Question on concealed carry.

**Silentwind** · April 6th, 2012, 07:37 AM

If a car is stopped, say in Ohio where notifying the officer you are carrying is required does it apply to everyone in the car or just the driver? Does an officer disarm the driver before going any further & how would that work out with six armed individuals, would the officer call backup? Maybe this is a silly question.

**mbinpa** · April 6th, 2012, 08:42 AM

Wow, that's a good question. It is my understanding that the LEO's interactions are with the driver unless specifically addressing the passenger, but I can see where he would want to know if a passenger was carrying. We are not obligated to inform in PA so I never thought about it. I guess it would take reading the OH laws.

**ByblosHex** · April 6th, 2012, 08:54 AM

Read the OH 'must inform' statute. As for if the drivers is disarmed that would probably depend on department specific procedure.

I'm not a lawyer or a superhero and this is not legal advice.

**PA1936MN** · April 6th, 2012, 08:54 AM

That's a very good question and a right answer is much appreciated.

**SteveinNEPA** · April 6th, 2012, 12:39 PM

Given time one of our members who can carry in OH will most likely chime in and give their answer. Until then, look up the OH laws regarding duty to inform.

**Silentwind** · April 6th, 2012, 02:25 PM

I just reviewed the Ohio Informed Law and it states the driver or occupant so it is not just the driver. It also pertains to any employee of a motor carrier enforcement bureau and that would be a weight station or inspection stop for tractor trailers. Further reaching than I envisioned. If I was an officer checking a car with a number of armed passengers I would be concerned disarming them without a number of officers present. That is why I am not police officer material.

**jtwalker** · April 6th, 2012, 02:51 PM

Originally Posted by Silentwind

I just reviewed the Ohio Informed Law and it states the driver or occupant so it is not just the driver. It also pertains to any employee of a motor carrier enforcement bureau and that would be a weight station or inspection stop for tractor trailers. Further reaching than I envisioned. If I was an officer checking a car with a number of armed passengers I would be concerned disarming them without a number of officers present. That is why I am not police officer material.

Disarming driver/occupants is just a feel-good move anyway. If the person informs the LEO, then he/she probably had no ill will intended. If the person had bad intentions towards the LEO or was breaking the law to have the firearm, then he/she would not have informed even if the law stated they had a duty to do so.

**tl_3237** · April 6th, 2012, 05:34 PM

OP has already synopsized but for those interested:

Ohio Revised Code 2923.16 Improperly handling firearms in a motor vehicle.

(E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following :

(1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle;

(2) Fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the commercial motor vehicle;

(3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;

(4) Knowingly have contact with the loaded handgun by touching it with the person’s hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer;

(5) Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.