Duty to inform? - California Counties and Municipalities: Add your IA's policy

[adamjay]

Recent threads have me thinking - different counties and even municipalities within California have different policies on a CCW permitee's Duty to Inform law enforcement when that CCW permittee is carrying and interacting with law enforcement officers. I'm wondering if anyone has a list or can point us to one. I've searched but have been unable to find it.

I'm not asking for opinions on whether you should or should not inform, just the laws/ policies.

On the same topic, are there other requirements or restrictions across counties and municipalities that we need to be aware of?

I did find this article of July 2015, which outlines policies throughout the 50 states. These laws change so frequently, I would double check before taking it as absolute truth, but here it is:

http://www.usacarry.com/duty-to-inform-laws/

[Librarian]

It's a decent idea to create such a list.

It would be 'neater' if you had a way to document such a policy, but it may be the case all you have is 'that's what they told me'.

'Across county' would necessarily be State; that's principally Penal Code, and the PC for CCW is in a sticky in this forum.

List of counties:

Alameda
Alpine
Amador

Butte

Calaveras -- jimsu, no duty to inform.
Colusa
Contra Costa -- vandal, INFORM

Del Norte

El Dorado -- ElDub1950, no duty to inform

Fresno -- FresnoRob, INFORM

Glenn

Humboldt -- LeadFarmer74, INFORM

Imperial
Inyo

Kern -- leadstorm, not clear; islanderman7 INFORM
Kings

Lake
Lassen
Los Angeles

Madera
Marin
Mariposa
Mendocino -- adamj, no duty to inform
Merced
Modoc
Mono
Monterey

Napa
Nevada

Orange -- robert101, INFORM

Placer -- TempleKnight, INFORM
Plumas

Riverside -- GuyFawkes, no

Sacramento -- SactoJohn, INFORM
San Benito
San Bernardino
San Diego -- (yeah, as if #2 ...)
San Francisco -- (yeah, as if ...)
San Joaquin -- 3lsmc7, INFORM
San Luis Obispo -- RumT, no duty to inform
San Mateo
Santa Barbara
Santa Clara
Santa Cruz
Shasta -- Afterimage, INFORM
Sierra
Siskiyou
Solano -- jlbflyboy172, no duty to inform advised.
Sonoma
Stanislaus -- Slixxster, INFORM
Sutter

Tehama
Trinity
Tulare -- v.kevin, no duty to inform
Tuolumne

Ventura -- baggss, INFORM on request by LE

Yolo
Yuba

As a later poster points out -- this is a policy from your issuing agency; doesn't matter where you are that you might have a LE contact, you follow what your IA requires. That includes cities within counties - if you have a CCW from a city IA whose policy differs from the county IA where that city is located, you follow the city IA policy.

[slayer61]

Originally Posted by Librarian

It's a decent idea to create such a list.

It would be 'neater' if you had a way to document such a policy, but it may be the case all you have is 'that's what they told me'.

'Across county' would necessarily be State; that's principally Penal Code, and the PC for CCW is in a sticky in this forum.

My CCW instructor told me that i'm not required to notify here in San Joaquin county.

[adamjay]

Great idea, Librarian, I was hoping you'd pick this up.

Mendocino County - NO duty to inform.
However, our beloved pro 2A sheriff would appreciate it if you would.

No documentation available - info from instructors.

[leadstorm]

Kern:

-My initial CCW instructor said no duty, and he'd recommend we do not (he was retired LAPD). My initial permit was straight from KCSO headquarters and it never came up at that time.
-My renewal instructor said we'd have to sign a memo that said we'd always inform upon contact, but that it was an un-issued draft memo that the local substation had gotten a hold of and was pushing as policy. I did have to sign such a copy on my first and second renewals.
-Nothing regarding duty-to-inform is printed on the permit itself.
-One KCSO deputy I know says he doesn't really care and hasn't been informed of any official policy within the department.

Clear as mud?

[FresnoRob]

Fresno County Sheriff:
CCW Instructor said no duty to inform.

Fresno PD:
CCW Instructor said inform.

[jlbflyboy172]

Solano County - was not told I had to inform. Have been stopped by police (traffic) and did inform. The officer made a point to thank me and stated he appreciated it. That was just one officer, so for what ever it is worth.

[R Dale]

IMO if you have a CCW issued by one of the counties that require you to inform then you should no matter what jurisdiction you may be stopped in. OTOH if your IA does not require it then why worry about it because its impossible to know all the laws for every jurisdiction in a a state. I think if you wear your Firearm in a manner it may be seen from someone outside of the car or you are asked to exit the car then it would probably be a good idea to inform or at least thats the way I would handle it.

[Nor*Cal]

I can confirm that San Joaquin does NOT have a written policy stating that you must disclose.

And from reading the DUI Checkpoint thread, the following counties DO have a duty to disclose policy:

Orange - you must disclose
Placer - you must disclose
Sacramento - you must disclose
San Bernardino - you must disclose

[baggss]

No requirement to inform in Ventura County that I am aware of. Came up in CCW class and the answer was "no", but recommended doing it anyhow. No written policy on the VCSD web site.

EDIT/CORRECTION: From the VCSD Web Site:

Originally Posted by VCSD CCW LICENSE ISSUANCE, GENERAL CONDITIONS, RESTRICTIONS

d. PHASE FOUR - LICENSE ISSUANCE, GENERAL CONDITIONS, RESTRICTIONS
...

iii. The VCSO will also issue a CCW ID hard card as an additional identification for the licensee. The licensee is required to carry either the license or ID card on their person at all times when they are carrying an approved concealed firearm. The applicant shall retain both the paper state license and the CCW ID hard card.

iv. The licensee shall present either the license or ID card to a peace officer, upon request, when the peace officer is acting in the course of his/her duties.

v. The licensee shall notify the VCSO in writing within ten days of any change of their place of residency. If the licensee moves out of the jurisdiction of issuance, the license shall expire ninety (90) days after the licensee has moved. Proof of the change of address will be required.

vi. A license may include any reasonable restrictions or conditions which the Sheriff deems warranted, including restrictions as to the time, place, manner, and circumstances under which the person may carry a pistol, revolver, or other firearm capable of being concealed upon the person. Any such restrictions shall be indicated on the license issued.

....

[SactoJon]

Verbatim from my Sac County CCW Permit issued January this year;

"If contacted by law enforcement and carrying a concealed weapon, you must advise the officer of the presence of a firearm either on your person or otherwise present"

-Jon

[robert101]

Orange County states, "If contacted by a law enforcement officer for any reason, license holder shall immediately inform the officer that they are a CCW licensee and provide their CCW License as proof the are carrying a concealed weapon."

Might I add, the following above statement is from the Terms of License Acknowledgement Carry Concealed Weapon - CCW issued with my license.

Also, the above term does not seem to limit my acknowledgement of carry to only Orange County but may reflect my need to give notice to "any" officer regardless of their rules.

My only problem is with the term "contact". As it is not defined and there can be many forms of contact that do not warrant such a disclosure of CCW. It would be beneficial for the IA to issue a clarification to this term.

[flyinverted]

In the police academy, they are taught 2 main types of contact (there are 3)

Those types of contact have different ramifications.

There's Consensual and non-consensual contact.
For example, when you get pulled over, that's non-consensual contact.

When you see an officer eating a sandwich at Subway and he says hello, that's a consensual contact. You have the right to walk away or not say anything.

You come to an intersection blocked by a traffic accident and an officer is waving people over, and you ask if you can go THAT way, do you think you're supposed to stop traffic and tell them that you are carrying?

Do you really think your IA requires that you tell an officer during a consensual contact that you're carrying? He / She could probably care less.

The trick the officers are taught is to convert a consensual contact into a non-consensual contact. That's another topic.

Do you what you think is right.

[baggss]

Originally Posted by flyinverted

In the police academy, they are taught 2 main types of contact (there are 3)

<snip>

Do you what you think is right.

Best (informal) advice I've seen for when is it appropriate was posted in another thread on this topic. The advice was that if you have to produce your license or some form of ID to show the nice officer, it's time to show your CCW as well.

EDIT: Depending on your IAs direction, it may not matter if you are carrying or not. Since my IA is silent on the issue I would only show if carrying, but if your IA is vague or says ANY contact, then I would show regardless of whether you are carrying or not. Better safe than sorry.

[Old_Bald_Guy]

I think it's funny that SF County is on the list.

[ElDub1950]

El Dorado Co. no duty to inform.

[ElDub1950]

Probably important to clarify that you are only required to follow YOUR IA's policy, not the policy of where you happen to be at any moment.

Originally Posted by adamjay

Recent threads have me thinking - different counties and even municipalities within California have different policies on a CCW permitee's Duty to Inform law enforcement when that CCW permittee is carrying and interacting with law enforcement officers. I'm wondering if anyone has a list or can point us to one. I've searched but have been unable to find it.

I'm not asking for opinions on whether you should or should not inform, just the laws/ policies.

On the same topic, are there other requirements or restrictions across counties and municipalities that we need to be aware of?

I did find this article of July 2015, which outlines policies throughout the 50 states. These laws change so frequently, I would double check before taking it as absolute truth, but here it is:

http://www.usacarry.com/duty-to-inform-laws/

[baggss]

Originally Posted by Old_Bald_Guy

I think it's funny that SF County is on the list.

I suspect that both people in the county that have permits know the rules....

[TempleKnight]

In Placer County the restrictions are on the license. Must disclose.

The Licensee shall not, when carrying a weapon,

Consume any alcoholic beverage.
Commit any criminal act. You must report any arrest to the Sheriff’s Office CCW Coordinator within 10 days.
Be in a place having a primary purpose of dispensing alcoholic beverages for on-site consumption .
Be under the influence of any drug, or alcohol.
Use any illegal drug.
Refuse to show license or surrender weapon to law enforcement upon request.
Impede any peace officer.
Represent self as a peace officer to any person, if not so employed.
Possess weapon any place where prohibited by law or sign.
Unjustifiably display weapon.
Carry a concealed weapon not listed on the license.
Fail to disclose, when stopped or detained by law enforcement, your status as a CCW license holder when you are carrying a weapon on your person or in your vehicle.

[glock_this]

Please add the "-- (yeah, as if ...)" to San Diego as well. Really, as if...

[baggss]

Originally Posted by TempleKnight

Fail to disclose, when stopped or detained by law enforcement, your status as a CCW license holder when you are carrying a weapon on your person or in your vehicle.

At least they are clear on the point.

[Librarian]

Originally Posted by baggss

I suspect that both people in the county that have permits know the rules....

Or, being Extremely Special Snowflakes, know that no such silly rules apply to them.

[Freshfish]

Had my class in Fresno two weeks ago. Two different policies depending if ia is city or county. City, you must inform. County, you dont have to.

[Slixxster]

Stanislaus- per class instructor, it's require to inform with formal contact with LE

[Old_Bald_Guy]

The info given here should come straight from each IA, not CCW instructors. The exception would be for agencies that do their own instruction (if there are any). There are just too many examples of instructors dispensing BS. Some are very knowledgable, but some are not.

[v.kevin]

Tulare County. No duty to inform.

[FresnoRob]

Originally Posted by Freshfish

Had my class in Fresno two weeks ago. Two different policies depending if ia is city or county. City, you must inform. County, you dont have to.

Verified in CCW class 7/13/16

[3lsmc7]

Originally Posted by slayer61

My CCW instructor told me that i'm not required to notify here in San Joaquin county.

Originally Posted by Nor*Cal

I can confirm that San Joaquin does NOT have a written policy stating that you must disclose.

And from reading the DUI Checkpoint thread, the following counties DO have a duty to disclose policy:

Orange - you must disclose
Placer - you must disclose
Sacramento - you must disclose
San Bernardino - you must disclose

San Joaquin here also, I will say that my CCW instructor also stated we didn't need to inform... But unless I am reading this wrong, I think we are required to inform. It is the second bullet of the second BOLD topic. Where I got the info from: http://www.sjgov.org/sheriff/ccwProcess.html

Conditions After Issuance of Approved Permits:

• No firearm is permitted to be carried unless qualification documentation is on file with this department and the weapon is listed on the CCW Permit.

• Permit holders must report to the San Joaquin County Sheriff’s Office within 10 days of any arrest of the permit holder, or any contact by law enforcement or incident involving the firearm.

• Permit holders must report to the San Joaquin County Sheriff’s Office within 10 days of any change in residency.

• No illegal drug use.

• Prior to renewal, permit holders must complete a legal firearms update refresher course offered by any local range or security academy every other year. The course of training shall be no less than four (4) hours including instruction on firearm safety and the law regarding the permissible use of a firearm Violations of these conditions will result in the revocation of the concealed weapons permit.

Restrictions Applicable to All San Joaquin County Sheriff’s Office Permit Holders:

• While carrying a weapon, no alcohol consumption is permitted.

• No carrying a permitted weapon where weapons are prohibited by law.

• No permitted weapon is allowed at locations where a sign is posted prohibiting weapons.

• The Sheriff may impose additional restrictions.

• During any law enforcement contact, you are required to disclose your status as a CCW permit holder and you must disclose whether or not you are carrying a weapon on your person or in your vehicle. Failure of the permit holder to adhere to these restrictions will result in the revocation of the concealed weapons permit.

[Librarian]

During any law enforcement contact, you are required to disclose your status as a CCW permit holder and you must disclose whether or not you are carrying a weapon on your person or in your vehicle. Failure of the permit holder to adhere to these restrictions will result in the revocation of the concealed weapons permit.

That's pretty clear.

[Librarian]

Originally Posted by esy

My personal opinion is why not inform a LEO that you are carrying or not/permit holder or not regardless of the issuing agency's policy? It is in one's best interest. Again, only my opinion.

Lots of discussion on this in other threads.

If you have CCW, who is your IA and what is their policy, if any? That's what this thread is for.

[doctord23]

In Butte County, the instructor suggested not to inform at LEO contact unless a physical search was going to take place at which time you should state that they will find your CCW gun at location "X" either on your body or in your vehicle.

[LeadFarmer74]

My IA is Humboldt County and I was told to inform with official contact.

[Nor*Cal]

Originally Posted by 3lsmc7

San Joaquin here also, I will say that my CCW instructor also stated we didn't need to inform... But unless I am reading this wrong, I think we are required to inform. It is the second bullet of the second BOLD topic. Where I got the info from: http://www.sjgov.org/sheriff/ccwProcess.html

Interesting. Looks like those are new web pages. If you download the PDF version that we actually sign and submit with the application (appendix D) , it lists the restrictions and conditions which does not include the instructions to inform. However, the new web page definitely does.

[3lsmc7]

Originally Posted by Nor*Cal

Interesting. Looks like those are new web pages. If you download the PDF version that we actually sign and submit with the application (appendix D) , it lists the restrictions and conditions which does not include the instructions to inform. However, the new web page definitely does.

I have a feeling they never bothered to update the forms we are required to sign and turn in but expect us to go to the website for the latest information. It seems they do update the site from time to time since when I initially applied the site was not how it looks like now.

Either way I will disclose/inform if I am ever in a situation where I am the subject of contact.

[GuyFawkes]

Riverside County doesn't mention any requirements to inform LE that you're carrying when contacted. They do have requirements to inform the RCSD CCW Unit of any LE contact which they define.

There is an interesting line in the policy statement: "...or asked to present my license to any peace officer...I shall notify the CCW Unit..." When would a peace officer randomly ask you to present your CCW license for something that is concealed? This leads me to believe that it is assumed that you would inform the officer that you're carrying with a license and they would then ask you to present it. Although, no where does it say you must inform the officer that you're carrying. Am I misreading this?

Conditions, and Policy Regarding Carry Concealed Weapons (CCW) License
This policy shall apply to ALL persons issued any Concealed Weapons (CCW) License by the Riverside County Sheriff’s Department.
I have been fully informed and do understand any and all conditions and restrictions placed upon me in relation to my CCW license. I understand that violating any of these conditions and restrictions may subject me to further investigation, possible suspension, or permanent revocation of my CCW license.
General Responsibilities: I am responsible for compliance with any regulations or conditions imposed by the Sheriff. In addition, I am responsible for the exercise of good judgment and sound decision-making in the care, transport, holstering, discussion, display and/or use of a licensed weapon.
In the event I am detained or arrested by any law enforcement agency, or asked to present my license to any peace officer. I shall notify the CCW Unit as soon as it is practical to do so, describing the details of the law enforcement contact. Additionally, I understand that I am to report any court actions, either civil or criminal, where I am directly involved.
Further; I understand and agree to report any changes in my employment status, residence address, telephone number or any other significant lifestyle change, which may affect my eligibility status, to the CCW Unit in the most expedient manner possible.
I understand I will be required to qualify upon renewal of my license.
No firearm smaller than a .380 caliber or larger than a .45 caliber shall be carried at any time. Semi-auto single action firearms may be approved depending on proficiency and safe handling of the weapon. Approval will be the sole discretion of the range master and CCW Unit Staff.
Reserve Deputy Sheriff’s, Correctional Deputy Sheriff’s, and Classified employees of the Riverside County Sheriff’s Department, shall, at all times be governed by the General Orders of this department, and may carry only those weapons and ammunition which are on the approved list of departmentally authorized weapons and ammunition.
Absolutely no modifications shall be made to any weapon, without the approval, and subsequent inspection, of the rangemaster staff located at the Ben Clark Training Center. Scopes of any type are not permitted. When utilizing laser sights or a lighting system, it is the responsibility of the licensee to ensure the system is operable, correctly attached to the firearm, and properly adjusted for accuracy.
NOTICE:
APPROVED CCW HOLDERS MAY ONLY CARRY A CONCEALED FIREARM WITH A VALID PERMIT.
ONCE YOUR CCW LICENSE EXPIRES. YOU CANNOT CARRY A CONCEALED FIREARM.
IT IS THE APPLICANT’S RESPONSIBILITY TO OBTAIN A RENEWAL PRIOR TO THE EXPIRATION OF THE
CCW LICENSE.
NO BADGES OR OTHER UNAUTHORIZED CCW ACCESSORIES ARE PERMITTED.

http://www.riversidesheriff.org/pdf/...O-CCW-2016.pdf

[jimsu]

Calaveras County - No duty to inform.

[baggss]

Originally Posted by GuyFawkes

NO BADGES OR OTHER UNAUTHORIZED CCW ACCESSORIES ARE PERMITTED.

I wonder ho many people get their feelings hurt by this one. The sad part is that they even need to post this as part of their policy.

[GuyFawkes]

Originally Posted by baggss

I wonder ho many people get their feelings hurt by this one. The sad part is that they even need to post this as part of their policy.

It's amazing how many online "experts" promote the use of those stupid badges

I am curious what they could be referring to as "OTHER UNAUTHORIZED CCW ACCESSORIES"

That's pretty vague.

[ElDub1950]

Originally Posted by GuyFawkes

It's amazing how many online "experts" promote the use of those stupid badges

I am curious what they could be referring to as "OTHER UNAUTHORIZED CCW ACCESSORIES"

That's pretty vague.

Things like this. Yes, that's really something that's for sale.

[GuyFawkes]

Originally Posted by ElDub1950

Things like this. Yes, that's really something that's for sale.

Haha, looks like a school hall monitor.