Failure to notify.

[Charlie]

 

[mitchntx]

I got stopped and forgot I had a pistol in truck , so only showed my DL , he ran it and found I was a CHL holder and asked if I was carrying ? Then it hit me I had my briefcase with a small pistol in it , so I told him ?.Crap ! Yes sir I forgot to tell you ! DPS gave me a ticket for failure to notify ..it was around a $150 fine , but never confiscated my weapon or acted abnormal . Also joined Texas Law Shield . For $10 a month if you daily carry this is good insurance !

Dammit ...

Learn me something ...

CHL and failure to notify is if its on your person and you say nothing.
Carrying in a car is legal w/o a CHL via the castle doctorine.

Correct? Or with a CHL, a weapon within x amount of feet is considered "carrying"?

Now, with having the least amount of misunderstanding and side of the road law interpretation debate, when I was stopped I told the DPS officer I was a CHL holder (I mean why not he'll know soon enough) but was not carrying. I did disclose that I had a pistol between the seat and console next to my right leg.

The officer acknowledged and then wanted to know more about the car I was driving. Seems he had a CTS, but never heard one make grumbling noises before.

 

[matefrio]

Why more folks don't have a service like Texas law shield for incidents like this is beyond me.

 

[Saltyag2010]

Dammit ...

Learn me something ...

CHL and failure to notify is if its on your person and you say nothing.
Carrying in a car is legal w/o a CHL via the castle doctorine.

Correct? Or with a CHL, a weapon within x amount of feet is considered "carrying"?

Now, with having the least amount of misunderstanding and side of the road law interpretation debate, when I was stopped I told the DPS officer I was a CHL holder (I mean why not he'll know soon enough) but was not carrying. I did disclose that I had a pistol between the seat and console next to my right leg.

The officer acknowledged and then wanted to know more about the car I was driving. Seems he had a CTS, but never heard one make grumbling noises before.

I was pulled over yesterday outside Carrizo for a tint violation. I immediately rolled my windows down on both sides and kept my hands on the wheel. My gun was underneath my center console. I answered all his questions, gave him my license and insurance, complied and rolled up my glass enough to be tested and kept my hands on the wheel with my motor off. I never told the officer I had a gun and I don't have a CHL yet. I got off with a tint warning.

 

[Charlie]

I was pulled over yesterday outside Carrizo for a tint violation. I immediately rolled my windows down on both sides and kept my hands on the wheel. My gun was underneath my center console. I answered all his questions, gave him my license and insurance, complied and rolled up my glass enough to be tested and kept my hands on the wheel with my motor off. I never told the officer I had a gun and I don't have a CHL yet. I got off with a tint warning.

Sounds like it went well!

 

[txinvestigator]

Out of curiosity, if I am asked who I am, & at that time hand the officer my license & CHL, have I still violated the law?

No

????

 

[txinvestigator]

I got stopped and forgot I had a pistol in truck , so only showed my DL , he ran it and found I was a CHL holder and asked if I was carrying ? Then it hit me I had my briefcase with a small pistol in it , so I told him ?.Crap ! Yes sir I forgot to tell you ! DPS gave me a ticket for failure to notify ..it was around a $150 fine , but never confiscated my weapon or acted abnormal . Also joined Texas Law Shield . For $10 a month if you daily carry this is good insurance !

When did that happen? The penalty was removed several years ago.

 

[txinvestigator]

Dammit ...

Learn me something ...

CHL and failure to notify is if its on your person and you say nothing.
Carrying in a car is legal w/o a CHL via the castle doctorine.

Correct? Or with a CHL, a weapon within x amount of feet is considered "carrying"?

Now, with having the least amount of misunderstanding and side of the road law interpretation debate, when I was stopped I told the DPS officer I was a CHL holder (I mean why not he'll know soon enough) but was not carrying. I did disclose that I had a pistol between the seat and console next to my right leg.

The officer acknowledged and then wanted to know more about the car I was driving. Seems he had a CTS, but never heard one make grumbling noises before.

The Castle Doctrine has nothing to do with where you can carry.

If the handgun is on or about your person and you have a CHL you must inform if asked to ID, regardless of under what authority you carry.

 

[zincwarrior]

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.

You did nothing incorrect. Why were you even being asked to step out of the vehicle?
I see what your problem is. Your location says San Antonio.

 

[BIGPAPIGREG]

You did nothing incorrect. Why were you even being asked to step out of the vehicle?
I see what your problem is. Your location says San Antonio.

read the whole thread

 

[ZX9RCAM]

No

????

Sorry TI, just you stated in your post that if the officer ask you your name BEFORE you tell him you have a CHL it was a crime.
I did not think you meant it exactly like that, thanks.

 

[Mexican_Hippie]

I'd just call the chief to discuss. I wouldn't want anyone to get in a lot of trouble over a simple mistake but I also would want to make sure everyone knows it was inappropriate.

I get that it can be intimidating, but it's the right thing to do.

 

[BIGPAPIGREG]

I'd just call the chief to discuss. I wouldn't want anyone to get in a lot of trouble over a simple mistake but I also would want to make sure everyone knows it was inappropriate.
I get that it can be intimidating, but it's the right thing to do.

+1.....could also be used to show some "good faith" towards LEO's from CHL'ers....working WITH one another, instead of against, to better educate ALL of the "GOOD GUYS/GALS"

 

[mitchntx]

The Castle Doctrine has nothing to do with where you can carry.

If the handgun is on or about your person and you have a CHL you must inform if asked to ID, regardless of under what authority you carry.

On or about ...

next to my leg between the console and seat ... OK.

back seat in a brief case, not so much. A lot of room for interpretation.

 

[London]

I see what your problem is. Your location says San Antonio.

I had one of SAPD's finest tell me he'd arrest me if he caught me carrying in public with my AZ CWP. A few months ago SAPD made headlines when they ticketed a man for open carrying a rifle because it was loaded, even though state law preempts them from doing so. McManus defended them, of course. He even lied and said it was all legal. A few months before that they ticketed a guy for having an AR-15 at his side at Starbucks. They said he was carrying with intent to cause alarm. Same story from McManus.

SAPD fears nothing, especially when it comes to violating the 2A. They are incompetent and they don't care because they almost never have to face consequences for it. I'm not exacty anti-cop, but when it comes to SAPD and your guns, you'd better be on red alert because absolutely anything they do is going to be defended by the city. Having Texas Legal Shield is pretty much mandatory for gun owners in this town.

OP- Good luck filing a complaint with IA. Me and my girlfriend went through that rigmarole and had evidence the officer we were complaining about was guilty as Hell. A month later we got a nice autographed letter from William McManus saying he found no evidence of wrongdoing. I know several people who have been through the same thing. First they try to discourage you from even complaining, if you do they send you a letter saying you wasted your time.

If things work out different for you then please let us know.

 

[35Remington]

It went really well today. I went down there showed my CHL, ID, and the number the officer gave me. She went to the back and handed it to someone. We waited for about 10 minuetes when someone came out from the back. She put my revolver and ammunition on the table. She asked me to sign the propety reciet. She asked why I didnt tell the officer I was carrying. I told her what happened and she just shook her head. Said "have a nice day.".

I'm glad everything went well. I will just chauk this up as an embarising and learning experiance for both me and the officer. I felt from her reaction she was gana have a word with him. While what he did wasnt right he is still a person and can make mistakes.

Please don't take this the wrong way, because I really mean it as a compliment. Your description of what happened that night, plus your posts in response to the members here, and also your story about retrieving the gun and what transpired at the station all suggest that you are way too well mannered, respectful, and intelligent to be making only $16,000 a year. You have a CHL so obviously your record is clean.

Send me a PM if you're interested in maybe changing careers. I might be able to find you something, and at the very least can put in a good word for you.

 

[benenglish]

...you are way too well mannered, respectful, and intelligent to be making only $16,000 a year. ...

+1

 

[txinvestigator]

Sorry TI, just you stated in your post that if the officer ask you your name BEFORE you tell him you have a CHL it was a crime.
I did not think you meant it exactly like that, thanks.

Even more confused.....

But I tend to live in that state more and more.......

 

[txinvestigator]

On or about ...

next to my leg between the console and seat ... OK.

back seat in a brief case, not so much. A lot of room for interpretation.

There is plenty of case law for this. Basically, if you can lunge and reach it, it is about your person.

Hope this helps....

 

[Vaquero]

+1

Yep.