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 ...
Many of us in Ohio have stopped notifying in WV.
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.
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."
(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.
Gun Free Zones are totally effective, and 100% safe ... (wait for it) ... (wait for it) ... until a bad guy with a gun shows up! Then suddenly, you have an uncontested Kill Zone of defensless sheep, patiently awaiting their turn for the slaughter.
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.
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.
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!!
--- Sig 245, P6, 224
--- Kahr PM9
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.
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
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......
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