Encounter with Texas DPS

[RstyShcklfrd]

I would suppose that LEOs would much prefer to be told in advance that there's a gun present, rather than finding out the hard way if things go bad. Plus, the CHL holder passed thorough state and fed criminal background checks at the time of their application, so there's that too.

If you're a law abiding citizen to begin with, that should never even be an issue.

That being said, I've only ever had to show my CHL twice. The first time, he asked where my gun was, and it dawned on me it was in my pack as I was going hiking. The second time, I tried to hand it to him, and he literally told me, "I don't need to see that."

The first guy gave me a warning and was a State Trooper. The second guy was a motorcycle cop, and wrote me one hell of a ticket.

 

[txinvestigator]

I would suppose that LEOs would much prefer to be told in advance that there's a gun present, rather than finding out the hard way if things go bad. Plus, the CHL holder passed thorough state and fed criminal background checks at the time of their application, so there's that too.

"The hard way if things go bad" . Interesting. Did you know I can kill you with a Bic pen?

 

[RstyShcklfrd]

"The hard way if things go bad" . Interesting. Did you know I can kill you with a Bic pen?

With the cap still on.

 

[Greg_TX]

"The hard way if things go bad" . Interesting. Did you know I can kill you with a Bic pen?

I'll see your Bic and raise you a Sharpie (fine point Sharpie, of course).

 

[Greg_TX]

If you're a law abiding citizen to begin with, that should never even be an issue.

I wasn't talking about law-abiding citizens; I meant the difference between knowing a gun is present (being voluntarily told at the beginning) vs. a situation where a bad guy has one the officer doesn't know about.

 

[alexrex20]

I still don't understand why so many people feel compelled to volunteer the info to the cop, that they're carrying a firearm. When I got pulled over by a state trooper for no front license plate (he wrote me a warning), he ran my TXDL and came back and asked me if I'm currently carrying. I said I was, so he asked if I have my actual CHL plastic on me. I said I did, and asked if he would like me to disarm. He said, "That's not necessary. As long as it stays wherever it is, we won't have any problems." He was a nice guy and wasn't at all annoyed that I did not notify him that I was carrying.

 

[Driller]

I could have sworn that back in 2008 the state legislature enacted a law Sept 1 2008 that you were no longer required to show your CHL license since your license comes up on any LEO computer when he checks your drivers license. Of course you must show it if asked.

 

[TexasRedneck]

You're supposed to - they simply removed the penalty for failing to show it. Still a good idea to do so, however, IMO.

 

[alexrex20]

^^ This is true. I don't remember the statute or the year, but I do remember reading the law change and the articles about it. The law requires you to provide both your TXDL and CHL when a LEO asks for your TXDL while operating a motor vehicle. But per the law change, it is no longer a punishable crime to NOT produce the CHL with the TXDL. Of course, you should always produce the CHL if they ask for the CHL.


Edit: I got ninja'd by TxRedneck. I was replying to Driller, but of course TxRedneck is also correct.

TxRed, did they remove the punishment because of the other law change which no longer required one to be "traveling" to conceal carry in their vehicle without a CHL? It would make sense that because one could conceal carry in their vehicle and to/from it, then it would make the CHL redundant and unnecessary.

 

[TexasRedneck]

Not real sure just WHY they did it....glad they did, though - because while I make it a habit to show it during a stop, I can also see where someone could honestly forget to do so - and in reality, it will do no harm if they don't. It's just been my experience that having a CHL can help a LEO recognize that you really are a pretty decent sort.

 

[alexrex20]

Agreed.

And now, T-minus 4 posts before someone says, "Just don't get pulled over."

 

[Driller]

GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (a) 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. per 2011-2012 Texas CHL Manual.

Hum?? I have only been stopped once since 2008 and did not produce CHL while carrying. He was so focused on giving me that ticket that I was on the road in 3 minutes. Very cool ticket system. Cop had this hand held license scanner that sent a signal back to his vehicle. By the time he got back to his car the ticket was printing out the side of the car.

 

[alexrex20]

There is no longer a penalty for NOT producing the CHL when asked for your TXDL, even if you're carrying.

 

[txinvestigator]

I still don't understand why so many people feel compelled to volunteer the info to the cop, that they're carrying a firearm. When I got pulled over by a state trooper for no front license plate (he wrote me a warning), he ran my TXDL and came back and asked me if I'm currently carrying. I said I was, so he asked if I have my actual CHL plastic on me. I said I did, and asked if he would like me to disarm. He said, "That's not necessary. As long as it stays wherever it is, we won't have any problems." He was a nice guy and wasn't at all annoyed that I did not notify him that I was carrying.

In your situation you were required to hand over your CHL when asked for your DL.

 

[txinvestigator]

^^ This is true. I don't remember the statute or the year, but I do remember reading the law change and the articles about it. The law requires you to provide both your TXDL and CHL when a LEO asks for your TXDL while operating a motor vehicle.

I can see why one could think that, but Operating a motor vehicle has nothing to do with it. Asking for your DL has nothing to do with it. ANYTIME a peace officer demands you identify yourself, if you are carrying you are required to display your CHL along with your DL or ID.

But per the law change, it is no longer a punishable crime to NOT produce the CHL with the TXDL. Of course, you should always produce the CHL if they ask for the CHL.

.
Correct, your CHL can no longer be suspended for failure to display. However, you risk irritating the person with discretion to NOT cite you if stopped for a traffic offense and you fail to display. I have no idea why anyone would do that.

TxRed, did they remove the punishment because of the other law change which no longer required one to be "traveling" to conceal carry in their vehicle without a CHL? It would make sense that because one could conceal carry in their vehicle and to/from it, then it would make the CHL redundant and unnecessary.

Close. A non CHL holder is not required to inform.

 

[txinvestigator]

There is no longer a penalty for NOT producing the CHL when asked for your TXDL, even if you're carrying.

Again, being asked for your DL has nothing to do with it. For example, find your car burglarized and call the cops to report it; cop asks for your name, must show CHL if carrying.

And on a traffic stop the penalty is a potentially pissed off cop. I, for one, have no desire to do that.

 

[alexrex20]

In your situation you were required to hand over your CHL when asked for your DL.

If I'm allowed to conceal carry without a CHL in this situation, why should I provide my CHL?

If a cop comes to my home, am I required to provide my CHL when I answer the door?

 

[alexrex20]

I can see why one could think that, but Operating a motor vehicle has nothing to do with it. Asking for your DL has nothing to do with it. ANYTIME a peace officer demands you identify yourself, if you are carrying you are required to display your CHL along with your DL or ID.

If I am not operating a motor vehicle, I do not need to have a TXDL and as such shall not be compelled to provide one.

Close. A non CHL holder is not required to inform.

So a non-CHL holder does not need to inform, but a CHL holder does?

Man these laws are all screwed up and confusing.

Like you said, I guess it's best to just always provide the CHL and prevent a pissed off cop.

 

[JADB]

So a non-CHL holder does not need to inform, but a CHL holder does?

Man these laws are all screwed up and confusing.

Like you said, I guess it's best to just always provide the CHL and prevent a pissed off cop.

Yes, and I agree it seems a little odd.

^But your last statement to me is always your best choice. I'm willing to bet that consistently providing it will be better for you than not.

 

[ZX9RCAM]

If I am not operating a motor vehicle, I do not need to have a TXDL and as such shall not be compelled to provide one.

I thought one was required to be able to present some form of ID if asked?