Requirement to notify if you are NOT carrying? - Page 2

Requirement to notify if you are NOT carrying?

This is a discussion on Requirement to notify if you are NOT carrying? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Newman5 Any one know about Texas on this issue ? Here's your answer. Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license ...

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Thread: Requirement to notify if you are NOT carrying?

  1. #16
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    Quote Originally Posted by Newman5 View Post
    Any one know about Texas on this issue ?

    Here's your answer.

    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.
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    The answer for Fl is no, carrying or not.
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  3. #18
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    Texas law states that you must inform and present both your DL and CHL to the officer, if you are carrying. There is no official penalty if you don't, but LEOs may still give you grief for not notifying them.

    Texans also have the legal ability to carry in a car (hidden) without a CHL so most LEOs will ask if there is a weapon in the vehicle anyway. In other words, if you are carrying, you really need to show your CHL immediately.
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  4. #19
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    Newman5,

    On a side note, this should have been covered in detail in your CHL class. If not, you should take some time and read the laws in great detail as it will keep you out of trouble (and you already signed a form saying you did in the class...).
    I never let schooling interfere with my education. Mark Twain

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    Make it easy on yourself if you're not sure. "Good afternoon officer, I have a carry license but I'm not carrying right now". If you live in a "Must Inform" state, why take your chances with a LEO that may not be fully aware of the law? Just take a single second to make sure things are clear.
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  6. #21
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    Quote Originally Posted by PIMking View Post
    I think that someone should post the addy's of all those who don't have a gun permit to see how they feel about it
    Not even close to what this thread is about.
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  7. #22
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    IMO it's a damn stupid law if you have to notify law enforcement when you aren't carrying. Who dreams this stupid stuff up? SMH
    " But if you are authorized to carry a weapon, and you walk outside without it, just take a deep breath, and say this to yourself... Baa." Col. Dave Grossman on Sheep and Sheepdogs.

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    I took my CCW class at Black Wing Shooting Center near Delaware, OH. After they discussed the duty to inform when carrying, I inquired about informing when not carrying. I was advised that you are not required to inform when not carrying, however they encouraged that you practice informing anyway just to keep the air clear.

    Personally, I think it would be good practice to acknowledge that you have a CHL and that you are not carrying. I feel that this helps to put the officer at ease since you aren't hiding anything or neglecting your duty to notify, which they assume you have until you've stated that you aren't carrying.
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    Quote Originally Posted by Curzyk View Post
    I took my CCW class at Black Wing Shooting Center near Delaware, OH. After they discussed the duty to inform when carrying, I inquired about informing when not carrying. I was advised that you are not required to inform when not carrying, however they encouraged that you practice informing anyway just to keep the air clear.

    Personally, I think it would be good practice to acknowledge that you have a CHL and that you are not carrying. I feel that this helps to put the officer at ease since you aren't hiding anything or neglecting your duty to notify, which they assume you have until you've stated that you aren't carrying.
    There is a huge difference between encouragement and statement of fact. I encourage them, as well, but am quick to advise them that it is not a legal requirement.
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  10. #25
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    Requirement to notify if you are NOT carrying?

    Quote Originally Posted by Maxwell47 View Post
    Newman5,

    On a side note, this should have been covered in detail in your CHL class. If not, you should take some time and read the laws in great detail as it will keep you out of trouble (and you already signed a form saying you did in the class...).
    Have my class scheduled for two weeks from now . Thanks though

  11. #26
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    In Texas the answer is no, you don't have to show the CHL if you are not carrying.
    That said, before the new car carry law, I was told of someone who was arrested for not showing
    their CHL even though they were not carrying. I was advised at that time to show both whenever.

    As noted above, there is now no penalty for not showing; a totally weird situation has developed in which
    unlicensed folks who are car carrying don't have to show anything or even notify that they are carrying unless asked,
    but a license holder does. It is upside down, and fairly typical of the idiocy of the Texas Legislature.
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    Quote Originally Posted by luvmy40 View Post
    There is at least one local constable in my AO that disagrees with this(I know you're right). He also has a penchant for pulling anyone over who is riding a sport bike, for no apparent reason.
    Shoot - I have a local CLEO that has stated publically that he will stop any open carrier and make him prove he is not a felon. His actions are pattently illegal in OH, but he is on record saying it is his MO.
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    Quote Originally Posted by Hopyard View Post
    In Texas the answer is no, you don't have to show the CHL if you are not carrying.
    That said, before the new car carry law, I was told of someone who was arrested for not showing
    their CHL even though they were not carrying. I was advised at that time to show both whenever.

    As noted above, there is now no penalty for not showing; a totally weird situation has developed in which
    unlicensed folks who are car carrying don't have to show anything or even notify that they are carrying unless asked,
    but a license holder does. It is upside down, and fairly typical of the idiocy of the Texas Legislature.
    It appears that some LEO's don't know the law either. My FIL got pulled over for speeding and the LEO went off on him about not telling him was a CHL holder. He told her it didn't cross his mind since he was not carrying.
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  14. #29
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    Thanks for the replies.

    Agreed, it'd be kinda ridiculous if you DID have to inform if you weren't carrying, but there ARE more ridiculous laws on the books.

    I also appreciated the point made that perhaps it's safest to inform regardless just so that the LEO is not concerned wondering why you did not inform.

    Thanks.

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    Requirement to notify if you are NOT carrying?

    Yes in NC. Taught in CC class to notify immediately upon interaction. I think there is a legal time limit in the legislation before you're considered in violation.

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