Do You Have A Duty To Inform When Carrying Concealed?

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Do You Have A Duty To Inform When Carrying Concealed?

Postby newportri » Mon Aug 03, 2015 1:31 pm

I came across this article and thought it was interesting what they say about RI.
Rhode Island – Please DO!
Pursuant to statutes published by the Rhode Island Attorney General’s office, law enforcement can arrest you for having a firearm on you – even if you have not committed a crime.

They then site 11-47-28:
§ 11-47-28 Arrest and detention for possession of firearms.

Every officer authorized to make an arrest may, without complaint and warrant, arrest any person who has in his or her possession any firearm, whenever the officer has reasonable ground to suspect that the person possesses or is using or is carrying the firearm contrary to law. Any person so arrested may be detained a reasonable time, not exceeding twenty-four (24) hours, for the purpose of making an investigation concerning the person, but no person so arrested shall be detained longer than twenty-four (24) hours without complaint being made against him or her before some proper court or justice. If the officer making the arrest shall at any time within the twenty-four (24) hours satisfy himself or herself that there is no ground for making a criminal complaint against the person, he or she shall thereupon be discharged from custody.

First of all I don't know why they are saying you have to inform LEO if you are CCW since we are clearly NOT required to do this, but perhaps they have a poor understanding of Rhode Island law and especially 11-47-28. Even if you do inform them, they could still arrest you while they verify that your permit is valid since many LEO does not understand the laws with respect to CCW and especially restrictions. Because of 11-47-28 I think there is more of a reason NOT to inform them if you are legally CCW.
http://concealednation.org/2015/07/do-you-have-a-duty-to-inform-when-carrying-concealed-we-look-at-all-50-states-for-the-answers/#RI
....the right to keep and bear arms, shall not be infringed.
Check out our website here:
http://www.rifol.org/
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Re: Do You Have A Duty To Inform When Carrying Concealed?

Postby Thib » Mon Aug 03, 2015 3:04 pm

I saw this about a week back and had the same thoughts as you. I meant to post it, but forgot. Glad you are on top of things...
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Re: Do You Have A Duty To Inform When Carrying Concealed?

Postby newportri » Mon Aug 03, 2015 5:09 pm

I am sure some of you have also seen some youtube videos of what can happen when you try to follow the law and inform LEO. In one case the permit holder was held at gun point and the officer threatened to execute the poor guy..
....the right to keep and bear arms, shall not be infringed.
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Re: Do You Have A Duty To Inform When Carrying Concealed?

Postby RImike » Wed Aug 05, 2015 12:11 am

the officer has reasonable ground to suspect that the person possesses or is using or is carrying the firearm contrary to law
.

I guess LEO's don't understand the word "contrary" properly then.
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Re: Do You Have A Duty To Inform When Carrying Concealed?

Postby MasterGuns2077 » Sat Oct 10, 2015 1:50 pm

I've been wondering about this. I too read that article that was cited above. I do my best to not get pulled over, but in the even that I am I wonder what is required of me. When I conduct vessel boardings we always ask if there are any weapons on board. If the person says there aren't but we find a weapon, or see them carrying one, we're trained to see that as a threat to our safety and act accordingly. If they say they are armed we usually just check their permit. However, to my knowledge there is no duty to inform in federal waters, but lying to us generates quite a bit of suspicion.
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Re: Do You Have A Duty To Inform When Carrying Concealed?

Postby newportri » Sat Oct 10, 2015 9:17 pm

Are you coastguard? I believe you have more authority when it comes to this than local police.
No one should lie to the police either if asked, but can say that you would rather not answer the question. If further questioned, request the law that require you to answer the question.
....the right to keep and bear arms, shall not be infringed.
Check out our website here:
http://www.rifol.org/
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Re: Do You Have A Duty To Inform When Carrying Concealed?

Postby MasterGuns2077 » Mon Oct 12, 2015 2:36 pm

We have piles of authority, but when I think back to my training when we were going over the weapons question, there is no specific requirement that we are informed if someone is carrying or has a weapon on board, however if they lie to us deliberately it's gonna make the boarding take a lot longer. The difference between us and your local PD is we have to run a lot of our enforcement decisions up to CG Legal, so before we conduct an investigation it takes a phone call or two.
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