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Duty to Notify Law Enforcement You Are Armed.

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  • k9texas

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    Mar 4, 2018
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    This question has to do with the LEGAL obligation, not the common sense approach of always doing it. So you have a carry permit and a concealed handgun. Now getting stopped for a traffic violation is obvious but what about ON FOOT ? If a police officer just begins a conversation while you are walking in a park, lets say starts asking you about the breed of your dog, or if you witnessed a car accident. If YOU walk up to an officer to ask directions. Nothing where he is asking you for ID or taking any enforcement against you...Do you see where this is going? WHERE is the LEGAL line drawn? Is it ANY contact or only when you are being asked to produce an ID.

    If you are a carry permit INSTRUCTOR, I would sure like to hear your thoughts.
     
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    Jan 22, 2018
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    lubbock texas
    This question has to do with the LEGAL obligation, not the common sense approach of always doing it. So you have a carry permit and a concealed handgun. Now getting stopped for a traffic violation is obvious but what about ON FOOT ? If a police officer just begins a conversation while you are walking in a park, lets say starts asking you about the breed of your dog, or if you witnessed a car accident. If YOU walk up to an officer to ask directions. Nothing where he is asking you for ID or taking any enforcement against you...Do you see where this is going? WHERE is the LEGAL line drawn? Is it ANY contact or only when you are being asked to produce an ID.

    If you are a carry permit INSTRUCTOR, I would sure like to hear your thoughts.
    If your not being stopped for anything and this is just a conversation... no you aren't obligated too

    Sent from my SM-G930P using Tapatalk
     

    Bozz10mm

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    If a police officer asks for your ID, you must inform that you are licensed to carry. Otherwise no. No need to whip out your LTC if he/she is just passing by or engages in casual conversation. IANAI

    And welcome to TGT.
     

    majormadmax

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    You don't need an instructor to answer this simple question, it's in the Government Code (below).
    Sec. 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.

    http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm#411.205

    The bottom line is, if asked for ID, you must produce a LTC/CHL.

    Otherwise, there is no requirement if a casual conversation is occuring.

    Also note it only applies when carrying...
     

    oldag

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    Even though the law only applies "If a license holder is carrying a handgun on or about the license holder's person", I have had a LEO tell me it is a good idea on a traffic stop to notify them that you have a CHL but are not carrying. The fact that you have a CHL shows up on their computer readout.

    Interestingly, the last time I was pulled over I informed the officer that I had a CHL and was carrying before I moved to get my license (in wallet, in back pocket). I figure he might watch closely as I pulled my wallet out. He could have cared less and did not even glace my way. A couple of other times had similar experience. Seems LEO's place a good deal of trust in CHL holders (and based on the statistics and common sense, with good reason).
     

    Double Naught Spy

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    Yeah, I have been stopped by those overly concerned that I was carrying and those who have no apparent concern I was carrying.

    I had one local LEO who was a bit of a butt. He ID'd himself to me and explained why he had pulled me over and asked for my DL and insurance. I gave him my DL, CHL, and was unfolding my insurance paper for him and he reacted in a stern voice with, "You have to inform me immediately..." to which I replied, "I just did." I had complied 100% with the law (411.205). Apparently, he felt I should have done it verbally before handing him my licenses. I usually do, but didn't this time for some reason and he seemed bent out of shape by it. However, aside from a look of anger, the issue wasn't mentioned again and I got a verbal warning.
     

    easy rider

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    You don't need an instructor to answer this simple question, it's in the Government Code (below).


    The bottom line is, if asked for ID, you must produce a LTC/CHL.

    Otherwise, there is no requirement if a casual conversation is occuring.

    Also note it only applies when carrying...
    I do agree with this, but if asked, even in conversation, I would probably produce the LTC just to keep it from going too far. Not to say I wouldn't advise the officer of my rights in doing so.
     

    majormadmax

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    Note it is technically a requirement to display license, NOT one to inform or notify.

    Obviously it is a courtesy to do so before handing over your LTC/CHL, which is a polite and well-advised gesture but not a requirement under the law.

    In other words, as the statute states, it is not required until ID is demanded by a peace officer or magistrate and the individual in question is carrying...
     

    easy rider

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    Wouldn't it be a lot easier and make more sense for the state to put something indicating LTC, etc. on a person's driver's license?
    It does for the other way around, and it may inform the officer sooner, if the officer hasn't already pulled up your information if it's your vehicle.
     

    Kar98

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    Wouldn't it be a lot easier and make more sense for the state to put something indicating LTC, etc. on a person's driver's license?

    Yeah and if traffic stops were the only thing I needed to show other people my driver's license, that would make sense. But nobody else has a need to know.
     

    Charlie

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    'Top of the hill, Kerr County!
    I've not had interaction with a law enforcement officer since 1982. Except as a friend. Small town, everybody knows everybody. I saw an ex student the other day ............ he's now a detective for the sheriff's dept.
     

    benenglish

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    I try to make a point to not drive someone else's vehicle.
    All four of our vehicles are in my name, but my wife and oldest son primarily drive two of them.
    I have a friend who drives an SUV registered to her husband. Despite being pulled over way too much (she drives like a maniac), she never gets tickets and the officers always seem to know something about her and are always incredibly polite when they issue a warning.

    You don't suppose those license plates that say "Judge" on them have anything to do with it, do you? :)
     
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