Recently Confused...please help

[DCortez]

because I"m not the bad guy.

I must be extra sensitive. It has always bothered me to be asked by the cops for anything but my license and insurance. Where I'm going and what I'm doing is none of their business. The last time I got pulled over, I really did not appreciate the cops questioning my wife while they had me outside my vehicle.


My offense? No front license plate. I just had the wife's Suburban painted and bumper replaced. The screw holes didn't line up with the plates.


Wow, I didn't realize how much it cheesed me off til I started typing.

 

[hoggie96]

HOLY COW...is paranoia running rampant on this thread or am I just naive? I don't mean this in an insulting manner, but is this really a widespread problem?

Hands up...how many of you have actually had a problem with LEOs over a weapon? How many of you have EVER been questioned about a weapon if you didn't produce your CHL first?

Stories of friends or your brother-in-law's second cousin's mother don't count. First hand, personal experiences only please.

I for one have never had a problem. Yes, I've caught LEOs on bad days. However, I honestly don't get pulled over that often. I guess it pays to follow the rules of the road. If I'm late, then I'm late. My tardiness does not outweigh the safety of others on the road IMO.

 

[DCortez]

HOLY COW...is paranoia running rampant on this thread or am I just naive? I don't mean this in an insulting manner, but is this really a widespread problem?

Hands up...how many of you have actually had a problem with LEOs over a weapon? How many of you have EVER been questioned about a weapon if you didn't produce your CHL first?

Stories of friends or your brother-in-law's second cousin's mother don't count. First hand, personal experiences only please.

I for one have never had a problem. Yes, I've caught LEOs on bad days. However, I honestly don't get pulled over that often. I guess it pays to follow the rules of the road. If I'm late, then I'm late. My tardiness does not outweigh the safety of others on the road IMO.

You'd have to tell me more about yourself for an answer.


Cops on a bad day is Joe Campos Torres getting a 20' diving lesson followed by a swimming lesson all while handcuffed. Imposing upon, and not respecting my rights, is a good day.


I've had lots of good days.

 

[MAPS1350]

Yup...paraniod over here. I've been pulled over twice. Not a big deal. WE do have a new LEO in the neighborhood who's been on the rampage for about a month now.....the FEW times I've seen him NOT on the side of the road....he's been doing the major craneneck thing checking everyone out just looking for someone to pull over. He's been hanging out in the area within the mile around my house. I drive in and out of my house at least 4 times a day (take brother to work...pick him up...out, in, out, in). I think at least once a day I see him pulling someone over. More most of the time. ANd I've seen him several times with two or even three cars pulled over. And no...I"m not in downtown. lol

Yeah..a bit paranoid.....new LEO to the area and the new info about this whole thing has me a bit worried. And I've got people, LEO's included, who've said "yeah...they'll take you straight to jail", and I've thought "well....how often do people get pulled over anyways?" twice for me in 9 years. But on the other hand.....it looks like this guy is just itching to help people follow the law. lol

April

 

[Ruger]

We just talked about this in the Gun Legislation forum, under "Any Laws pertaining to a concealed" thread. Read my story. I dont care what anybody, any laws, statues, lawyers etc. say. Do not ride, or travel concealed or un-concealed without a CHL in Houston or surrounding areas (Fort Bend). You will go to jail, regardless of what you are doing. It could be a minor offense, (taillight, no plate, etc.) When they ask if any thing is in the car, and you say yes, you are then going to jail, and wont be charge with the minor offense, but the larger one (UCF). You can also lie, but that just makes it worse and then you are still going to jail. But what gets under my skin, is that after you bail out, hire a lawyer, go to court, pay fines, they give you the gun back. So whats the point. I think its a money thing personlly, but thats another thread. So Mrs. GM.Chief's wife, carry some mace, and pray every morning, or get your CHL.
(And yes I am talking, or typing from experience)

 

[GM.Chief]

HOLY COW...is paranoia running rampant on this thread or am I just naive? I don't mean this in an insulting manner, but is this really a widespread problem?

Hands up...how many of you have actually had a problem with LEOs over a weapon? How many of you have EVER been questioned about a weapon if you didn't produce your CHL first?

Stories of friends or your brother-in-law's second cousin's mother don't count. First hand, personal experiences only please.

I for one have never had a problem. Yes, I've caught LEOs on bad days. However, I honestly don't get pulled over that often. I guess it pays to follow the rules of the road. If I'm late, then I'm late. My tardiness does not outweigh the safety of others on the road IMO.

First off, this thread is concerning those of us who drive WITHOUT CHL's.

Secondly, while there are many wild rumors/bad stories out there, you shouldn't discount all non-firsthand stories either because s#!t happens. 1000's of Germans had know idea Hitler was having the jews murdered in camps, but it was true. Others heard stories about it and just dismissed it.

Thirdly, we too try to follow the rules of the road, but hey, we're not perfect. Besides that, there are many things you can get pulled over for beside bad driving (i/e. tail light out, broken turn signal, etc.) , not to mention you may swerve a little when a 3 year old with a really good arm throws a toy at your head...lol

Now, as to the matter at hand. As in the OP, my wife went to a survival meeting where a speaker told the group that if you are unlicensed(no CHL) and you get pulled over (in Harris county), and they find out you have a gun in the car, they will arrest you on the spot and impound your vehicle and gun. You will then have to go before a judge to get the situation resolved. Part of the reasoning is that an officer is not able to make the judgement in the field of if you can legally have the gun.

My wife spoke to me about it, and I told herthat from all my research and understanding, it is perfectly legal to have a gun in the car for defense as long as it was concealed and that if its concealed, they won't know anyways. She then wrote the OP in my SN to try and get some clarification on the matter. At the same time, while she was in Target she spoke with a local deputy who then confirmed to her that the policy is that if you are not a CHL holder and you have a gun in the car that will take you less than two separate distinct steps to get out and into play, they will arrest you. This from the local LEO.

Now my wife feels that since she doesn't lie, that it is now too much risk to keep a gun in the car for protection. I disagree, but that's me. Regardless, we are planning on taking our CHL class at the end of this month after I get back to TX, but looking at the wait times everyone is expeiencing, I'm not exactly thrilled to have her remain unarmed when we have the option to protect ourselves and our children. Personally it seems like an infringement of rights for them to do this if state law says its ok.

 

[Ruger]

My thoughts exactly, that is why I appericate this forum so much, I wish I would have read something like this a couple years ago, and avoided the hassel. But do you think that all this could be avoided if you had to get your CHL before you can purchase a gun. You know you cant purchase a car without a drivers license

 

[GM.Chief]

My thoughts exactly, that is why I appericate this forum so much, I wish I would have read something like this a couple years ago, and avoided the hassel. But do you think that all this could be avoided if you had to get your CHL before you can purchase a gun. You know you cant purchase a car without a drivers license

I think that would be an even bigger infringement on my right to bear arms. I should not need a CHL in the first place, but the fact remains that there are thousands of people who buy guns for recreation and home defense who have no desire to carry, so why would we require them to sit through a full day course and shooting test. Why give the legislators more power and make it harder for people to enjoy the 2A rights? That's like the people who want to bitch about how the CHL shooting test is too easy and then turn around and say we shouldnt need a test in the first place. Pick one or the other, but they do not go together. Either it is a right as an American citizen and we shouldn't need one, or it is a privelege to be doled out by the government. We will take the CHL class and shoot the test because that is now the law, regardless of what the Constitution says. And in the meantime, my wife will make sure that the handguns are in their little plastic case behind the drivers seat or in the back of the minivan so she doesn't have to worry about the hassles or risks involved from LEO if she were to get pulled over for whatever reason.

 

[Ruger]

That was just an idea. Nothing that I believe in. I am a strong believer in 2A rights, but I've been persucated too many times to see someone else go down the same path. So be careful, and yes I STILL CARRY.atriot:

 

[Ruger]

Dont tell anybody

 

[DCortez]

I think that would be an even bigger infringement on my right to bear arms. I should not need a CHL in the first place

+1

 

[hoggie96]

I didn't mean to start a fight...

I apologize. I didn't realize that this post was for non-CHL people only. I assumed anyone was invited and I wasn't looking to start a fight. I don't know if you felt that this was a personal attack on your wife, it absolutely was not meant to be. If it was taken as such I apologize to you both.

However, if you read my first statement closely my primary question was, 'is this paranoia or am I truly that naive'? I am not trying to be flippant. This was meant to be as serious a question as the OP.

I've only had my CHL only a few weeks and I live in Harris county and was looking for an serious answer not looking to attack or be attacked by anyone.

And please let's not delve into hyperbole when making analogies. The Hitler reference, while absolutely true, was a bit overboard. I was just trying to get an accurate metric from those that frequent these forums. I think we all know that many times "friend-of-a-friend" accounts aren't as accurate as we would like to think, especially on the i-net.

 

[DCortez]

The Hitler reference, while absolutely true, was a bit overboard.

I disagree.


BTW, I don't think anyone was offended or felt attacked by your post.

 

[GM.Chief]

I apologize. I didn't realize that this post was for non-CHL people only. I assumed anyone was invited and I wasn't looking to start a fight. I don't know if you felt that this was a personal attack on your wife, it absolutely was not meant to be. If it was taken as such I apologize to you both.

However, if you read my first statement closely my primary question was, 'is this paranoia or am I truly that naive'? I am not trying to be flippant. This was meant to be as serious a question as the OP.

I've only had my CHL only a few weeks and I live in Harris county and was looking for an serious answer not looking to attack or be attacked by anyone.

And please let's not delve into hyperbole when making analogies. The Hitler reference, while absolutely true, was a bit overboard. I was just trying to get an accurate metric from those that frequent these forums. I think we all know that many times "friend-of-a-friend" accounts aren't as accurate as we would like to think, especially on the i-net.

I was not offended, nor was it taken as an attack on me or my wife. It also is not only for people without CHL's to respond to. I was merely clarifying since from your post it seemed like you had either misunderstood the OP or hadn't read it, that the problem was people without CHL's driving with a gun in the car (i/e for personal protection, not just traveling to a range). As seen by my wife's (Maps1350) response as well, there was no offense taken as for her it is a slight bit of paranoia. And I believe I did answer that question of is it just paranoia, but I will again. No it is not...local LEO confirmed it.

I disagree however as to my example. I do not think that it is off base. I was not using it as an attack or to say you are a hitler, just saying don't always discount things because the story is not first hand info. I do however agree, many, if not most friend of a friend accounts are not accurate, but they can still be valid.

I do apologize if you feel I was attacking you as that was not my intent. I was trying to answer your specific questions and comments to the best of my ability. Unfortunately, due to the medium by which we are communicating, you cannot see or hear my actual tone and so I can understand where it would seem that I was being a little stern. Again, not my intention.

 

[Eli]

We just talked about this in the Gun Legislation forum, under "Any Laws pertaining to a concealed" thread. Read my story. I dont care what anybody, any laws, statues, lawyers etc. say. Do not ride, or travel concealed or un-concealed without a CHL in Houston or surrounding areas (Fort Bend). You will go to jail, regardless of what you are doing. It could be a minor offense, (taillight, no plate, etc.) When they ask if any thing is in the car, and you say yes, you are then going to jail, and wont be charge with the minor offense, but the larger one (UCF). You can also lie, but that just makes it worse and then you are still going to jail. But what gets under my skin, is that after you bail out, hire a lawyer, go to court, pay fines, they give you the gun back. So whats the point. I think its a money thing personlly, but thats another thread. So Mrs. GM.Chief's wife, carry some mace, and pray every morning, or get your CHL.
(And yes I am talking, or typing from experience)

How do I state this again more clearly?
IT IS NOT AGAINST THE LAW IN THE STATE OF TEXAS TO HAVE A HANDGUN IN YOUR VEHICLE.
YOU WILL NOT BE ARRESTED IN HARRIS COUNTY FOR DOING SO - CHUCK ROSENTHAL IS NO LONGER IN OFFICE AND WAS TOLD BY THE ATTORNEY GENERAL NOT TO DO SO.
In Harris County, you are not arrested without a warrant by any county agency unless the DA authorizes it (ask me how I know). Cops are not lawyers and do not know the law.
If you're really that paranoid about it just print out the relevant statutes and keep a copy in your glove box next to your pistol, or tell the cop to look in his Gould book and find what law you're breaking.

Eli

 

[Eli]

PENAL CODE  CHAPTER 46. WEAPONS

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

 

[usmcpmi]

MAPS, If there is a "new kid" in town that is causing a stink, talk to your neighbors and file a complaint with his agency. List your concerns and his actions that you (and others) are concerned with. Video of him driving with his head on a swivel, following too closely, etc. is helpful. See if his attitude changes..... if not, then take some time out and follow HIM around with the camera and then talk to the local NEWS station about his behavior.....MG

 

[Eli]

Maps, I just noticed "Location: 1488 and 2978", I was justthrough that intersection today. I have 2 teenage cousins that live off of 1488 west of there.
The MCSO and constables out there seem to largely be under-trained big-department rejects. My uncle had it out with one of the constables, they're "good ol' boys" that are piss-poor at law enforcement and like to bully - including the constable himself, who told my peace officer class 10 years ago (as a guest teacher) that violating protective orders "are a civil matter". My understanding is that he didn't teach any of the subsequent classes at that academy, as any peace officer that doesn't make an arrest for violating a protective order is himself guilty of a crime.
My advice for any systematic abuse by law enforcement in TX is to file complaints with both the employing agency and TCLEOSE. The agencies tend not to react, but TCLEOSE will come down upon them like the fist of an angry god if they deserve it.

Eli

 

[Ruger]

Appreciate that Eli, but when I get off probation for UCF, I plan to go get my CHL and hopefully not have to go through this again, BTW who is TCLEOSE???

 

[Gutshot]

In this state anyone legal to own a weapon can carry a in or out of sight firearm in their car. I would suggest to put one in your car and by yourself drive around town or go on a short road trip or two. after awhile it becomes natural. You have to teach your kids gun safety and for them to tell or show any of your firearms to other kids. differently like to show off too much. Welcome to Texas. We think and act totally different down there. We like our freedoms more too and will fight to preserved them. We don't like a lot of government and try to keep that way. We tend to be conservative and vote that way compare to the rest of the nation.


Gutshot