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About LinkBacksSorry if this has been asked before but do you have to inform LEO that you have a CHL and are armed if you are a passenger in a vehicle that has been stopped? I don't remember that being mentioned in my CHL class.
This is a discussion on Texas CHL within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Sorry if this has been asked before but do you have to inform LEO that you have a CHL and are armed if you are ...
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Sorry if this has been asked before but do you have to inform LEO that you have a CHL and are armed if you are a passenger in a vehicle that has been stopped? I don't remember that being mentioned in my CHL class.
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If you are stopped on traffic and are asked for ID, the law still says you should display your license. As I read the law, it applies to both drivers and passengers, but only if you are asked for identification. However, there is no longer any penalty attached to failure to display your CHL. It is unusual for a passenger to be asked for ID unless there is a seat belt violation or the like, so it would ordinarily be a non-issue.
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The code says nothing about where you are. If your in a car, on a boat, on the street, in a restaurant, no matter where you are, if you are asked for ID and you have a gun on or about your person, you are required to display your ID and your CHL.
If you not asked for ID, the statute doesn't apply to you, if your asked for ID, follow the law.
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.
Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
www.ddchl.com
Texas CHL Instructor
Texas Hunter Education Instructor
NRA Instructor
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I figure its a don't ask then wont be telling situation as the passenger.
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Keep in mind that an LEO can ask any person in a car to identify themselves, during a legally justifiable traffic stop. I can't cite the case law, which was a SCOTUS ruling, from memory, but I understand it is still in applicable. While there is no longer a penalty prescribed, for not presenting the CHL, it IS still a violation of the law. It remains to be seen what that entails. An incident report can certainly be generated, and the relevant form forwarded to Austin, even if there is no penalty.
Keep in mind, that before the CHL system existed in Texas, we LEOs considered it polite, and the safe thing to do, if we were ever detained by a fellow LEO, to identify ourselves, and state that we were carrying.
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Originally Posted by Rexster
So if I am a passenger in a vehicle that is pulled over I should immediately notify LEO even if he is not addressing me? I have no problem with that. I just want to make sure I am in compliance.
Scenario:
Officer pulls vehicle over and asks driver for DL and proof of insurance. I (passenger) should say "Excuse me officer. I need to inform you that I am a CHL holder and I am currently armed. How would you like to proceed?"
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Ernie, keep your mouth shut and don't speak unless spoken to. You only have to show ID if asked, and there is no penalty for not doing to except dealing with a pissed cop anyway.
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"...on a boat..." Interesting issue, Farron. Several years back, when I was re-upping my Instructor license, I brought up to a member of the DPS legal department the matter of lake patrolmen asking for boat registration and fishing license. They don't ask for "ID" and you don't need a DL to drive a boat. I was told that unless a driver's license was requested, there was no requirement to display the CHL. That was when it was still potentially a 90 day license suspension for failure to display. Obviously, the statute reads much more broadly, as you've indicated. Just goes to show...
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I agree. I have decided I will hand the officer my DL and CHL, IF asked for ID, if I were pulled over,for example. I am not going to start telling an officer ' I have a gun,it is at 4 o'clock,blah, blah',as the officer walks up to my car. Think of the alarm bells that could set off. You, an LEO,walk up to a strangers car,and the first thing you hear is,'I have a gun" I know a retired LEO that made it very simple for me. He said, 'follow the law, and do not be nervous, you have a CHL and you are not a criminal'
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No, I would not be blurting out hey officer I have a CHL and a gun, or whatever. If your not asked for ID, sit there and be quiet while your driver deals with whatever infraction he was pulled over for.
No, I am armed, how would you like to proceed, none of that. Even if the officer asks for my ID, I am going to give him my DL and CHL and keep my hands in plain view with no sudden moves. If he is reasonably smart, he will know why I have given him both.
So far that has worked and never have they asked where the gun was or anything other than thanking me for letting them know.
Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
www.ddchl.com
Texas CHL Instructor
Texas Hunter Education Instructor
NRA Instructor
no need to blurt out if you're a passenger, unless you are asked for ID (not necessarily DL, law says ID) don't do anything
you blurting out something only adds to the mix the officer is dealing with, just chill
LEO/CHL
Certified Glock Armorer
not enough space for list, main gear: duty-G17, S&W 642 bug, 870, RRA AR-15; G30 off-duty
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If loose gun laws are good for criminals why do criminals support gun control?
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