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  • SmokeyWhisper

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    Recently, I was involved with a traffic stop. The officer took my license and ran it and came back asking if I was a CHL carrier and if I had any weapons. Of course I told him yes and that there was a loaded pistol in the cinsole. He advised that I should have told him initially that I was armed as a CHL carrier. I reminded him that in Texas, it is not required for a driver to have a CHL when transporting a loaded pistol per the castle doctrine. No ticket in this instance, just friendly advise from the Police. Any thoughts, suggestions or comments on this situation?
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    Glockster69

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    @ OP: You are both correct. If memory serves, under CHL you are to inform if a firearm is "on or about your person" and console clearly fits. I would have informed, why not?
     

    txinvestigator

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    You were wrong.

    Castle Doctrine has nothing to do with where you can carry

    As a CHL holder you are required to display your CHL to a Peace Officer who demands that you ID yourself if you are carrying. That law requires it if you are a license holder, not just if you are carrying under the authority of a CHL.

    Next time hand it over.
     

    mitchntx

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    When I was stopped a couple years ago, with both hands on the wheel, first thing I said was I have a CHL and there is a loaded pistoll next to my right thigh.
    He asked to see the licenses and I said, I'll have to reach to my right rear pocket to get it, near where the gun is.
    He said go ahead and thanks.

    I know giving cops a hard time is the hip thing to do these days.
    Sometimes one needs to pick their battles wisely.
     

    Glockster69

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    As a CHL holder you are required to display your CHL to a Peace Officer who demands that you ID yourself if you are carrying. That law requires it if you are a license holder, not just if you are carrying under the authority of a CHL.
    Seems to be a conflict, am I missing something?
     

    Whisky

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    I believe it's required, along with your DL, to give the fellow your CHL (?)

    somewhat long story but I like to tell it : x-country trip a while back.....I was stopped by a Sheriff Deputy somewhere SE of the Den airport for speeding. the Deputy introduced himself and said the reason he stopped me was that I was 10 mph over the speed limit

    I said, yes Sir, that's exactly what my speedometer was telling me - he sort of chuckled at that and asked for my DL and registration

    I gave him my DL and my CHL and informed him that I had 2 pistols, broken down, in a small portable safe in the back seat area of my P/U (then looking around for my registration I remembered that in Texas the window sticker is all that's required and informed him of this - he said "nope" - so I looked further in the glove compartment and just happened to have the paperwork which the sticker was attached to before mounting, phew.. subsequent to that I've confirmed that only the window sticker is required in Tx, not any other paperwork but I'm always going to keep the other stuff, just in case)

    he "ran" my stuff, came back to the window and said "I see you're not a felon so I'm just going to give you a warning, and thank you for showing me your CHL and telling me you have pistols aboard"

    we chatted for a bit about pistols (his and mine) and I was on my way - driving at, what I promised, the speed limit

    I don't understand why some folks have to act as tho any LEO is an adversary
     

    Shorts

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    You were wrong.

    Castle Doctrine has nothing to do with where you can carry

    As a CHL holder you are required to display your CHL to a Peace Officer who demands that you ID yourself if you are carrying. That law requires it if you are a license holder, not just if you are carrying under the authority of a CHL.

    Next time hand it over.

    THIS.


    Seems to be a conflict, am I missing something?
    What is meant is that you must present your CHL if you have a gun on or about you, not just if it is CCed under your belt, if you are a CHL holder. So, if it's loaded in the vehicle a la Motorist Protection Act, and you are a CHL holder, present your CHL.

    I know, it makes no sense since non CHLers can have a loaded gun in their console and not present anything other than their DL and the Officer would have no indication firearm is or may be present in the vicinity of the driver. But, I digress...
     

    Moonpie

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    Gunz are icky.
    I always present the CHL first, whether I am carrying or not.
    Also inform the officer if there is a weapon or not.
    Has served me well for 20yrs now.
    i do think I've been let off several times for this courtesy.
     

    fishingsetx

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    CHL holders have different responsibilities and privileges than the non-CHL public.
    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?
     

    Army 1911

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    Fish

    Yes a CHL holder can legally have a weapon concealed on their person if driving a car.

    But the law as TXI said states you must inform if you have a weapon on or ABOUT you when in your car. The console, glove box or even a cup holder constitute ABOUT you. Now if you are not a CHL holder then you don't have to tell.
     

    Brains

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    Catch more flies with sugar than with vinegar. I don't see the cops as my enemy, but I also am not willing to divulge any information that would harm a potential court case. So while I may not openly admit to the wrongdoing I'm accused of, volunteering that you are licensed and carrying is part of the law, and I don't see that doing anything but helping in your defense should you need to bring a traffic case to court. More likely than not it wouldn't ever come up. Also more likely that you'll simply get a roadside warning rather than a citation when you're cordial vs. being the "I KNOW MY RIGHTS@!!!@!@!111" dbag. :)
     

    oohrah

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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)
     

    Byrd666

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    When getting pulled over for a driving infraction, I hand the LEO the bifold, removable i.d. carrier from my wallet with my DL, CHL,VA card all in one. As I'm handing it to them, I inform the LEO I'm a CHL and my weapon is (on my hip- in console- in range bag-etc.). Responses range from- "I don't care about that"- "Thanx. I wish more people did that"(unsure of meaning on that one) - "Thank you. Keep it there and we'll be fine" and the response from the Trooper I worked with that didn't recognize my truck was, "Which one today?" The way I look at is like this. They have a tough enough job already, why not just be polite and try to make it easier for them to do their job. And if they can relax with that one "customer" that day, it'll be better for them, and for me.
     

    fishingsetx

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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.

    I think most missed the NON in my last post.

    Is a person who does NOT have a chl allowed by law to have the weapon concealed on their person (ie in a IWB holster)?

    The reason I ask this is because if they are and they do not mention the fact they are carrying and they are asked to exit the vehicle, this could put them in an awkward situation with a LEO. A chl holder would not have that problem.

    Just a curiosity question on my part.
     

    Shorts

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    fishingsetx, you're preaching to the choir. We all hashed out that point when the Motorist Protection Act came out. While as a community we consider it a win for the big picture of 2A freedom, it did rub CHLers the wrong way.
     

    V-Tach

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    I don't give them anything but attitude.....

    I usually start the conversation with...I know my rights......
     
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