Clarification

Most CHL/LEO contacts are positive, how about yours? Bloopers are fun, but no names please, if it will cause a LEO problems!

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Piney
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Clarification

#1

Post by Piney »

Greetings--

I recently had a contact with a Deputy. I was rear ended in an auto accident -- quite minor for my vehicle thanks to my trailer hitch. Unfortunatly, the other vehicle's radiator was impaled :-(

When approached by the Deputy, I handed him my DL, CHL and insurance. He didnt look at any of them, but pocketed them and went back to his unit.

When he came back to return my info, he asked if I was carrying (which I was as always). He simply asked that for his safety, I place my handgun in the car.

Question-- By law, was I required to verbally inform him I was a CHL holder and carrying or was the act of giving him my CHL sufficient from the applicable laws standpoint ?

I understand verbally notifying the LEO out of courtesy-- just curious about the law.

Thanks--

HOSSISFREE
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Location: Huntsville, TX

#2

Post by HOSSISFREE »

§ 411.205. 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. 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) A 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.


This means to me, that you are required by law to hand a LEO your CHL when asked for ID, but are not required by law to verbally inform a LEO. As you mentioned, that's only as a courtesy. And I am as courteous as possible when in contact with a LEO.

Hoss
..." it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." ~ Declaration of Independence!

Commander
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Location: Rockwall, Texas

#3

Post by Commander »

GC §411.205. 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.
A person who
fails or refuses to display the license and identification as required by
26 GC §411.206. TEXAS CONCEALED HANDGUN LAWS
this subsection is subject to suspension of the person's license as
provided by Section 411.187.
(b) A 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.

I believe you complied with the law....however, verbally advising the LEO would be the prudent thing to do.
"Happiness is a warm gun" - The Beatles - 1969


Commander

Glockamolie
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#4

Post by Glockamolie »

In my few :lol: encounters, I've simply handed over both DL and CHL, and not said a word. I don't like the idea of even saying "gun", "weapon", or "carrying" in a traffic stop. I just have 'em out and ready, and wait for further questions/instructions. So far, so good.
- Brandon
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