# CPL disclosure and Fishing question...



## inland44 (Dec 1, 2008)

I posed this question on another forum and it turned into a symantic argument over the need to verbaly disclose if your carrying or not, is a CO a Peace Officer, and so on. So Now Im either hoping for feed back from someone who has had an experience or any of the COs that contribute here.

Say for example I am either ice fishing, steelhead/salmon fishing or pier fishing. By this I mean in a situation where there may be others nearby that do not know Im carrying. Alone along a river or in my boat Im not as worried.

When approched by a CO and asked for my fishing licence (which would mean I was "detained" and I need to disclose) I also provde my CPL and say "I am armed my sidearm is located _________". if at all possable I would have these documents in hand before he/she approched. But if not I would verbally disclose before even attemping to reach into a pocket(common sense I know).

Anyway, what other steps should be taken to ensure a safe, courtious and plesant transaction between myself and a Conservation Officer. 

Tks


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## foxriver6 (Oct 23, 2007)

inland44 said:


> I posed this question on another forum and it turned into a symantic argument over the need to verbaly disclose if your carrying or not, is a CO a Peace Officer, and so on. So Now Im either hoping for feed back from someone who has had an experience or any of the COs that contribute here.
> 
> Say for example I am either ice fishing, steelhead/salmon fishing or pier fishing. By this I mean in a situation where there may be others nearby that do not know Im carrying. Alone along a river or in my boat Im not as worried.
> 
> ...


COs are peace officers and CPL disclosure is required when carrying and when stopped by a CO. Stopped in the CPL law is not defined but generally agreed to mean that you are stopped if you are not free to leave. If you are fishing and a fishing license is requested by a CO, you are not free to leave and thus "stopped".

As for your specific question, always keep your hands in plain sight, be honest and follow the golden rule (treat others how you would like to be treated).


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## inland44 (Dec 1, 2008)

Foxriver,


Yes I agree with you and as you mentioned and to be clear: If a Conservation Officer asks to see your fishing licence you ARE detained and must disclose that you are carrying a CW. Weather or not the CO will ask you to produce the weapon or if he will take posession of it during the stop is up to the Officer. But the fact is you must disclose.

Now the reason I want to make this clear is a fellow member here and the other forum who whall remain anonomous(by his choice) has said to me face to face. "I would probably just hand him my licence, everything checks out legal and the CO says thanks alot he or she is on her way. Thats how every contact with a CO has gone in my life." Be polite in your response to this it was just a conversation...

Now as for me, when Im in the field I am 100% legal to the best of my ablity at all times. I have nothing to hide and have never had a beef with a CO just doing their job. It seems some others wish to be pasively beligerent "I know my rights and I know the law", so be it. You just might get a ticket for littering when you clip off the tag end of your line...

I belive what Im most interested in is this; Can the average armed citizen with a valid CPL expect a CO to be discreet in a situation where others(as stated in the OP) are around who you would prefer did not know you were carrying. IF the CPL holder did his or her part to "follow the golden rule"??


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## outdoor_m_i_k_e (Feb 3, 2005)

inland44 said:


> Foxriver,
> 
> 
> Yes I agree with you and as you mentioned and to be clear: If a Conservation Officer asks to see your fishing licence you ARE detained and must disclose that you are carrying a CW. Weather or not the CO will ask you to produce the weapon or if he will take posession of it during the stop is up to the Officer. But the fact is you must disclose.
> ...


I think it is going to depend upon the officer, and quite possibly his mood that day. . Im sure most would be nice enough to respect your wishes and keep it quiet if wanted, but he/she certainly does not have to. . .


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## Supa Roosta (Jul 1, 2003)

I understand your question.

And you might get responses from people who have actually experienced the scenario presented.

But the bottom line is going to come down to the individual CO who will be presented with the situation and how he/she responds at that time.
Each instance will have different nuances that will that would factor in the outcome.

Myself, I would present my CPL along with my fishing license and disclose I was carrying.


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## malainse (Sep 2, 2002)

Just say " Here is my fishing license and my CPL. I am carrying but, would like to keep that quiet. I am sure you understand considering all the characters out here on the pier". Odds are they will laugh and understand.

Just be polite and go along with whatever they want to do? CO's contact armed people all the time and is not anything new to them.


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## foxriver6 (Oct 23, 2007)

inland44 said:


> Foxriver,
> 
> 
> 
> I belive what Im most interested in is this; Can the average armed citizen with a valid CPL expect a CO to be discreet in a situation where others(as stated in the OP) are around who you would prefer did not know you were carrying. IF the CPL holder did his or her part to "follow the golden rule"??


I can't give you a good answer on this because every officer and every situation is different. The best I can do is an example and allow you to compare a "typical motor vehicle stop" to a fishing license check.

You are pulled over for speeding and have three friends in the car with you. You have a CPL but are not carrying; you do not disclosure your CPL status to the LEO as you are not required. After checking a number of "record keeping things" back at the patrol car, the officer learns that you have a CPL. When the officer brings you back your driver's license, registration, proof of insurance and possibly a traffic citation, the officer has two choices with respect to your CPL status: 1) not mention it 2) ask if you are carrying and more than likely your passengers will over hear the officer ask.

My experience is this, more often than not if an officer learns you have a CPL and you don't mention it, they will ask if you are carrying. If you mention to the officer that you have a CPL and are carrying, they will often times ask you where the pistol is and ask that you keep your hands away from it during the stop. Short of seperating you from your friends and having a private conversation, your friends may learn of your CPL status. 

Personally, I am cognizant of the fact the CPL holder may not want their friends to know about the CPL and I do make an effort to discreatly inquire. However, often times the "totality of the circumstances" have me ask you about your firearm with the possibility that someone may overhear the conversation.


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## GIDEON (Mar 28, 2008)

inland44 said:


> Foxriver,
> 
> 
> Yes I agree with you and as you mentioned and to be clear: If a Conservation Officer asks to see your fishing licence you ARE detained and must disclose that you are carrying a CW. Weather or not the CO will ask you to produce the weapon or if he will take posession of it during the stop is up to the Officer. But the fact is you must disclose.
> ...


 Ask to produce? take posession?


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## PITBULL (May 23, 2003)

GIDEON said:


> Ask to produce? take posession?


Yes they can ask you to hand over your weapon. They may even unload it. But they are to return it to you when they are done with you unless there is some violation with the gun or for some reason you are being arrested. Like drinking while you are fishing with the weapon. 

If others fishing end up knowing that you are armed afterwards who cares? Your within your leagle rights. 
Heck they might just think twice before crowding you and move on down the river.


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## GIDEON (Mar 28, 2008)

PITBULL said:


> Yes they can ask you to hand over your weapon. They may even unload it. But they are to return it to you when they are done with you unless there is some violation with the gun or for some reason you are being arrested. Like drinking while you are fishing with the weapon.
> 
> If others fishing end up knowing that you are armed afterwards who cares? Your within your leagle rights.
> Heck they might just think twice before crowding you and move on down the river.


 In 32 years I have never been asked to produce, or surrender


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## PITBULL (May 23, 2003)

In certain circumstances, a law enforcement officer may take temporary possession of the weapon during interaction with the individual to ensure the safety of the officer and others. The police officer will return the pistol at the end of the stop unless the individual is being charged with a violation of the act or any other law that allows for the weapon to be seized. 

http://michigan.gov/msp/0,1607,7-123-1591_3503_4654-10941--,00.html

A CO is also considered a law enforcment officer

Conservation officers are fully commissioned as state peace officers, with full power and authority to enforce Michigan's criminal laws. They are a unique class of law enforcement officer, whose duties include enforcing regulations for outdoor recreational activities such as off-road vehicle use, snowmobiling, boating, hunting and fishing. 

http://www.mi.gov/dnr/0,1607,7-153-42199---,00.html


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