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The Duty To Inform Explained

One of the laws that concealed carriers need to be aware of is the duty to inform, which is one of those regulations that exists in some states but not in others. The gist of it is that you have a legal duty to inform a police officer that you are armed upon making contact.

However, this is only a legal requirement in the duty to inform states.

We'll go over how duty to inform laws work, as well as which states have a duty to inform law. We'll also go over what you may be required to do outside of the duty to inform states, as there are some close variations on the theme, so to speak, in other states as well. This is vital information to have in case you ever interact with police while carrying concealed so it behooves you to have a grasp on it. Bear in mind that this isn't legal advice, but a discussion of publicly available information.

Continue reading at: Duty To Inform States: What You Need To Know - Alien Gear Holsters Blog
 

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This article claims that Texas is a duty to inform state. However, it nor the linked article state which one of the three types or the Texas Penal, Transportation, or Governmental Codes involved.

Texas Government Code 411.205 (REQUIREMENT TO DISPLAY LICENSE) states you must provide your driver's license and permit if asked by a peace officer or magistrate. However, it does not contain a penalty for failure to comply. Texas Penal Code 38.02 (FAILURE TO IDENTIFY) only requires that you provide your name, address, and date of birth if you have been lawfully arrested. Both of these are consistent with the 4th amendment of the U.S. constitution and case law (https://goo.gl/DhfwiU). As such, Texas is NOT a duty to inform state

Because your LTC is issued by the Texas Department of Public Safety and is tied to your driver's license, an officer that has run your license plate will know you have an LTC.

Please consider clarifying the article.
 

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This article claims that Texas is a duty to inform state. However, it nor the linked article state which one of the three types or the Texas Penal, Transportation, or Governmental Codes involved.

Texas Government Code 411.205 (REQUIREMENT TO DISPLAY LICENSE) states you must provide your driver's license and permit if asked by a peace officer or magistrate. However, it does not contain a penalty for failure to comply. Texas Penal Code 38.02 (FAILURE TO IDENTIFY) only requires that you provide your name, address, and date of birth if you have been lawfully arrested. Both of these are consistent with the 4th amendment of the U.S. constitution and case law (https://goo.gl/DhfwiU). As such, Texas is NOT a duty to inform state

Because your LTC is issued by the Texas Department of Public Safety and is tied to your driver's license, an officer that has run your license plate will know you have an LTC.

Please consider clarifying the article.
My understanding in Texas is it is the Law that if carrying and asked for ID you must present both ID and Carry permit. While their is no penalty for not doing so the law still says you must. Being a law abiding citizen would it not be correct to say you are required to? Grant it has been a couple years since I have been to Texas so my memory may be a little unclear on this.
 

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Because your LTC is issued by the Texas Department of Public Safety and is tied to your driver's license, an officer that has run your license plate will know you have an LTC.

Please consider clarifying the article.
When the plate is run, an officer can only run the registered owners Driver License, which may or may not be the driver. There is no connection to the plate itself.
 

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I made it to the part about the Buffalo Bills... So now we know the writer is full of cr*p. :wink:
 

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My understanding in Texas is it is the Law that if carrying and asked for ID you must present both ID and Carry permit. While their is no penalty for not doing so the law still says you must. Being a law abiding citizen would it not be correct to say you are required to? Grant it has been a couple years since I have been to Texas so my memory may be a little unclear on this.
As I mentioned, TPC 411.205 states that you must provide your TDL and LTC upon request by a LEO or magistrate, but it does not have a penalty for failure to comply. The reason the penalty was removed was because the law was unconstitutional. The bill that removed the penalty just didn't include all of the necessary cleanup.

Here is a good breakdown:

https://goo.gl/DhfwiU
 
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When the plate is run, an officer can only run the registered owners Driver License, which may or may not be the driver. There is no connection to the plate itself.
I agree. The scenario I was describing was for a LTC holder that is driving their own registered vehicle. In that case, the license plate is tied to the owners TDL which is tied to their LTC.

In the end it is best practice to inform the officer you are carrying and ask them how they want to proceed.
 

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As I mentioned, TPC 411.205 states that you must provide your TDL and LTC upon request by a LEO or magistrate, but it does not have a penalty for failure to comply. The reason the penalty was removed was because the law was unconstitutional. The bill that removed the penalty just didn't include all of the necessary cleanup.

Here is a good breakdown:

https://goo.gl/DhfwiU
I read the link from the 1st post you made and took that only as identifying yourself to police and nothing related to Concealed Carry. Any way I understand what you are saying regarding the whole thing, I guess in my opinion technically it is still a law with no teeth.

I hope they get it off the books to make it more clear.
 
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I'm an inform type of person myself even though I don't have to in Florida. I just simply hand my CWL over on top of my DL so they see it first. I have been pulled over 4 times since I had my CWL and have received a mixed response from LEO.

Before people criticize my driving 3 of the times I got pulled over I was not in the wrong. The other was a speed limit change in an area that I drive through all the time, I did not realize they dropped the speed limit from 55 to 45 and I got clocked going 56. Officer said it was an issue with DOT and the road not being 2" widen enough so the limit changed to 45 a few days ago. He gave me a verbal warning and I was good to go.
 
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I read the link from the 1st post you made and took that only as identifying yourself to police and nothing related to Concealed Carry. Any way I understand what you are saying regarding the whole thing, I guess in my opinion technically it is still a law with no teeth.

I hope they get it off the books to make it more clear.
My understanding is the same as yours, it is a law, but there is no punishment for not obeying it.

I would love to see the duty to inform go away, there is no reason a cop needs no know if someone is carrying, none.
 

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Poll:

Can a law that has no punishment actually be a law? Can a law be a law if it is unconstitutional? If so, then why is jury nullification legal?
 

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I agree with FKL on this one. It is the same thing to me as when I am pulled over at night.

Before the officer even gets out of his car, I have my interior lights on in my car, my drivers license, car registration, proof of insurance and carry permit are in my left hand, my hands are on the steering wheel near the top (plainly visible) and my driver side window is down. When the officer approaches my window, I hand him everything in my left hand and inform him that I am licensed to carry and that the weapon is on my person and where it is located.

WHY?

I put myself in the officer's place and do everything I can to make it clear I am not a threat.

I do the same thing in the daytime. I just don't turn on the interior lights.

I don't think Alabama is a "duty to inform" State, but for safety reasons, mine and the officer's, it just makes good sense to proceed this way.

Just my 2¢ on the subject.
 

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I do something similar. I put my emergency lights on, pull over to the safest area (if possible into a well lite area of a parking lot) and park, I turn on my cabin and bed lights, roll down my driver's side window all of the way, turn my truck off & put my keys on the dash, put my hands on the wheel and wait for the officer to make contact. I don't reach for any paperwork in advance. I explain that I am carrying, where it is located, and ask how they would like me to proceed. I look them in the eye, respond politely, and take action once the forward plan is clear to both of us.

I have done this for years. The only thing that changed when I got my CHL (now LTC) is I inform them whether or not I am carrying and I hand them my LTC along with my TDL.
 
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I do something similar. I put my emergency lights on, pull over to the safest area (if possible into a well lite area of a parking lot) and park, I turn on my cabin and bed lights, roll down my driver's side window all of the way, turn my truck off & put my keys on the dash, put my hands on the wheel and wait for the officer to make contact. I don't reach for any paperwork in advance. I explain that I am carrying, where it is located, and ask how they would like me to proceed. I look them in the eye, respond politely, and take action once the forward plan is clear to both of us.

I have done this for years. The only thing that changed when I got my CHL (now LTC) is I inform them whether or not I am carrying and I hand them my LTC along with my TDL.
I did forget to say that I turn off my ignition. I do usually leave the keys in, though. Just a little "common sense" goes a long way to keep things on a polite and professional, and safe level on both ends.
 

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In any traffic stop, attitude is everything. Don't ask me how I know.:D
 
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Do folks think that a legally permitted individual likely gets off without penalty just because legal carriers are seen as more law abiding? Just curious.
I’ve been pulled over just once since I got my permit. It was in broad daylight and I informed the officer right away that there was a loaded firearm on my person. He wasn’t fazed at all. Said, just keep it where it is. Ran my docs, and sent me on my way with just a warning.

I think they appreciate cooperation and also appreciate that you aren’t a threat to their safety.

I walked up to a truck with three guys just yesterday to get a push out of snow. We all admitted that we were all a bit scared when I knocked on their window. It was dark.


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Well I know in Virginia there is no duty to inform. I don't know about the nuances and this article chose to ignore my state lol. My plan is to not inform unless for some reason I need to exit the vehicle then I would tell them as a courtesy. That said I've only been stopped once since I started carrying. In that case he saw my carry permit when I opened my wallet to get my license. He asked if I armed and I told him yes I had a 9 on my hip. He said okay and went back to run my license. Came back, let me off with a warning for speeding and was on his way.
 
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