) is not a right but a statutorily created exception to the crimes of carrying concealed weapons and improperly handling firearms in a motor vehicle. As such, you must follow lawful restrictions and duties. It's completely different than a 5th amendment analysis. We can debate over whether we believe concealed carry or vehicle carry SHOULD be a protected right, but the fact is that under the current law it is not.

 

[MyWifeSaidYes]

I'm not sure you read my post completely.


If you do not have a CHL, you are not allowed to possess a loaded firearm in a vehicle, right? Doing so would make you a criminal.


If you are such a criminal, to advise an officer that you are carrying would DEFINITELY be self-incrimination.


That's where the 5th Amendment protection creeps in. But only for the criminal. They have NO duty to notify AND they face NO CHARGES for failing to "notify".

 

[MyWifeSaidYes]

And as far as "common courtesy", EVERY peace officer in Ohio should assume there is a gun on every person they stop. And if I tell them I am unarmed, I hope they don't believe me.


I don't provide any information I am not required to, but I can can still be nice to the officer.


"Do you know how fast you were going, sir?"


"Yes. I was doing [speed limit]."


"Well, sir, I clocked you doing [faster than speed limit]."


So he already doesn't believe me, even if he IS in the wrong.


Why give him any more info?

 

[~ZENAS~]

I don't think you understand the difference between NOT saying something that would incriminate you and SAYING somethimg that would NOT incriminate you. One is a 5th amendment issue, the other is not. Being required to notify an officer is NOT a 5th amendment issue. In fact it is the OPPOSITE of the 5th amendment. How exactly is saying somethimg that eliminates criminal liabilty a self-incrimination issue?

 

[~ZENAS~]

[QUOTE="MyWifeSaidYes]
Why give him any more info?

[/QUOTE]
Because he is not my enemy and we are fellowcitizens. I treat them like I would anyone else. I'm not on a warpath to assert my rights. I'm out here trying to live in the same society as the officers are. Sometimes that means letting some things go even if you feel you have the right.


I'm all for the rights we enjoy as americans, but I personally live by what the Apostle Paul said,"in honor preferring one another over ourselves." And I think our society would be better off if more people worried more about this than asserting their own rights.