I was reviewing the MI page at handgunlaw.us and found this under the Duty to Inform Section:Q: If I get pulled over by the police while I am lawfully carrying a concealed pistol, is it considered sufficient notice to hand over my Concealed Pistol License (CPL) with my Driver's License?A:Maybe not.MCL 28.425f(3) states: "An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle." The penalty for a first offense includes a $100 fine, and a CPL suspension of up to six months.In one recent case, the driver handed his CPL over to the officer who stopped him. He did this because he had been told by a reliable source (an experienced police officer from another jurisdiction) that it is considered dangerous to use the word "gun" when talking to an officer on the road side since officers yell, "Gun!" to one another when a dangerous person displays a firearm. The driver was ticketed for the non-disclosure. In subsequent trial, the dashboard video camera record showed that it was approximately 40 seconds after the officer arrived at the driver's window that the driver verbally disclosed his concealed pistol.The court found that the simple act of handing over the CPL was not adequate disclosure and that the 40-second delay before verbally disclosing was not "immediate disclosure."I find this ruling problematic in that the officer was given WRITTEN NOTICE that the person was carrying a firearm legally. But the court says you must make a verbal statement for it to be considered disclosure.What fucking mental gymnastics did the judge have to do to come to that conclusion? Sadly, they don't provide the reference to the case so I can't look for details.Regardless, this is something to be aware of as while it is a MI ruling it's possible other states would rule the same way. I've always been of the opinion that handing over the permit with the Driver's license is the best way to proceed. Apparently not in MI.This is, similar to, but not the same as, the requirement that you must affirmatively state that you are exercising your 5th amendment right to remain silent and, if you don't, your silence can be used against you in court.So, if you're in a duty to inform state, I suggest handing over your permit with your DL immediately and then also verbally stating that you have a concealed firearm license.If you are unable to get your license/permit out right away, while keeping your hands at 10 and 2 make the verbal statement and ask how the officer wants to proceed. NOTE that a 40 second delay was considered not disclosing. via /r/CCW https://ift.tt/38IViBF
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