Failure to notify.

[goodfellas]

My girlfriend was pulled over tonight while we where going to walmart. I was a passenger and wasn't asked for my name I.D. or anything till the officer asked us to step out of the car. to witch he then asked if we had any weapons I told him i had a CHL. He removed my revolver from me and asked for my CHL and ID. After giving him both he asked me why i didnt inform him i was carrying. I apologized and told him i didn't think I was being detained since he never asked for my name or ID. he confiscated my revolver and said that I could pick it up from the dept. Monday after speaking to a detective for "failure to notify". He also said i could lose my licence at the discretion of the detective. I was curious if any LEO could tell me what I should expect when I go in on Monday.

 

[Tejano Scott]

Tag

 

[Orbie]

I thought you were no longer required to inform them you are a CHL carrier.

 

[kurt]

You need an attorney to obtain your weapon. This should be easy to resolve, but I'd make sure SAPD handles it correctly by having legal counsel.

 

[kurt]

I thought you were no longer required to inform them you are a CHL carrier.

Only if you are not carrying. I would think in this situation you are just a "bystander".

 

[goodfellas]

It was terrell hills not SAPD. Sadly I don't have the financial means for an
Attorney.

 

[FrEaK_aCcIdEnT]

How long have you been CHL? Has anyone advised you that you should also have some form of legal counsel secured? There are a few services out there. I have Texas Law Shield. There is also Unites States Concealed Carry Association and even Pre-Paid Legal. I also have prepaid legal. Not for firearms issues though. Everything else. You can co tact Texas Law Shield to see what they may be willing to do for you. I have seen an instance or 2 where they have supported an individual with a pre-existing condition after they signed up for their service.

Keep us posted.

 

[FrEaK_aCcIdEnT]

http://www.texasguntalk.com/forums/...tification-requirement-texas-chl-holders.html

TXI should chime in sometime too.

 

[majormadmax]

I thought you were no longer required to inform them you are a CHL carrier.

The requirement still exists, it's just the penalty was removed...

GC §411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder’s person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder’s driver’s license or identification certificate issued by the department and the license holder’s handgun license.

But, as he wasn't asked for identification, this does not apply.

I suggest reading the following, then contacting Terrell Hills PD about it. If they don't return your firearm, legal representation will be necessary...

Texas Concealed Handgun Laws (2013-2014)

 

[bcannon87]

As stated above I would contact Texas Law Shield and see if they will help.

 

[txinvestigator]

If the OP is accurate he has been screwed.

There is no requirment for anyone to inform a Peace Officer of the possession of the CHL and handgun unless the Peace Officer demands that the person identify himself. OP, if the ppeace officer asked who you were before you offered the CHL, then you violated the above quoted section of the government code. However, it is a violation with no penalty. There is no penal code violation for failure to notify, and no action a LEO can lawfully take if you do not display your CHL.

I would ask for a face to face meeting with the Chief. His officers need an education.

Your fourth amendment right was violated. An unreasonable and unlawful seizure of your property.

I would also consult with an attorney.

 

[cpileri]

i always declare, even when a passenger. but i am interested so...tag

 

[AustinN4]

I am confused as to the justification for seizing your firearm in the first place since you possess a CCL. If he thought you broke the law he should have arrested you.

Edited to add: I was typing my post while txinvestigator was posting his, so I didn't see his until after I posted mine.

 

[Dawico]

After reading the above posts I am glad that the law seems to agree with my thoughts that this is a screwed up situation.

I hope it turns out well and just.

 

[vmax]

a lawyer for something like this might not cost that much. All they should need to do is write a letter or phone call.
I think, the PD should have to reimburse OP for his expense and trouble.
The officer that took the weapon should be "educated" on the law and he should be advised in writing on his record.
Disarming a citizen illegally should be a big deal, that is IF the Bill of Rights still applies in Texas

 

[benenglish]

My naive first reaction to the OP was - Someone stole your revolver from you and you haven't reported the robbery?

Then I read a little closer. Namely,

I was a passenger and wasn't asked for my name I.D. or anything till the officer asked us to step out of the car. to witch he then asked if we had any weapons I told him i had a CHL.

Emphasis added to try to clarify the order of events.

The phrasing here isn't clear enough to understand what happened. I read this to mean that there was a stop, the officer dealt with the driver, then the officer asked them to step out of the car.

The OP says he "wasn't asked for my name"... "till the officer asked us to step out of the car". To me, that says the officer asked for a name and ID at that time.

At that moment, the duty to notify is created, right?

The OP goes on to say "...he THEN asked if we had any weapons...".

Finally, the OP notifies.

Now, admittedly, all this could happen within a space of a few seconds but the order of the officer's actions and when the actual duty to notify kicked in seem critical to me.

But, as he wasn't asked for identification, this does not apply.

If I'm reading him right, the OP was, eventually, asked to identify himself.

If the OP is accurate he has been screwed.

I had to read it a couple of times but I'm not so sure that's the case.

Goodfellas - Could you clarify for us? Based on your OP, it appears there were three things from the officer directed to you - a command to exit the vehicle, a request for ID, and a question about weapons. Is that right? In exactly what order and timing did these three things happen?

 

[BIGPAPIGREG]

a lawyer for something like this might not cost that much. All they should need to do is write a letter or phone call.
I think, the PD should have to reimburse OP for his expense and trouble.
The officer that took the weapon should be "educated" on the law and he should be advised in writing on his record.
Disarming a citizen illegally should be a big deal, that is IF the Bill of Rights still applies in Texas

I agree with vmax, get an attorney, and then have Terrell Hills PD pay for your inconvenience.....

 

[AustinN4]

......................., and then have Terrell Hills PD pay for your inconvenience.....

Good luck with that! LOL

 

[mitchntx]

Knowing the potential for a benign situation to turn sour, why wouldn't a holder be proactive in notifying.

Just curious ...

Also ...

I can't get my head around the sequence of events ... why did the officer ask everyone to step out of the car?
I think that is a gap in the sequence of events.

 

[goodfellas]

*pulled over
*driver asked for id and insurance
* id is given but no insurance.
*driver is told car would be impounded and for both people to get out of car
* both told to sit on the ground
*asked if we would need a ride
* driver says yes
* ask if ether of us had a weapon to with I replied I have a chl and am carrying.

There's a basic play by play ben