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  • comp73

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    Mar 7, 2011
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    I've been pulled over 4 times since I got my CHL. Three times for speeding, one time for making a right turn into the middle lane. I've always presented my DL and CHL even though on 2 of those occasions I was not carrying. So far, I haven't received a ticket. I can't say my CHL or me presenting it had anything to do with not getting tickets, but I'll keep using this method until it stops working.
     

    Renegade

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    Mar 5, 2008
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    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.

    Nothing ambiguous here. (bolding added)

    Nope nothing ambigous.

    And if you fail to provide CHL, the officer is free to take any and all action legally allowed. Which means nothing happens.

    Stupid is as stupid does. Thank you legislature.
     

    Renegade

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    Oh I agree with showing my CHL, what I don't agree with is the fact that if I have my weapon in the car, I am required by law to notify (ie show chl) while your average joe without a CHL is not required to inform..

    "on or about" is well defined in Case Law. It does not mean in your car, for example trunk, 3rd row etc. From Case Law, if you do not have to materially change your body position to reach it, it is on or about.

    The legislature wrote a poor law. It should have been repealed completely. It wasn't.

    As I have pointed out in other theads, there are a lot of poorly worded gun laws.
     

    ZX9RCAM

    Over the Rainbow bridge...
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    May 14, 2008
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    I've been pulled over 4 times since I got my CHL. Three times for speeding, one time for making a right turn into the middle lane. I've always presented my DL and CHL even though on 2 of those occasions I was not carrying. So far, I haven't received a ticket. I can't say my CHL or me presenting it had anything to do with not getting tickets, but I'll keep using this method until it stops working.

    I am having trouble visualizing how one does this?
     

    Savage20

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    Turning right at an intersection and going directly into the middle lane, instead of the right-most lane. Technically, to enter the middle lane you would need to indicate left from the right-most lane.
     

    WCDUB

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    Mar 30, 2014
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    As a general rule,always inform.Why would you not? It is the sensible thing to do.
     

    ZX9RCAM

    Over the Rainbow bridge...
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    Turning right at an intersection and going directly into the middle lane, instead of the right-most lane. Technically, to enter the middle lane you would need to indicate left from the right-most lane.

    This was my only conclusion as well, but didn't think anybody would ever actually do it, lol....
     

    Renegade

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    As a general rule,always inform.Why would you not? It is the sensible thing to do.

    Sensible for whom? I do not inform. Why not?

    As mentioned on this site a few years ago, I informed and the Constable decided to disarm me. Gun was in console. He reached in from passenger side and without looking felt for gun. Grabbed it, managed to get finger in trigger guard, and about one second before he blew a hole in his head I screamed stop!

    He then hopped in passenger seat like nothing happened, got gun anyway and went back to car. Oblivious to the MP5/SMG sitting on back seat.

    So now my policy is do not inform.
     

    Mike1234567

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    What if a person does NOT have a CHL? We can still carry concealed in our vehicles 'most' places. Are we required to inform LEO we are carrying if we have no CHL?
     

    fishingsetx

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    Feb 15, 2015
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    What if a person does NOT have a CHL? We can still carry concealed in our vehicles 'most' places. Are we required to inform LEO we are carrying if we have no CHL?
    Nope and that is where I find this law odd. Goes right along with the posting requirements for 30.06 not required to be posted on every public entrance. And many more gun laws on the books. Just doesn't make sense. Anyone who can legally posses a gun can carry concealed in their vehicle and does not have to inform but a chl holder who has gone through the class and been vetted by an extensive background check does!
     

    Savage20

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    True... But they did recently remove the penalty for not informing. There is no legal penalty for not informing, but in my experience volunteering it up front makes it more likely for you to get out of the ticket.
     

    Mike1234567

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    Nope and that is where I find this law odd. Goes right along with the posting requirements for 30.06 not required to be posted on every public entrance. And many more gun laws on the books. Just doesn't make sense. Anyone who can legally posses a gun can carry concealed in their vehicle and does not have to inform but a chl holder who has gone through the class and been vetted by an extensive background check does!

    I find that a bit odd.
     

    txinvestigator

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    Seems to be a conflict, am I missing something?

    Yeah, I could have worded it better.

    A CHL holder is required ti display his license anytime a peace officer or magistrate demands that the person ID himself, if the person is carrying a handgun on or about his person. Period. The law does not limit that requirement to times when you are carrying under the authority of a CHL.

    For example, if you are carrying a handgun in a car, you are not generally carrying under the authority of a CHL. So if a cop demands you ID yourself, then you must display your CHL. If you are at home and are carrying, it is not under the authority of a CHL, but if a cop demands your ID, you gotta cough up the CHL too.

    Some laws only are in effect if you carry under the authority of the CHL, for example; 30.06. If you have a CHL and carry in your car, a 30.06 sign at a parking lot would not apply to you in your car in the parking lot.
     

    txinvestigator

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    I disagree with chl holders having to present their CC license when a weapon is not on their person (IE when in the console) when non CHL holders are not held to this requirement, but as stated earlier in this thread, that is the way the law is written and it sure doesn't hurt your chances when dealing with a LEO.

    Now if the weapon is on your person, that is a different story.

    Can a non CHL holder legally have a weapon concealed on their person (say an IWB holster) if they are driving in their vehicle?

    It matters not if the handgun is on your person, or about your person. CHL holders must present the CHL regardless of where the handgun is carried if it is on or about the person.

    Yes, a non CHL holder can carry a handgun on his person while in a vehicle.
     

    TXAZ

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    Not a LEO, but work with a bunch of them. Their consensus is hand them both whether or not you're carrying, as they're going to know it when they run your DL, and they prefer to avoid all surprises. Their further consensus was that for a polite CHL holder, you're more likely to get a warning than a non CHL unless you did something really stupid (DUI, school zones, .....)
     

    kyletxria1911a1

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    Not a LEO, but work with a bunch of them. Their consensus is hand them both whether or not you're carrying, as they're going to know it when they run your DL, and they prefer to avoid all surprises. Their further consensus was that for a polite CHL holder, you're more likely to get a warning than a non CHL unless you did something really stupid (DUI, school zones, .....)

    Yep
     

    SmokeyWhisper

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    Jun 5, 2014
    39
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    Ft. Worth
    Lots of nice replys. Mine was a simple case of not ever having been pulled over since I got my CHL and not knowing what I really should have done. Now I know, and knowing is half the battle. If you do get pulled over, a reminder from me...
    1. Pull in a safe location for you and the officer. You can drive until you find a safe spot, it doesn't have to be exactly where he turns his lights on.
    2. Roll down the window, put the vehicle in park, turn off the ignition and rest you hands on the steering wheel with your fingers fanned out.
    3. Don't reach for anything like a wallet or insurance. That all can wait.
    4. Be polite and don't lie. If he asks you something, you don't have to respond per your 5th amendment right but things can go smoothly if you are just honest.
    5. Don't get all mouthy about your rights and what you know. If you feel that your rights are being violated in some way then take what ever action you wish but be warned, some of these guys love to remind you who is writing the ticket!
    Ohh... and hand them your CHL with the license and let them know if you are carrying or not!
     

    txinvestigator

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    May 28, 2008
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    Lots of nice replys. Mine was a simple case of not ever having been pulled over since I got my CHL and not knowing what I really should have done. Now I know, and knowing is half the battle. If you do get pulled over, a reminder from me...
    1. Pull in a safe location for you and the officer. You can drive until you find a safe spot, it doesn't have to be exactly where he turns his lights on.
    That is not a good idea. Officers are trained to look for safe spots and will activates their lights when they want you to pull over. In fact, Texas law requires you to pull to the right and come to a complete stop when an emergency vehicle approaches. If the officer wants you to proceed to somewhere else, he will tell you.

    2. Roll down the window, put the vehicle in park, turn off the ignition and rest you hands on the steering wheel with your fingers fanned out.
    3. Don't reach for anything like a wallet or insurance. That all can wait.
    4. Be polite and don't lie. If he asks you something, you don't have to respond per your 5th amendment right but things can go smoothly if you are just honest.
    5. Don't get all mouthy about your rights and what you know. If you feel that your rights are being violated in some way then take what ever action you wish but be warned, some of these guys love to remind you who is writing the ticket!
    Ohh... and hand them your CHL with the license and let them know if you are carrying or not!


    Pretty right on.
     
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