dthardy writes: > A friend and fellow atty has a case on the following facts, and any > thoughts or case law (unlikely) would be appreciated.
Perhpas there is relevant case law from other areas. > State law requires a licensed carrier of a concealed weapon who is > stopped by an officer to so "inform" the officer of his firearm. > > Defendant was stopped for a minor traffic infraction. Reasoning that > "I have a gun!" might be unduly exciting to the officer, he handed him > his driver's license and his concealed carry license. Wouldn't this count as informing by communication in writing? > The officer ascertained that he had a weapon and proceeded to cite > him for failure to "inform" the officer of such. This might be minor > except that if convicted his permit will be revoked. I'd hope that there would be case law, perhaps in other areas, to the effect that communication in writing is adequate, and perhaps preferred over oral communication. (I'm assuming that the concealed carry license was handed over promptly.) As an analogy, if a traffic officer asks a driver, "Do you have a license?" - the preferred response is to hand the license to the officer, not to sit still and say, "Yes." -- --henry schaffer Disclaimer: IANAL _______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
