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Duty To Inform
The recent thread discussing the "Attorney Shield" application and a recent video I watched on Youtube
caused me to lookup what the "duty to inform" requirements are in my state when a person carries a firearm in their car or on their person.
We've had discussions in this forum about this in other threads, but a couple of members who are head strong with their words
in this forum may have lead others to believe that what they will do in a duty to inform situation applies to everyone. It does not.
And, folks need to be aware of their own state's law as well as local laws when carrying a legally concealed firearm.
Likewise, there's been numerous discussions about the merits of serializing an 80% firearm where duty to inform may have come up.
But to my knowledge, there's been no definitive thread with the principle topic of one's "Duty To Inform" requirements.
Due to state law changes here, I feel this topic is a very important matter which caused me to bring this up again here in the forum. Particularly, if you're carrying an un-serialized 80% frame.
With this in mind, I have two links further down in this post. The first is a decent video by the Armed Attorneys covering how you might inform an officer that you're carrying when pulled over in a traffic stop. The second is a link to the states
that have "duty to inform" laws.
I would encourage you to not just use the chart in the 2nd link for your only reference and instead look at your state's laws. There are numerous states that have passed constitutional carry laws over the past couple of years and each will have it's own requirements. My state recently made changes to the law with constitutional carry and other things, so the newer legal requirements differ somewhat from the information in the second link below.
I feel this topic is very important and maybe it should be a sticky thread somewhere and hopefully folks will have some good
input about it. Given the crack down on 80% firearms during the Biden administration, I think we all want to minimize
conflicts with the police in minor infractions of the law like traffic stops.
1. Armed Attorneys: Surviving a Traffic Stop While Carrying: Literally and Legally
View: https://www.youtube.com/watch?v=B8Th0zrwbNQ
2. Two sources showing "Duty To Inform" laws
The recent thread discussing the "Attorney Shield" application and a recent video I watched on Youtube
caused me to lookup what the "duty to inform" requirements are in my state when a person carries a firearm in their car or on their person.
We've had discussions in this forum about this in other threads, but a couple of members who are head strong with their words
in this forum may have lead others to believe that what they will do in a duty to inform situation applies to everyone. It does not.
And, folks need to be aware of their own state's law as well as local laws when carrying a legally concealed firearm.
Likewise, there's been numerous discussions about the merits of serializing an 80% firearm where duty to inform may have come up.
But to my knowledge, there's been no definitive thread with the principle topic of one's "Duty To Inform" requirements.
Due to state law changes here, I feel this topic is a very important matter which caused me to bring this up again here in the forum. Particularly, if you're carrying an un-serialized 80% frame.
With this in mind, I have two links further down in this post. The first is a decent video by the Armed Attorneys covering how you might inform an officer that you're carrying when pulled over in a traffic stop. The second is a link to the states
that have "duty to inform" laws.
I would encourage you to not just use the chart in the 2nd link for your only reference and instead look at your state's laws. There are numerous states that have passed constitutional carry laws over the past couple of years and each will have it's own requirements. My state recently made changes to the law with constitutional carry and other things, so the newer legal requirements differ somewhat from the information in the second link below.
I feel this topic is very important and maybe it should be a sticky thread somewhere and hopefully folks will have some good
input about it. Given the crack down on 80% firearms during the Biden administration, I think we all want to minimize
conflicts with the police in minor infractions of the law like traffic stops.
1. Armed Attorneys: Surviving a Traffic Stop While Carrying: Literally and Legally
View: https://www.youtube.com/watch?v=B8Th0zrwbNQ
2. Two sources showing "Duty To Inform" laws
Duty To Inform & Police Encounters - A State by State Legal Guide
Duty to Inform states mean you must inform an officer if you have a firearm. Follow these steps when informing an officer of a firearm.
legalheat.com
Duty To Inform States:
In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession. The below interactive map has a 50 state summary of all 50 state’s police encounter laws. However, as a quick reference the duty to inform states are as follows:- Alaska (Alaska Stat. Ann. §11.61.220)
- Arkansas (Ark Admin. Code 130.00.8-3-2(b))
- Louisiana (La. Stat. Ann. § 40:1379.3(I)(2))
- Maine: (Permit holders have a quasi duty, non permit holders have full duty to inform).
- Michigan (MCL 28.425f(3))
- Nebraska (Neb. Rev. Stat. §69-2440)
- North Carolina (N.C. Gen. Stat. Ann. §14-415.11)
- South Carolina (§23-31-215)
- Texas (§411.205)
- Washington D.C. (Title 7 Subtitle J Chpt. 25 § 7-2509.04)
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