Encounter with Texas DPS

[I.B. Pimpin]

I went to Louisiana to do some shopping this morning so I took the opportunity to Open Carry there (as it is legal there). On my way back home, Texas DPS lit me up for speeding. 7 or 8 over the limit, nothing major. He asked for my drivers license. I asked him if I could exit the vehicle first because I was carrying. He said I could. I told him where my gun was so he could disarm me. The Serpa gave him a little trouble at first but he eventually figured it out. He asked me if was a cop. I said no. His next question was "Do you have a CHL?" I answered No. Followed by "Is it stolen?" Again I answered No. He then proceeds to tell me that I can't carry concealed on my person in my vehicle. Although I know this to be complete horse shit because of the "peaceable journey law", I did not argue with him. I simply said OK. Has anyone else run into a situation like this? How did you handle it?

 

[matefrio]

Did he site you for it? If not, seems to me to be a non issue.

Generally on the side of the road or out in public is NOT the time to be arguing legalities and being vocal unless undue force is being used.

Keep the fight in the courts.

 

[txinvestigator]

I went to Louisiana to do some shopping this morning so I took the opportunity to Open Carry there (as it is legal there). On my way back home, Texas DPS lit me up for speeding. 7 or 8 over the limit, nothing major. He asked for my drivers license. I asked him if I could exit the vehicle first because I was carrying. He said I could. I told him where my gun was so he could disarm me. The Serpa gave him a little trouble at first but he eventually figured it out. He asked me if was a cop. I said no. His next question was "Do you have a CHL?" I answered No. Followed by "Is it stolen?" Again I answered No. He then proceeds to tell me that I can't carry concealed on my person in my vehicle. Although I know this to be complete horse shit because of the "peaceable journey law", I did not argue with him. I simply said OK. Has anyone else run into a situation like this? How did you handle it?

You handled it right. Don't argue.

The Trooper, if you accurately represent what he told you, was incorrect. However, the peaceable journey law is a name for a federal law that deals with transporting guns through states that have state laws against the possession of firearms.

The bill in Texas from 2007 that is now codified into law under penal code 46.02 was called the Motorist Protection Act.

Why did you desire to step from your vehicle, and why would you advise the Trooper you were armed?

Oh yeah, did you get a ticket?

 

[I.B. Pimpin]

No he didn't. Just the idea that bad info is being passed around I guess.

 

[matefrio]

You handled it right. Don't argue.

The Trooper, if you accurately represent what he told you, was incorrect. However, the peaceable journey law is a name for a federal law that deals with transporting guns through states that have state laws against the possession of firearms.

The bill in Texas from 2007 that is now codified into law under penal code 46.02 was called the Motorist Protection Act.

Why did you desire to step from your vehicle, and why would you advise the Trooper you were armed?

Oh yeah, did you get a ticket?

If I had a OC gun\holster on and was stepping out of the car I'd inform the officer before I stepped out. I am a bit confused why he asked to be let out of the car.

 

[I.B. Pimpin]

You handled it right. Don't argue.

The Trooper, if you accurately represent what he told you, was incorrect. However, the peaceable journey law is a name for a federal law that deals with transporting guns through states that have state laws against the possession of firearms.

The bill in Texas from 2007 that is now codified into law under penal code 46.02 was called the Motorist Protection Act.

Why did you desire to step from your vehicle, and why would you advise the Trooper you were armed?

Oh yeah, did you get a ticket?

Ok Motorist Protection Act. I will remember that. I wanted to step from the vehicle and notify him of the weapon because reaching for my wallet while sitting in my car would have likely exposed the gun on my hip. Should I not have told him?

 

[JADB]

I'm all for not arguing but I don't think it would have a been a big deal if you simply stated, "I'm sorry officer, I was under the impression from (whatever code or act) that its perfectly legal". If he continues to press the issue and tells you that your wrong but doesn't plan on pursuing it, then drop it. He spoke his peace, you spoke yours. Everybody was polite, safe and make your way on down the road. JMO.

 

[JADB]

Why did you desire to step from your vehicle, and why would you advise the Trooper you were armed?

Oh yeah, did you get a ticket?

Curious about these as well.

 

[matefrio]

Ok Motorist Protection Act. I will remember that. I wanted to step from the vehicle and notify him of the weapon because reaching for my wallet while sitting in my car would have likely exposed the gun on my hip. Should I not have told him?

Keep your hands on the wheel, cab lights on. "Officer I am armed and don't want to startle you." Let him figure out what he wants to do from there. Next question should simply be from the LEO "Where is it?"

 

[I.B. Pimpin]

Ok guys. Am I not required to inform the officer of a weapon during a traffic stop. No I didn't get a ticket. Just a warning for my speed and a "Get your CHL" speech.

 

[I.B. Pimpin]

Keep your hands on the wheel, cab lights on. "Officer I am armed and don't want to startle you." Let him figure out what he wants to do from there. Next question should simply be from the LEO "Where is it?"

Ok duly noted.

 

[JADB]

^^ Nice. Then it was a good encounter.

 

[txinvestigator]

Ok Motorist Protection Act. I will remember that. I wanted to step from the vehicle and notify him of the weapon because reaching for my wallet while sitting in my car would have likely exposed the gun on my hip. Should I not have told him?

I didn't think about you open carrying. Was your gun not concealed on your person? You do not have to inform the officer you have a firearm, but if you were worried about him observing it then you did the right thing.

 

[I.B. Pimpin]

I didn't think about you open carrying. Was your gun not concealed on your person? You do not have to inform the officer you have a firearm, but if you were worried about him observing it then you did the right thing.

Yes it was concealed on my hip. When I crossed the state line into Texas, I just pulled my shirt over it. I just wanted to be sure that I was not breaking the law by concealing in my vehicle without a CHL.

 

[txinvestigator]

Yes it was concealed on my hip. When I crossed the state line into Texas, I just pulled my shirt over it. I just wanted to be sure that I was not breaking the law by concealing in my vehicle without a CHL.

Nope, you were legal.

In fact, under penal code 46.15(b), section 46.02 did not apply to you as you were traveling.

 

[Bithabus]

In my experience when being stopped Troopers are the friendliest LEOs but some have kooky beliefs. Last year a Trooper swore that failing to inform him of my CHL was a class B misdemeanor. I played dumb and remained as non-threatening as possible and the situation worked itself out.

 

[Dawico]

Good call on informing him of your weapon and of not trying to educate him.

 

[Texan2]

especially since it seems neither was sure of the law.

 

[I.B. Pimpin]

especially since it seems neither was sure of the law.

Well I'm sure now.

 

[kyletxria1911a1]

Ok guys. Am I not required to inform the officer of a weapon during a traffic stop. No I didn't get a ticket. Just a warning for my speed and a "Get your CHL" speech.

Take the advice