Hmmm... that makes it tricky, doesn't it.bizarrenormality wrote:It doesn't say notification must be oral so handing over both licenses should count as written notice.
Oklahoma Traffic Stop
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Re: Oklahoma Traffic Stop
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Re: Oklahoma Traffic Stop
In both cases the next thing the officer asked me was "where is the weapon located".TrackinPat wrote:and in your limited experience with this encounter, how did said officer react?RoyGBiv wrote:1. Pull over in a safe spot.TrackinPat wrote:I'm having a hard time grasping how this encounter should go down, can someone please write a short scenario of how you would tell them in the beginning of a traffic stop?
2. Roll down windows (both sides), turn on dome light, both hands on top of steering wheel, hands empty.
3. Allow officer time to say hello. They will likely say something similar to "My name is officer Smith, do you know why I stopped you today?"
4. To which your reply should be.... "Officer Smith, I need to let you know that I have a carry permit and I am carrying a weapon today, let me know how you would like to proceed".
Then follow directions.
It really is that easy... In my limited experience.
First case, in NC, my gun was in the glove box on top of my insurance card (difficult to carry IWB in a bathing suit ). I told the officer (NCHP) and he asked me to move slowly and get the card. Wrote me a warning. Second case was in TX and gun was IWB. Officer said "please keep your hands away from the weapon and let me see your license and insurance" to which I said "do you need my CHL" and he said "no, thank you". I received a ticket the second time. Funny thing is that the ticket may have saved me from an accident a few weeks later. (long boring story, I'll spare you )
I was also a passenger in a car some time later when we were pulled over for doing +10 on I-45 through Ennis. It was nighttime. I asked the driver (no CHL) to roll down the windows and turn on the dome light. Officer approached from passenger side. After writing the ticket he said "thanks very much for the windows and the light, I appreciate it"... or something pretty close to that... I did not disclose CHL because I was not asked for ID. Honestly, I didn't think it was necessary at the time... If I was in OK, I believe as a passenger it would be necessary to declare CHL. I don't have any issue with that. It's their law. I assume that LE is used to having that happen.
In my limited experience, the LE folks are doing their job, just like you and me. If I can do a few small things to reduce their stress, that's a good thing and it may work in my favor. I have never had any experience with LE while carrying a gun that has been at all negative. If I ever did, I'd view it as their issue and not take it personally. I have a license, I'm doing nothing worse than a traffic violation, I'm not worried.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
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Re: Oklahoma Traffic Stop
Well sounds good to me! Did their eyes widen and jaw tighten when you told them? How did you deal with the "move slowly guy" obviously I'm assuming you moved slowly but was it an exaggerated slow and you has to sit like a statue the rest of the stop?
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Re: Oklahoma Traffic Stop
In both cases I could not see their reaction since they were behind my shoulder. On the "move slowly", I reached over, opened the glove box and sat back in my seat so he cold have a view. I had the gun hidden under a hand towel and told him so. He said "ok" and I got my insurance card out from underneath. I didn't move in slow motion, but, was careful not to grab any part of the gun. In both cases I did not detect any change in attitude or any additional stress. Just some basic verbal instructions to do what needed to be done. Nothing unexpected.TrackinPat wrote:Well sounds good to me! Did their eyes widen and jaw tighten when you told them? How did you deal with the "move slowly guy" obviously I'm assuming you moved slowly but was it an exaggerated slow and you has to sit like a statue the rest of the stop?
Honestly, I think the best thing you can do at a traffic stop is to realize you're busted, that while it's embarrassing and potentially costly, there's nothing you really need to worry about. What's done is done. Your gun is not in any way illegal and in my opinion, being relaxed, making it as easy as possible for the officer to do their job and get going, will work in your favor or at least not make things worse. Relax... It's not a problem. Acting all nervous, OTOH, raises flags, I bet.
One other example... I made the mistake of taking a job in NJ many years ago. A buddy came to visit from NC and brought his guns. Really, really bad idea, but he didn't discuss it with me beforehand. In the 2 years I lived there, the ONLY time LE drove past my house happened to be at the very moment my buddy was emptying his trunk and carrying his shotgun (in a soft case) into my house. There were 4 squads (8 officers) there in less than 5 minutes. (well.. it wasn't so funny at the moment).
They demanded ID from both of us (I debated telling them to bug off, but decided that it was a small enough issue I'd rather try to deescalate), asked a lot of questions, called in for instructions twice and ultimately decided that no laws were broken, since he was moving a long gun from his car 20 feet to my house. I thought at the time that because we were both very nonchalant about it, the LEO's were too... The officers that were first on the scene (driving by) were uptight for about 30 seconds, until they had control of the situation and were getting no resistance from us... then every new squad that showed up arrived with a MWAG-call demeanor for the first 10 seconds, until they realized that nothing was happening. We just stood there with our arms crossed. Two North Carolina boys wondering what all the fuss was about. Every time I see a story about a citizen getting sent to jail n NJ for their fly-paper gun laws I send it to him. We still get lots of laughs out of it. Bottom line is, I believe the fact that we were totally at ease with the fact that we were not doing anything wrong helped things go smoothly.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
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Re: Oklahoma Traffic Stop
Well thanks that actually makes a lot of sense and makes me feel better!RoyGBiv wrote:In both cases I could not see their reaction since they were behind my shoulder. On the "move slowly", I reached over, opened the glove box and sat back in my seat so he cold have a view. I had the gun hidden under a hand towel and told him so. He said "ok" and I got my insurance card out from underneath. I didn't move in slow motion, but, was careful not to grab any part of the gun. In both cases I did not detect any change in attitude or any additional stress. Just some basic verbal instructions to do what needed to be done. Nothing unexpected.TrackinPat wrote:Well sounds good to me! Did their eyes widen and jaw tighten when you told them? How did you deal with the "move slowly guy" obviously I'm assuming you moved slowly but was it an exaggerated slow and you has to sit like a statue the rest of the stop?
Honestly, I think the best thing you can do at a traffic stop is to realize you're busted, that while it's embarrassing and potentially costly, there's nothing you really need to worry about. What's done is done. Your gun is not in any way illegal and in my opinion, being relaxed, making it as easy as possible for the officer to do their job and get going, will work in your favor or at least not make things worse. Relax... It's not a problem. Acting all nervous, OTOH, raises flags, I bet.
One other example... I made the mistake of taking a job in NJ many years ago. A buddy came to visit from NC and brought his guns. Really, really bad idea, but he didn't discuss it with me beforehand. In the 2 years I lived there, the ONLY time LE drove past my house happened to be at the very moment my buddy was emptying his trunk and carrying his shotgun (in a soft case) into my house. There were 4 squads (8 officers) there in less than 5 minutes. (well.. it wasn't so funny at the moment).
They demanded ID from both of us (I debated telling them to bug off, but decided that it was a small enough issue I'd rather try to deescalate), asked a lot of questions, called in for instructions twice and ultimately decided that no laws were broken, since he was moving a long gun from his car 20 feet to my house. I thought at the time that because we were both very nonchalant about it, the LEO's were too... The officers that were first on the scene (driving by) were uptight for about 30 seconds, until they had control of the situation and were getting no resistance from us... then every new squad that showed up arrived with a MWAG-call demeanor for the first 10 seconds, until they realized that nothing was happening. We just stood there with our arms crossed. Two North Carolina boys wondering what all the fuss was about. Every time I see a story about a citizen getting sent to jail n NJ for their fly-paper gun laws I send it to him. We still get lots of laughs out of it. Bottom line is, I believe the fact that we were totally at ease with the fact that we were not doing anything wrong helped things go smoothly.
Re: Oklahoma Traffic Stop
I got pulled over for doing 40 in a 35 in Altus this past Spring. As soon as the cop passed me I knew I was busted. I showed my CHL and Dl. I told him I was in bit of a hurry to beat a storm looming on the horizon to the southwest. He was very respectful, handed me my IDs and even gave me an update on the weather.
Even if not required, I see it as a way of common courtesy. LEO have a lot of risks, anyway. I feel it's the least I can do.
Dreamer42
Even if not required, I see it as a way of common courtesy. LEO have a lot of risks, anyway. I feel it's the least I can do.
Dreamer42
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Re: Oklahoma Traffic Stop
I think it would be better just to hand over both DL and CHL and not to mention the word "weapon", that might provoke a tense response.
Re: Oklahoma Traffic Stop
I don't carry weapons, I carry tools (2 knives, gun and a few other items).HankHardisty wrote:I think it would be better just to hand over both DL and CHL and not to mention the word "weapon", that might provoke a tense response.
Re: Oklahoma Traffic Stop
from reading the previously quoted section of OK law, i wouldn't have come to this conclusion. could you elaborate?RoyGBiv wrote: If I was in OK, I believe as a passenger it would be necessary to declare CHL. I don't have any issue with that. It's their law.
i would think that if i'm a passenger in a vehicle being pulled over for a traffic violation i'm not being contacted unless LEO asks me for ID. i could be way off base though and maybe it would be better to self-ID.
Re: Oklahoma Traffic Stop
I've been stopped twice, both times in Carrollton.HankHardisty wrote:I think it would be better just to hand over both DL and CHL and not to mention the word "weapon", that might provoke a tense response.
When asked for ID, I gave the officer my license and CHL plus my proof of insurance.
He handed the CHL back and said "Thanks" or "I don't need this anymore"...nothing else.
No questions about where my pistol was located or anything.
Stop proceeded and I was on my way.
If the officer knows the law (and I expect them to), they understand getting the CHL at the first opportunity indicates the presence of a concealed handgun and a valid license holder. If they want more information, they can ask.
GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (a) If a license
holder is carrying a handgun on or about the license holder's person when
a magistrate or a peace officer demands that the license holder display
identification, the license holder shall display both the license holder's
driver's license or identification certificate issued by the department and
the license holder's handgun license.
The law doesn't say I have to tell him anything other than display of the license.
I'm sure some conversations will proceed from there to more specific information on location.
If you have to reach near the weapon while getting further information requested by the officer, then letting them know where the weapon is located is a really go idea. No need to get anyone jumpy at the wrong time.
I understand traffic stops are one of the most dangerous activities to conduct. No such thing as "routine".
Many times, your demeanor sets the tone for the entire stop; good or bad.
Just my $0.02.
LabRat
This is not legal advice.
People should be able to perform many functions; for others and for themselves. Specialization is for insects. — Robert Heinlein (Severe paraphrase)
People should be able to perform many functions; for others and for themselves. Specialization is for insects. — Robert Heinlein (Severe paraphrase)