Duty to inform violates your rights

Many states have what are called “Duty to Inform” laws. These laws claim to require you to tell law enforcement if you are in possession of a gun. While many people think of this as a Second Amendment issue, most don’t realize it’s also a violation of the Fourth and Fifth Amendments. If the presence of a firearm is a threat to officer safety, then the officer’s firearm is a threat to my safety.

Remember, the Supreme Court believes that to establish reasonableness to detain and search a person, law enforcement must first be able to articulate a reasonable suspicion of a crime. Searching you for a firearm, even verbally, is unreasonable without such suspicion and therefore violates your rights protected by the Constitution. It does not matter if your alleged duty requires the officer to ask; without reasonable suspicion, that is a violation of the Fourth Amendment.

Demanding that you witness against yourself is a violation of the Fifth Amendment. Again, if law enforcement has a reasonable articulable suspicion that you have or are about to commit a crime, they’ve established a reasonable search, but your right against self-witness is not based on reasonableness like your right not to be searched.

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