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Police concerned about change in concealed weapons law

5K views 45 replies 34 participants last post by  Queensidecas 
#1 ·
Is it just me or do all the officers become anti-2nd amendment when they get to the top? In Texas, it's perfectly legal to carry a loaded weapon in your car, with out a license, as long as it's concealed; you have no legal responsibility to inform an officer of that weapon if you are stopped.

Yet up until now, they expected us licensed carriers to be legally bound to notify an officer if we are stopped. They seem to forget that us licensed citizens have been extensively investigated to certify we are non felons, sane, have no violent criminal history and are trained by the state to shoot and safely handle our weapons; in other words, a law abiding citizen.

I fail to see the police unions reasoning on this matter; not to mention, I believe that all officers should treat every traffic stop as if the people in the vehicle are armed, if they wish to go home at the end of each shift.





7:57 AM CDT on Monday, September 7, 2009

By Lee McGuire / 11 News HOUSTON—The president of Houston’s Police Union is concerned that officers’ safety has been put at risk by the Texas Legislature, which quietly relaxed the state’s concealed weapons rules at the end of last session.
The change, which took effect Sept. 1, removes the penalty for not presenting a concealed handgun license to a peace officer if the officer asks to see identification, and if the person being questioned has a hidden weapon. Until this month, the state could suspend a violator’s concealed handgun license for a year.
“People that have the concealed handgun license are our most law-abiding citizens,” said State Rep. Lois Kolkhorst, R-Brenham, who sponsored the legislation. “We felt like losing your license for a year was a bit too punitive.”
Kolkhorst said the removal of the penalty was a decision made at the suggestion of State Rep. Carl Isett, R-Lubbock. Isett could not be reached for comment over the holiday weekend.
Gary Blankinship, president of the Houston Police Officers’ Union, said the new rules could put officers at risk.
“We feel like the way it was was much safer,” Blankinship said. “When an officer is on a traffic stop and he observes a weapon that he wasn’t made aware of, he is going to draw his weapon until he gets the whole scene under control.”
Kolkhorst said she decided to support removal of the penalty because in 2007, lawmakers passed a bill that allowed people who do not have concealed handgun permits to drive with weapons in their cars, as long as the weapons were not visible. This so-called “travelers exemption,” she said, created a situation in which people who had gone through concealed weapons training and held permits could be cited for forgetting to hand over their permits, whereas someone who had never had any training would have been held harmless.
“It was almost a penalty if you had gone through all the extra effort to be able to carry a handgun license, then you were penalized if you forgot to identify that you were carrying that license,” she said.
Blankinship said the change means a substantial weakening of the state’s concealed weapons rules.
“I understand the logic in why it was done,” he said, “but sometimes you do one thing and it causes an adverse effect.”
 
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#2 ·
We have to inform the officer here in MI as well & it does not bother me to do that as long as the officer does not freak out at me :gah:

But i do agree that officers should assume everyone they stop has a weapon for there own safety & please please dont freak out at us law-abiding citizens with CHL's, we are not the one's to be afraid of :yup:
 
#3 ·
I see it this way; the higher in rank you go in a leadership role, the more of a politician you have to become, and less "one of the people". It seems to work for both the military and police.
 
#4 ·
Not so. You just need to find those with backbone. Those who remember where they came from, and those who stand on basic principles. There's still a few of them out there.
While perhaps not a totally frivolous concern of the "police department", any half-way intelligent onlooker would know this issue should rank very low on the 'police department' priority list well after fighting crime in their communities. If policies and politics play a part in any of that, then we all have a price on our heads. That's wrong, yet we let it continue. Why?
 
#7 ·
“People that have the concealed handgun license are our most law-abiding citizens,” said State Rep. Lois Kolkhorst, R-Brenham, who sponsored the legislation. “We felt like losing your license for a year was a bit too punitive.”
Amen to that! Finally we're not gun-totin crazies!
 
#8 ·
I get pulled over often. The first thing I do is open all my windows because they have limo tint and my windshield is tinted also, then stick my hand out the window so the LEO can see them. When they come to my car I tell them that I have a concealed weapons license and I am armed. Most times they don't ask to see any of the weapons I have on me and because of this procedure I have gotten away with a warning almost every time.
I have been pulled over twice for mistaken identity, many times because of the time of night and location, lost count because of windshield, MOST times because I gave them good reason to be pulled over. They are doing their jobs and usually pull over someone for driving infractions(your own fault for being pulled over). It would be SMART if you make their job easier and safer if you put them at ease and let them know that you are a law abiding citizen.
 
#10 ·
Stay away from Houston or any other place in Texas where the officers have bad attitudes. Most of the rest of Texas the officers have their heads on correctly.
 
#11 ·
I should have added in my original post, that I do and will continue to notify when stopped out of professional courtesy. I have nothing but respect for LEO's and the job they do; I am however tired of being made out to be a borderline extremist by the Liberals, just because I choose to personally protect my most basic right of life.
 
#13 ·
its a bunch of bovine excrement that this new law puts officers in more danger/higher risk, the CHLs are not the people I'm worried about having a weapon in a car when I pull it over.....its the dirtbag people that I'm worried about and this law has no effect on them......similar to the way gun control laws don't affect them for the most part

any officer that says this change of law puts them in more danger hasn't learned all the laws pertaining to CHLs
I'm sure some union groups will say that as a way to get more attention to them and make them appear to be looking out for officer's safety....but its a farse

all the officers I know/talk to have no more concern now than they did before, CHLs are not the folks they are worried about
 
#17 ·
ok, ok. we get your point already.
 
#16 ·
This is a completely political based opinion. He no more speaks for the rank and file HPD officers, than Obama speaks for the working taxpayers of this country. The person holding that position, always has political aspirations and uses that position as a stepping stone to local politics.

First, if the officer sees a gun in the vehicle, the CHL holder is guilty of failing to conceal his weapon. He may not lose his license for failing to notify, but he can get charged with failing to conceal his weapon. If the weapon is concealed as it should be there is no problem with the stop.

I think most CHL holders will continue to notify.
 
#18 ·
Once in a great while I am pulled over by LEO's. In Nevada, we have to present our permits and ID to the officer if requested to do so. Here's how it's worded according to the law:

"202.3667 Permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.

As a matter of practice the first thing I do during a traffic stop is hand the LEO my permit & my DL. The way I see it, the more the officer realizes I'm not a threat to him that makes me look that much better.
 
#19 ·
Here in AZ, its my understanding that while they're following me or running my plate, that my CCW status is already on their computer screen. Along with my NRA, McCain and AF Ret. stickers being little clues to my conservative nature.
That being said, I'm planning to present my Card along with my DL, just to keep everyone friendly and reduce any tension.
 
#20 ·
We don't in New York, but I would tell if I got stopped. Puts the officer a lot more at easy than not knowing and then spotting a gun in some situation. Would put me more at ease too - it a potentially dangerous situation so I'd do what I could to make it safe for both parties.
 
#24 ·
I think it would be in your best interest to let them know you're carrying. I've spoken with several officer buddies who have said that they would want to know upfront, if someone had a loaded firearm in their possession or vehicle during a traffic stop.
 
#27 ·
A guy from North Carolina notified some Fairfax County Virginia cops when he didn't need to. They falsely arrested him for "having hollowpoints", "crossing state lines with a loaded gun", and "carrying a concealed weapon [with a valid credential recognized by Virginia]". They tried to unlawfully keep his gun after he was freed by a magistrate.

Now explain why anybody would WANT to notify if they weren't REQUIRED to.
 
#25 ·
I just want to point out that what the head of the police union thinks is likely entirely different than the notions of actual officers. Those guys aren't cops. They're politicians.

ETA: TX-JB has already made this point. What he said!

I don't have to and won't ever voluntarily disclose my armed status. It just adds unnecessary information to the equation that most times complicates a simple interaction. Some officers are ok but there are others that fundamentally feel that citizens should not be armed. These are the type that will hem you up for forty five minutes while they run the serials from your gun to supposedly make sure it isn't stolen. Wanna do my VIN and the ESN on my blackberry too? Then, when it comes back clean, they start in with the questions of why are you armed? It's nothing more than a guise for harassment. No thanks.

But to the question of whether it makes LE less safe, the police union doesn't have to look far to study how many LE are shot by licensed carriers in states that don't require disclosure (zilch) to see that it makes no difference whatsoever.
 
#28 ·
But to the question of whether it makes LE less safe, the police union doesn't have to look far to study how many LE are shot by licensed carriers in states that don't require disclosure (zilch) to see that it makes no difference whatsoever.
and to look at the stats showing all crimes committed by license holders
its just a talking point, they have no proof whatsoever because there isn't any
 
#26 ·
Notification is nonsense.

Here in Ohio, a guy was charged and tried because he didn't notify for 51 seconds after the cops themselves tried to prevent him from notifying during a felony stop. He was of course acquitted, and will probably pursue civil suits against the city and the officers involved.

It's things like that which cause gun owners to not care one whit for the cop's "ease".
 
#29 ·
As is often the case, some hypothetical that never has happened that the anti-gun statements draw from concerning CC permit holders.

In contrast, many LEO do some pretty dangerous actions, from time to time, when the CC permit holder informs the LEO that they have a firearm.

PS- In MI you are required to inform, I have been stopped, and being a law-abiding CC permit holder always inform.
 
#32 · (Edited)
Some of y'all are making far too much of this. In Texas, 'WAY before the CHL system was enacted, it was considered the polite and prudent thing to INFORM an LEO if one had a weapon inside the vehicle. LEOs informed fellow LEOs of their handguns, and everyone informed LEOs of concealed long guns, which were, and remain, legal inside vehicles, loaded or not. The "traveling" defense also existed from quote a 'way back when, and we informed then, too, as a matter of normal social discourse.

One more thing: Before the CHL system in Texas, lots of folks carried handguns in their vehicles when they were NOT really "traveling," but as it was the polite thing to do, and prudent from a safety standpoint, most such folks informed LEOs, anyway. The polite thing for an LEO to do in such cases was to overlook this illegal but socially acceptable practice, and let it go. Did it always work that way? No. Usually, it did .

Even many drunk drivers, booked for DWI, had their handguns checked into the property room, to be picked up later, after they had arranged bail.

Folks, Texas peace officers, as a whole, are not nearly as anti-gun as so many anti-LEO types make it out to be, or seem to WANT it to be.

I don't think that Officer Blankenship or Sgt. Calley are anti-gun, or anti-2nd Amendment. They just want armed folks to follow the normal, polite, prudent, Texan social convention of informing an LEO if legally armed.

BTW, don't expect the Houston news media, or any other news outlet, to print the whole truth, or the whole content of an interview. They print the bits they want to print, as it suits their desire to present their agenda, or sensationalize.

Oh, and before anyone injects race into this, I saw white officers giving black folks a pass on the handgun thing, and vice versa, in the pre-CHL days. Good folks are good folks, period.
 
#33 ·
This one is one of my most thing that I dont understand at ALL.

Without CHL - you dont need to inform LEO if you have firearm on you.

With CHL - you are required to inform LEO if you have firearm on you.

This tells me criminal have more freedom than law abiding. :aargh4:

Also whats the purpose for a CCWer to inform LEO if you have a firearm ? I'm pretty sure LEO already knew you have one before you inform LEO, why bother ?
 
#35 ·
We're required to advise only if asked. There's been no issues that I know of with it at all.
 
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