unusual stop

This is a discussion on unusual stop within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; i copied this off of texaschlforum its a strange and horrible occurrence caused by some fascist cop...anyway what do you guys think of this..... I ...

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Thread: unusual stop

  1. #1
    VIP Member Array stormbringerr's Avatar
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    Thumbs down unusual stop

    i copied this off of texaschlforum its a strange and horrible occurrence caused by some fascist cop...anyway what do you guys think of this.....

    I took my CHL class about six weeks ago. I checked online this past Friday, and my status was still pending. Tonight, on my way home from picking up my son from daycare, I was pulled over in Plano. The officer informed me that he pulled me over for having no front license plate. At least 20% of the cars in Plano don't have front license plates, and it's not checked during state inspection, so...well that's another story I guess.

    Anyway, the officer goes back to his car to check my license. When he got back, he asked me if I had a concealed weapon in the car. I told him that I did, and I was politely asked to exit the vehicle with my hands visible. No problem. He then asks me why I didn't provide him with my CHL and inform him that I was carrying. According to his computer, I have an active license. I told him that I hadn't received the license yet, and that I didn't even know that I had been approved. He didn't care, and he informed me that he was filing a report with DPS about my "violation" and that I would have to take it up with them to clear up the matter. I was shocked. I asked him what I should have done. Don't I have the right to have a concealed weapon in my car without a license? He said the violation wasn't the weapon, it was not providing the CHL. He acknowledged that IF I was telling the truth, then there is a loophole in the system. And that's not his problem.

    What am I supposed to do now? Am I going to lose my license before I ever even get it? I am so upset. I played by the rules and did everything that I was supposed to do. And now if feel like I'm being punished for it. This feels a lot more like gun registration.
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  3. #2
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    The computer shows you have been approved so the officer does not know otherwise. He may think that you have it and just neglected to inform him.

    Officers get lied to so much that sometimes its hard for them to accept the simple truth. He knows that if your story is true, everything will be OK, and if it is a fabrication, that will come out too.

    Call DPS and inform them of the situation.Ask to talk to a supervisor.Dont stop until you are sastified.
    The further a society drifts from the truth, the more it will hate those that speak it...- George Orwell

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  4. #3
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    DPS will be able to fix this
    this guy should have plastic in hand by now and he should get the postmark date/time on the envelope, if not DPS will have the date they mailed it and should all get cleared up


    UPDATE
    this guy is having to have a justice court hearing since the Plano officer forwarded to citation to DPS
    the poor guy's CHL envelope was postmarked the day he got stopped so this should be a no brainer dismissal....but should never have happened in the first place
    Last edited by 64zebra; May 20th, 2009 at 09:41 PM. Reason: updated info
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    Member Array glock man's Avatar
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    Quote Originally Posted by stormbringerr View Post
    i copied this off of texaschlforum its a strange and horrible occurrence caused by some fascist cop...anyway what do you guys think of this.....

    I took my CHL class about six weeks ago. I checked online this past Friday, and my status was still pending. Tonight, on my way home from picking up my son from daycare, I was pulled over in Plano. The officer informed me that he pulled me over for having no front license plate. At least 20% of the cars in Plano don't have front license plates, and it's not checked during state inspection, so...well that's another story I guess.

    Anyway, the officer goes back to his car to check my license. When he got back, he asked me if I had a concealed weapon in the car. I told him that I did, and I was politely asked to exit the vehicle with my hands visible. No problem. He then asks me why I didn't provide him with my CHL and inform him that I was carrying. According to his computer, I have an active license. I told him that I hadn't received the license yet, and that I didn't even know that I had been approved. He didn't care, and he informed me that he was filing a report with DPS about my "violation" and that I would have to take it up with them to clear up the matter. I was shocked. I asked him what I should have done. Don't I have the right to have a concealed weapon in my car without a license? He said the violation wasn't the weapon, it was not providing the CHL. He acknowledged that IF I was telling the truth, then there is a loophole in the system. And that's not his problem.

    What am I supposed to do now? Am I going to lose my license before I ever even get it? I am so upset. I played by the rules and did everything that I was supposed to do. And now if feel like I'm being punished for it. This feels a lot more like gun registration.
    I don't think I understand this.. If it is legal to have a concealed weapon in the car without a permit -- why get a permit? If it is not then why did you have a concealed weapon in the car without your permit??

  6. #5
    VIP Member Array stormbringerr's Avatar
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    Quote Originally Posted by HotGuns View Post
    The computer shows you have been approved so the officer does not know otherwise. He may think that you have it and just neglected to inform him.

    Officers get lied to so much that sometimes its hard for them to accept the simple truth. He knows that if your story is true, everything will be OK, and if it is a fabrication, that will come out too.

    Call DPS and inform them of the situation.Ask to talk to a supervisor.Dont stop until you are sastified.
    the cop is the one that informed the dps about it to begin with.
    -----------------------------------------------------------------------------------------------------------------

    Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.
    ― Thomas Paine

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    VIP Member Array nedrgr21's Avatar
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    Glockman, think about concealed carry a bit. Bet you figure it out on your own.

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    VIP Member Array stormbringerr's Avatar
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    and here is an update he writes

    Just an update...I got an email today from the DPS in Austin. They let me know that they have now received a suspension request from Plano PD for failure to present my license. So they have to forward it on to the Justice Court, and I will have to go appeal it.

    What gets me is that I left a voicemail for the officer a week ago, offering him copies of my postmarked envelope from the DPS (with the same date as my traffic stop) and an affidavit from the DPS about my CHL date of issue and the know 7-10 day mailing period. HE NEVER RESPONDED TO MY CALL, and he most likely sent in the suspension request AFTER my call. So this officer doesn't care whether the charge is unfounded or not. He doesn't care that it's obviously a waste of time and taxpayers' money. It seems that he just doesn't like CHL holders, period. I guess some officers don't think citizens should have to right to arm themselves outside of their homes. I guess it was a good thing I wasn't in a hurry to go say goodbye to my dying mother-in-law in the hospital or something...he might have threatened to arrest me too.
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    Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.
    ― Thomas Paine

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    VIP Member Array stormbringerr's Avatar
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    sieg heil to this particular Plano ppd,

    i really hope this cop gets severly reprimanded for this.
    -----------------------------------------------------------------------------------------------------------------

    Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.
    ― Thomas Paine

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    I think the officer had no way to know that the individual had not actually received his license. Now how he responded, well... that's another story!
    ALWAYS carry! - NEVER tell!

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    Member Array ncglock's Avatar
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    you'll get a receipt with the actual pick up date, take that with your CHL to the county records or clerks office and you should be good. You could even ask the clerk to make a call for you when you pick up the CHL. Weird story

  12. #11
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    It seems that he just doesn't like CHL holders, period. I guess some officers don't think citizens should have to right to arm themselves outside of their homes
    Sounds to me like he dosent have enough sense to pour piss out of a boot.
    The further a society drifts from the truth, the more it will hate those that speak it...- George Orwell

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    New Member Array JeffinTX's Avatar
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    Hey Stormbringerr.... I am just north of you. You are definetly covered having the firearm in your vehicle under the Texas Castle Law. No problems there. You are not in a active status with your CHL so you are not required to tell a officer you have a CHL. You could've informed the officer that you had not received any documentation from the state that you are in a active status. I have noticed many law enforcement officers are 50/50 about citizens carrying guns. They respect your consitutional right of having a weapon. They just don't want you carrying one around. Times are changing. Laws are changing. More people will be carrying firearms for self defense. The police need to respect law abiding citizens who carry. They mostly arrive after a crime.

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    O.K. First, I'm going to say that I don't appreciate the name calling directed at the cop with the word, "Fascist."

    As has been pointed out, the officer had no way to know what was going on, thought the guy failed to present a CHL as required by Texas law, and the officer acted accordingly. It does not sound like the officer violated any law, or that was particularly or unnecessarily rude or impolite, and further, I think an actual arrest could have been made instead of the citation being issued. So, that part went a little easy actually.

    This situation is one of those weird ones that validate Murphy's law that states anything which can go wrong will, and usually in the worst possible way.

    It should be something that can be straightened out---maybe not easily-- but it should be fixable.

    The officer seems to have done his job correctly with the info that he had, and as someone pointed out folks do lie to them all the time.

    This is one where a bit a a more laid back attitude and some good humor will go a long way to smoothing over sore feelings.

    I am absolutely opposed to unlicensed car carriage, which I think should not have been made legal anyway. But The Leg in its wisdom chose to do that instead of repealing the old travel rules, and so here we have it, the unintended screwy consequences of requiring chl holders to present a license while unlicensed folks are able to car carry. It is strange law, with some strange outcomes. This story being one.

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    Member Array Trumpetchuck's Avatar
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    They instruct us in Michigan at the CPL classes that once the sheriff's dept. starts the investigation process you are in the system

    We are told that even before we actually receive the CPL, that if stopped we must inform the officer that we have applied for but do not yet have a CPL.
    "Don't be afraid to see what you see.
    -Ronald Reagan-

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    Member Array John Luttrel's Avatar
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    Quote Originally Posted by Hopyard View Post
    O.K. First, I'm going to say that I don't appreciate the name calling directed at the cop with the word, "Fascist."

    As has been pointed out, the officer had no way to know what was going on, thought the guy failed to present a CHL as required by Texas law, and the officer acted accordingly. It does not sound like the officer violated any law, or that was particularly or unnecessarily rude or impolite, and further, I think an actual arrest could have been made instead of the citation being issued. So, that part went a little easy actually.

    This situation is one of those weird ones that validate Murphy's law that states anything which can go wrong will, and usually in the worst possible way.

    It should be something that can be straightened out---maybe not easily-- but it should be fixable.

    The officer seems to have done his job correctly with the info that he had, and as someone pointed out folks do lie to them all the time.

    This is one where a bit a a more laid back attitude and some good humor will go a long way to smoothing over sore feelings.

    I am absolutely opposed to unlicensed car carriage, which I think should not have been made legal anyway. But The Leg in its wisdom chose to do that instead of repealing the old travel rules, and so here we have it, the unintended screwy consequences of requiring chl holders to present a license while unlicensed folks are able to car carry. It is strange law, with some strange outcomes. This story being one.
    Actually I agree with you about the officer doing his job as well as the fact that people lie to them on a regular basis. The officer simply handled the stop with the facts that the state provided him with at the time; it is unfortunate that there is an lapse of info between the state and the approved card holder via snail mail, while the officer gets his info almost immediately electronically.

    I will how ever have to respectfully disagree with you on the car carry law. This law is for the people that do not wish to carry a weapon on their person all the time, yet wish to have an effective means of protection while on a journey. Case in point, is my lovely wife, who is not interested at this time in becoming a CHL holder, yet carries a semi-auto .380 in her center console when traveling alone. It is just a little assurance, if heaven forbid she becomes the target of a BG while traveling alone.

    Under the law as it stands now, she is not bound to tell an officer on initial contact that she has a concealed weapon in her car unless asked. I have instructed her not to mention anything about the weapon during a stop, unless the officer asks her if she has one, or asks to do a vehicle search; at which time she is to let the officer know about the weapon and politely allow the vehicle to be searched.
    John Luttrell

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