Utah Guns Forum banner
1 - 11 of 11 Posts

· Registered
Joined
·
694 Posts
Discussion Starter · #1 ·
On the way home from Walgreen's in American Fork we were involved in an accident. A girl in a Toyota Carola pulled out in front of me. Since the roads were wet I was only able to slow down. Any who, there was two officers that responded. One was about 5 or 6 cars back behind me so he stopped and had us move out of the road. We got off the road and as he was handing us the information forms I informed him that I have a CFP and that I was armed. He asked Is it in your truck or on you. I told him it was on me. He said thanks and went on with what he was telling me. The second officer was dispatched by 911 came and took over the scene. The first officer went and handled a second accident in the same spot as mine. I informed the second officer and he said thanks and went on with what he was doing. All in all it went smooth except for the girls car got the worst end of the deal between her car and my 01 ford f250.

Maze
 

· Registered
Joined
·
65 Posts
I'm glad you had a good experience. I've had to inform an LEO of my CFP status on two occasions, and it went much the same way--they basically said thanks, but then went on with their duties. I'm not sure in your case that you were required to inform them, but I suppose it doesn't hurt as well because they probably ran your driver's license and would have found out anyway.
 

· Registered
Joined
·
33 Posts
I could be wrong, I am by no means a legal expert, but aren't we supposed to inform officers when we have contact with them.

R724-4-[13]14. Requirement to Notify Peace Officer When Stopped.

When a concealed firearm permit holder or certificate of qualification holder is stopped for questioning by a peace officer based on reasonable suspicion in accordance with Section 77-7-15 and the holder has a concealed firearm in his/her possession, Subsections 53-5-704(2)(a) through [(g)](h); and the holder shall immediately advise the peace officer that he/she is a lawful holder and has a concealed firearm in his/her possession.


I understand that this is just a traffic incident and that he was not stopped for questioning per se, but I always thought if then came up to you, you should inform them. Can someone clarify?
 

· Registered
Joined
·
65 Posts
Sup3D said:
I understand that this is just a traffic incident and that he was not stopped for questioning per se, but I always thought if then came up to you, you should inform them. Can someone clarify?
Legally, according to the rule you quoted and 77-7-15, you only have to notify an officer under the following circumstances:

"A peace officer may stop any person in a public place when he has a reasonable suspicion to believe he has committed or is in the act of committing or is attempting to commit a public offense..."

So I suppose it would all depend on the definition of "public offense" (i.e., does a traffic violation count?) and whether the officer believed you were at fault in the accident. I suppose it wouldn't be a bad idea to inform the responding officer because they'll find out when they run your driver's license anyway, but I guess you're right, it's not 100% clear whether you're legally required to do so.
 

· Premium Member
Joined
·
3,725 Posts
Legally you probably didn't have to in your situation / circumstance. The debate revolves around the legalesse "stopped for questioning by a peace officer based on reasonable suspicion." I don't know how the court has defined this and don't really care to find out. I also don't want to have to be the person that the courts use to help define that law. In other words I plan on telling them I am legally carrying a concealed handgun if I am ever stopped or questioned for anything by the police.

I don't understand why you wouldn't notify the police in most cicumstances. Maybe you aren't legally required too, but why would you not tell them? In my opinion it doesn't hurt anything telling them and sure could save you a world of hassles....

-PW
 

· Registered
Joined
·
1,323 Posts
PW said:
Legally you probably didn't have to in your situation / circumstance. The debate revolves around the legalesse "stopped for questioning by a peace officer based on reasonable suspicion." I don't know how the court has defined this and don't really care to find out. I also don't want to have to be the person that the courts use to help define that law. In other words I plan on telling them I am legally carrying a concealed handgun if I am ever stopped or questioned for anything by the police.

I don't understand why you wouldn't notify the police in most cicumstances. Maybe you aren't legally required too, but why would you not tell them? In my opinion it doesn't hurt anything telling them and sure could save you a world of hassles....

-PW
It may help.

One time I was asked to leave an area that had been posted and closed to shooting.

I think my permit kept me from getting not one but 2 citations.

Tarzan
 

· Registered
Joined
·
3,180 Posts
I am glad it went well for you. Most officers in this state are pretty good about things when it comes to concealed carry. I have only ever had one bad experience and that was when I wasn't carrying, but that is another story. As long as you and the other people were not injured I would say the whole experience was good, it could have been worse, so I would say we are glad you weren't harmed in the accident.
 

· Registered
Joined
·
1,317 Posts
The posts by Sup3D and Udink above sum things up legally. You only have to inform of your CFP when you are, "stopped for questioning by a peace officer based on reasonable suspicion" and 'reasonable suspicion' means he/she thinks you've broken a law.

Still a bit of interpretation there. I'd only tell them if I thought they were going to run my drivers license, frisk me, or otherwise could detect I have a weapon. Otherwise, there's no need for them or anyone else to know.
 
1 - 11 of 11 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top