Duty to Notify Law Enforcement You Are Armed.

[sharkey]

“Yo osiffer, I gotz a gat on me. Why you stop my hoopty?”


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[easy rider]

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?

Naw, and the fact that in an accident I was in, having a judge as a witness in my favor probably had no influence of how the trial went either.

 

[Renegade]

You all realize there is no longer a penalty if you do not inform right?

 

[oldag]

I have found it is usually wise to be on good relations with LEO's.

 

[Renegade]

I have found it is usually wise to be on good relations with LEO's.

I guess you missed the first sentence of the first post:

This question has to do with the LEGAL obligation, not the common sense approach of always doing it.

 

[majormadmax]

I guess you missed the first sentence of the first post:

And the legal obligation was provided in post #4.

As for the lack of any penalty for not doing so, yes, essentially the criminal and administrative penalties for failing to display an CHL upon demand by law enforcement were removed effective September 1, 2009.

That year, the 81st Texas Legislature amended Texas Government Code §411.205 via House Bill 2730 to eliminate the criminal penalty requirements. Before that change, a CHL holder could be charged with a Class B misdemeanor for failing to display their license upon demand by law enforcement.

That same legislature also removed the suspension requirement for failing to display.

However, since OC laws took effect in January 2016 it is now even more critical to carry your LTC! If you are approached while OC'ing, and don't have a license on you, there is a chance that the officer can arrest you under a unlawfully carrying a weapon charge (a Class A misdemeanor) because he/she could not affirmatively identify that the individual OC'ing has an active LTC. Remember that Texas Penal Code §46.15(b)(6)(A) offers nonapplicability of Texas Penal Code §46.02 if the LTC holder is carrying their LTC!

If the LTC holder continues to fail to provide identification after being placed under arrest for UCW, the LTC holder can be subsequently charged with Failure to ID under Texas Penal Code §38.02(a).

Cheers! M2

 

[Renegade]

That year, the 81st Texas Legislature amended Texas Government Code §411.205 via House Bill 2730 to eliminate the criminal penalty requirements. Before that change, a CHL holder could be charged with a Class B misdemeanor for failing to display their license upon demand by law enforcement.

It was a license suspension on first time, and Class B on second.

 

[sharkey]

You all realize there is no longer a penalty if you do not inform right?

If only we could have a duty to inform if a felon with a nice penalty attached


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[oldag]

I guess you missed the first sentence of the first post:

Nope, did not miss the first post. Did you?? I was not replying to the first post, I was replying to your post about what was technically legal.

 

[Fritz]

I've only been pulled over once after having my LTC and I was not carrying at the time so I did not produce my LTC for the officer. I know that they can see it in the system but he didn't mention it either.

 

[pharmaco]

I had a university PD once tell a friend that he forgot to show them his CHL and that he had broken the law.

The guy was helping my buddy get his keys out of his locked single-mom-mobile, and was being pretty nice up until that point.

When he pointed out that his guns were in another county, the LEO said, "doesn't matter, you still have to show it"

 

[easy rider]

I had a university PD once tell a friend that he forgot to show them his CHL and that he had broken the law.

The guy was helping my buddy get his keys out of his locked single-mom-mobile, and was being pretty nice up until that point.

When he pointed out that his guns were in another county, the LEO said, "doesn't matter, you still have to show it"

Forgot? Did he ask for it? A LTC is required when carrying.

 

[Fritz]

Forgot? Did he ask for it? A LTC is required when carrying.

He was not carrying thus why he didn’t show it.


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[pharmaco]

Forgot? Did he ask for it? A LTC is required when carrying.

He gave them his DL because they were using one of those inflatable devices to help slim Jim his car.
They note down the DL so they can make sure they aren't helPing someone to break into an ex girlfriend's car or something.
When they run your DL it notifies them of a CHL.

I know a CHL is required when carrying.

 

[easy rider]

Scare tactic maybe, but not breaking the law.

 

[pharmaco]

Scare tactic maybe, but not breaking the law.

Yeah, it's just meant to be a fun story.
University police at smaller universities are usually not the most knowledgeable.

The chief also gave a speech at the college of pharmacy when we were participating in an empty holster protest.

He asked, "How are we gonna know who the good guys are?"

I keyed my mic and responded, "well we'll be wearing ties, of course".
Lol

 

[BRD@66]

I think that showing CCL "used to be" required whether carrying or not but that proved to be overkill for everyone (licensee & leo) & the law was fine-tuned to "Not carrying-> not required" (unless asked). If I'm wrong, I apologize (especially to Nelson Muntz) in advance.

 

[Renegade]

Law was you had to show CHL if carrying and asked for ID. Failure you to do so was NOT an arrestable offense. LEO would have to file written complaint with DPS. If 1st offense, it was administrative violation - loss of license. 2nd offense, it would be a Class B misdemeanor and they would issue a warrant for arrest.

 

[oldag]

LEO's have suggested to me it is a good thing to say "I have a CHL but am not carrying right now", just to put things at ease.

 

[easy rider]

LEO's have suggested to me it is a good thing to say "I have a CHL but am not carrying right now", just to put things at ease.

It's always easier to notify them if you are carrying or not, no doubt. Just not a law to carry your LTC when you're not carrying.