LEO Encounter - Page 2

LEO Encounter

This is a discussion on LEO Encounter within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Jim Macklin Laws vary from state to state. Inform or not inform seems to be the first variation. In no state that ...

Page 2 of 2 FirstFirst 12
Results 16 to 28 of 28

Thread: LEO Encounter

  1. #16
    New Member Array Jumping Frog's Avatar
    Join Date
    Dec 2009
    Location
    Ohio
    Posts
    3
    Quote Originally Posted by Jim Macklin View Post
    Laws vary from state to state. Inform or not inform seems to be the first variation. In no state that can think of in which your licewnse is honored [CCH-CCW-CWP] is it illegal or wrong to tell an officer, "I have a license for my concealed weapon."
    Notification is required in Ohio. I know of at least one guy (Ohio license) who was traveling to W Virginia (no notification state), was stopped, and notified. Cop was so surprised at the notification he proned the guy at gunpoint.

    Many of us in Ohio have stopped notifying in WV.


  2. #17
    Member Array slade's Avatar
    Join Date
    Mar 2009
    Location
    Pearland, TX
    Posts
    116
    Quote Originally Posted by retsupt99 View Post
    In a work zone? You're lucky to skate by with just a warning, because that could have been expensive...go buy a lottery ticket.
    My feelings exactly!
    I was fortunate to be right at the end of construction and not too far over the speed limit.
    Kimber Pro Carry II; Night Sights
    S&W 340PD

  3. #18
    Member Array DropTop's Avatar
    Join Date
    Jun 2009
    Location
    Fort Worth, Tx
    Posts
    132
    good stop. i've talked to several LEO's around here and they all seem positive about our CHL's but you never know if you'll run into one that is not that might be having a bad day or something.

    it is strange that they take the fines away for breaking the rules but not the rules.

  4. #19
    Member Array KimBobTex's Avatar
    Join Date
    Jun 2009
    Location
    Texas
    Posts
    453
    Quote Originally Posted by CarGunGuy View Post
    How odd. So it's unenforceable? It's like the 'non-binding' resolutions are idiots in D.C. are so famous for.

    OK guys, this has been hashed & re-hashed, with many inaccurate slants.
    This new law as of 9/1/09 has nothing to do with having, or not having to notify, YOU STILL NEED TO NOTIFY TX LEO.

    In laymen terms (for my benefit), the new law has to do with failure or refusal to display / produce a valid CHL (ie. stolen / lost / forgot your wallet), and nothing to do with notifying TX LEO. Previously, failure to produce your CHL was an automatic & immediate 90 day suspension invoked on the spot by the officer, 2nd offense was a class B misdemeanor. The suspension & misdemeanor penalties have been stricken as of 9/1. You must still notify & you must still have the CHL on you, but if you slip up & can't produce your CHL for whatever reason, it's not an immediate & on the spot "end of the world".

    A suggested response would be: "Officer, I'm a TX CHL holder, but I lost / forgot my wallet & don't have my CHL on me at this time. I do have my firearm on my right hip." You have notified as required by law, but were unable to display / produce your CHL (I am not a lawyer, but I did stay at a Holiday Inn Express last night).

    In TX, your CHL status / info will display when they run your driver's license. As our CHL instructor (& former LEO) stated, "make sure the LEO finds out about your CHL from YOU in the beginning of the stop, rather than on-line from the DPS computer after the fact .... finding out for the first time on-line after the fact, means you failed to notify."

    http://www.txdps.state.tx.us/adminis...chl/HB2730.pdf

    (Page 175. on the above .PDF file link)

    SECTIONA12A.02.AASection 411.205, Government Code, is
    amended to read as follows:
    Sec.A411.205.AAREQUIREMENT TO DISPLAY [DISPLAYING]
    LICENSE[; PENALTY]. [(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.

    Removed code > A person who fails or refuses to display the license and identification as
    required by this subsection is subject to suspension of the
    person ’s license as provided by Section 411.187.
    [(b)AAA person commits an offense if the person fails or
    refuses to display the license and identification as required by
    Subsection (a) after previously having had the person ’s license
    suspended for a violation of that subsection. An offense under this
    subsection is a Class B misdemeanor.
    Asked by a CNN reporter "What do you feel when you shoot a terrorist"?, the Marine sniper simply shrugged & replied "recoil".

    Now more than ever, we are at war on our home soil ... WAKE UP & arm our troops when they are on home soil!

  5. #20
    Member Array CarGunGuy's Avatar
    Join Date
    Dec 2009
    Location
    Sugar Land, TX
    Posts
    45
    I just took the CHL class in Oct, and our instructor (who is also a LEO) didn't have this right either. It has a lot of people confused.

  6. #21
    New Member Array 1911a1's Avatar
    Join Date
    Nov 2008
    Location
    usa
    Posts
    12
    Many Leo's ask if you have any weapons (knives, firearms, brass knuckles, spray, etc.)
    No need to correct him/her for not asking about firearms only.

  7. #22
    Member Array billpocz's Avatar
    Join Date
    Jun 2009
    Location
    Rural Northeastern, KY
    Posts
    108
    From slade: He asked me if I had the weapon in the car and I told him yes. He then handed my CHL license back.

    The only thing I would change would be to say that I have a 'firearm', and not agree to the 'weapon' wording. I think that weapon could have a negative notation.

    Just my $0.02!!

    Bill
    ******************
    --- Sig 245, P6, 224
    --- Kahr PM9

  8. #23
    Member Array slade's Avatar
    Join Date
    Mar 2009
    Location
    Pearland, TX
    Posts
    116
    Quote Originally Posted by billpocz View Post
    From slade: He asked me if I had the weapon in the car and I told him yes. He then handed my CHL license back.

    The only thing I would change would be to say that I have a 'firearm', and not agree to the 'weapon' wording. I think that weapon could have a negative notation.

    Just my $0.02!!

    Bill
    After a little reflection, I think he said "is it" in the truck while he was looking at my CHL.
    Probably would not have been smart to correct him even if he had said weapon.
    Kimber Pro Carry II; Night Sights
    S&W 340PD

  9. #24
    New Member Array bjw42788's Avatar
    Join Date
    Dec 2009
    Location
    Killeen, Texas
    Posts
    4
    Quote Originally Posted by golfnutcasey View Post
    Sounds like a similar situation another poster had happen a few days ago. I agree with the folks who say it is best to go ahead and inform the officer regardless of if it is a requirement in your state or not. I'm not a LEO but if I were, I would want someone to let me know they were carrying.
    I know some will say they wouldn't tell the LEO to avoid the officer "going off" on them but I just don't see this happening. If it did it would be the exception rather than the rule in my opinion.
    in the state of texas you have to give it up with all the other stuff and let them know where it is right away.
    cheap $10.00 holster purchased in kuwait
    Ruger P95

  10. #25
    Member Array 3dfxMM's Avatar
    Join Date
    Sep 2009
    Location
    Texas
    Posts
    181
    No you don't. If you are carrying you are required to show him your CHL if he asks for ID. That's it. If you are not carrying you can choose whether or not to tell him about your CHL. You are not required to tell him if you have a gun on you unless he asks about it. As others have pointed out, there is no longer a penalty if you fail to notify him that you have a CHL. I disagree with KimBobTex about the change in the law meaning that you aren't in trouble if you are carrying and don't have both your DL and CHL with you. That requirement did not change. The only thing that changed was the removal of the penalty for failure to notify.

  11. #26
    New Member Array asardoc's Avatar
    Join Date
    Sep 2007
    Location
    Tacoma, WA
    Posts
    13
    Agree with Bill--Years of gov't service, and I have to fight back the word "weapon" and replace with "firearm." IMHO, LEOs have a spidey sense, and they usually tingle when they hear the words "pistol," "weapon," "gun," etc. But being polite, professional, and respectful will almost always difuse any such tingles!

    Good post of a good stop!
    "A people that values its privileges above its principles soon loses both."
    Dwight D. Eisenhower

  12. #27
    Member Array basher052's Avatar
    Join Date
    Oct 2009
    Location
    Richmond TX
    Posts
    369
    Quote Originally Posted by slade View Post
    I had my first LEO encounter since recieving my CHL last week.

    I was rolling south out of Lufkin, TX and thought I'd cleared a construction zone when I saw the officer in the median. Lights came on... pulled over and handed him my license and CHL.

    He asked me if I had the weapon in the car and I told him yes. He then handed my CHL license back.

    I was given a warning and a much deserved reprimand to slow down.

    Very professional. Kudos to this Lufkin, TX officer.
    I think that construction zone goes all the way to Diboll!
    Andy
    You may all go to hell and I will go to Texas - David Crockett
    When governments fear people, there is liberty. When the people fear the government, there is tyranny. Thomas Jefferson

  13. #28
    Member Array basher052's Avatar
    Join Date
    Oct 2009
    Location
    Richmond TX
    Posts
    369
    Quote Originally Posted by KimBobTex View Post
    OK guys, this has been hashed & re-hashed, with many inaccurate slants.
    This new law as of 9/1/09 has nothing to do with having, or not having to notify, YOU STILL NEED TO NOTIFY TX LEO.

    In laymen terms (for my benefit), the new law has to do with failure or refusal to display / produce a valid CHL (ie. stolen / lost / forgot your wallet), and nothing to do with notifying TX LEO. Previously, failure to produce your CHL was an automatic & immediate 90 day suspension invoked on the spot by the officer, 2nd offense was a class B misdemeanor. The suspension & misdemeanor penalties have been stricken as of 9/1. You must still notify & you must still have the CHL on you, but if you slip up & can't produce your CHL for whatever reason, it's not an immediate & on the spot "end of the world".

    A suggested response would be: "Officer, I'm a TX CHL holder, but I lost / forgot my wallet & don't have my CHL on me at this time. I do have my firearm on my right hip." You have notified as required by law, but were unable to display / produce your CHL (I am not a lawyer, but I did stay at a Holiday Inn Express last night).

    In TX, your CHL status / info will display when they run your driver's license. As our CHL instructor (& former LEO) stated, "make sure the LEO finds out about your CHL from YOU in the beginning of the stop, rather than on-line from the DPS computer after the fact .... finding out for the first time on-line after the fact, means you failed to notify."

    http://www.txdps.state.tx.us/adminis...chl/HB2730.pdf

    (Page 175. on the above .PDF file link)

    SECTIONA12A.02.AASection 411.205, Government Code, is
    amended to read as follows:
    Sec.A411.205.AAREQUIREMENT TO DISPLAY [DISPLAYING]
    LICENSE[; PENALTY]. [(a)] If a license holder is carrying a
    handgun on or about the license holder ís person when a magistrate or
    a peace officer demands that the license holder display
    identification, the license holder shall display both the license
    holder ís driver ís license or identification certificate issued by
    the department and the license holder ís handgun license.

    Removed code > A person who fails or refuses to display the license and identification as
    required by this subsection is subject to suspension of the
    person ís license as provided by Section 411.187.
    [(b)AAA person commits an offense if the person fails or
    refuses to display the license and identification as required by
    Subsection (a) after previously having had the person ís license
    suspended for a violation of that subsection. An offense under this
    subsection is a Class B misdemeanor.
    I think you read that incorrectly.

    Follow me people, and repeat after me.....you dont have to show your CHL, in Texas that is, when pulled over. There is no penalty for it. In cities where they have access to TCIC/NCIC they will have the info prior to approaching the vehicle (provided the vehicle is that of the CHL holder). The tag and DL will show CHL in Texas at this stage of the game.

    Now, is it a good idea to tell the LEO that you have a weapon/gun/firearm/tool/ect when you get pulled over? That would be a judgement call on your part. Most, not all, police officers will be happy to have the information, but it will not make them more comfortable or complaceant on the traffice stop. Even good people will make stupid decisions from time to time.

    Oh well, im sure this thread will show up at least another 100 time or so......
    Andy
    You may all go to hell and I will go to Texas - David Crockett
    When governments fear people, there is liberty. When the people fear the government, there is tyranny. Thomas Jefferson

Page 2 of 2 FirstFirst 12

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. 1st brief LEO encounter
    By davidw in forum Concealed Carry Issues & Discussions
    Replies: 34
    Last Post: March 7th, 2010, 10:01 PM
  2. LEO Encounter
    By MJK in forum Concealed Carry Issues & Discussions
    Replies: 46
    Last Post: January 21st, 2010, 10:56 AM
  3. First LEO Encounter
    By PepsiDad in forum Concealed Carry Issues & Discussions
    Replies: 31
    Last Post: June 22nd, 2009, 05:05 PM
  4. Another LEO encounter
    By SubNine in forum Concealed Carry Issues & Discussions
    Replies: 15
    Last Post: February 6th, 2009, 03:31 PM
  5. Another encounter with HPD.
    By skippythenurse in forum Concealed Carry Issues & Discussions
    Replies: 20
    Last Post: November 15th, 2007, 02:59 PM

Search tags for this page

concealed carry encounter with leo

,

concealed carry encounters

,

leo encounter whats it mean

,

tx chl leo encounter

,

tx gc 411.205

Click on a term to search for related topics.

» Log in

User Name:

Password:

Not a member yet?
Register Now!

» DefensiveCarry Sponsors