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View Full Version : DE Drops NM - - New Format for WA --- Seeking Assistance


Gary Slider
May 17, 2012, 07:59 PM
Delaware has dropped New Mexico from the list of states it honors. NM has not add/removed any states from the list of states it honors in over three weeks now.

Washington State Dept of Licensing Firearms Unit is going to a different format for their CPL. It will be more the size of a Drivers license to make it easier to carry. www.handgunlaw.us is very interested in obtaining an image of the new Washington CPL. Now if we can get Washington to honor more states!

Nevada has made it official. They will start honoring South Carolina July 1, 2012
http://nvrepository.state.nv.us/Docs/2012-05-09_CCW_Recognition2012.pdf

Handgunlaw.us is adding “Must Inform Officer” Section to every state page. This section will give the law on must display on demand etc if a state has such a law. The states that have a law stating you must inform right away already have that information. Many people don’t realize that some states require that you must inform the officer right away that you have a permit/license and must inform them upon contact. Some are reading, “Must Inform Officer” NO and thinking you don’t have to ever tell them you have a firearm or present your Permit/License if ask. This is mainly new carries who have not been exposed to all the ins and outs of carrying in the different states. I am having difficulty finding anything for AL, CA, DE, GA, HI, ID, MA NH, NJ, RI and UT laws stating you must carry and display your permit/license. Any assistance would be appreciated with these states if you have any information.

Al Norris
May 17, 2012, 11:10 PM
Idaho:

See: http://www.legislature.idaho.gov/idstat/Title18/T18CH33SECT18-3302.htm

Idaho Stautes 18-3302 (12) The requirement to secure a license to carry a concealed weapon under this section shall not apply to the following persons:
(g) Any person who has a valid permit from a state or local law enforcement agency or court authorizing him to carry a concealed weapon. A permit issued in another state will only be considered valid if the permit is in the licensee's physical possession.

While I can't quote the actual case law, this has meant resident license holders, as well as non-resident or other out of State license/permits.

There is no statutory duty to inform.

Gary Slider
May 18, 2012, 07:29 AM
Al, Thank you. I looked at Idaho twice and didn't see that. But I have to say that most states I could find by searching their law and it would pop right out when searching for words like, "Display" "Demand". Then the ones that didn't I would scan their laws looking for it. Thank you Again.

Don H
May 18, 2012, 09:25 AM
Utah.

53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification for concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure.
(1) (a) The bureau shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days after receiving an application, unless the bureau finds proof that the applicant does not meet the qualifications set forth in Subsection (2).
(b) The permit is valid throughout the state for five years, without restriction, except as otherwise provided by Section 53-5-710.
(c) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to a person issued a permit under Subsection (1)(a).

http://le.utah.gov/~code/TITLE53/htm/53_05_070400.htm

The portion of 53-5-704 that I quoted only requires that a person be issued a permit to legally carry concealed. Utah code is silent on whether the permit must be on one's person while carrying, unlike the vehicle code that requires a driver's license be in one's immediate physical possession while driving. I have read on a local CCW board that BCI has advised new permitees that they can legally carry now that their permit has been issued but not yet received in the mail. Permit status can be checked by Utah police officers via their on-board computer or via dispatcher.

EDITED TO ADD: The administrative regulation requiring a permitee to inform an officer under certain conditions was allowed to expire. BCI explains this nuance on its FAQ page:
If I get stopped by a police officer, do I, as a permit holder, have to tell the officer that I have a gun in my possession?

Although there is no legal requirement to identify yourself to a law enforcement officer, it is recommended to do so.

If an officer finds or sees a gun on your person during their contact with you, and you have not identified yourself as a permit holder in legal possession of a firearm, the officer may assume you are carrying the gun illegally and may take defensive action. For the safety of all involved, it is recommended to immediately identify yourself to the officer as a permit holder in possession of a handgun. This action gives the officer some assurance they are most likely dealing with a law abiding citizen.

http://publicsafety.utah.gov/bci/FAQ.html#2

Note that BCI only suggests that a permit holder "identify" oneself as a permit holder and doesn't suggest that the permit holder show or display his permit to the officer.

Gary Slider
May 20, 2012, 08:06 PM
Don, That is what I figured that there was noting in UT law saying you had to carry it or present it if ask. I think a few other states are like that. Was surprised that I could find nothing in UT law as they seem to cover everything so well and their FAQ's are quit good. Thanks for the info. Much Appreciated.

Don H
May 20, 2012, 08:30 PM
Glad to be of help, Gary!

Bear River
May 20, 2012, 09:10 PM
Wyoming residents can carry concealed without a CCW. I don't think you have to inform the LEO that you are armed.

Gary Slider
May 20, 2012, 09:40 PM
Citizens of WY can. They have to be residents for 6 months though before they can under the law. By law they don't have to inform. But looking for something in their law that states they must carry their permit/license.