Present CHL if not carrying?

CHL discussions that do not fit into more specific topics

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Abraham
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Re: Present CHL if not carrying?

#16

Post by Abraham »

Showing both is a good idea even when not carrying.

Some years ago, my wife was stopped by a female Houston P.D. officer. My wife wasn't carrying.

The officer stated she was appreciative of being shown the CHL as she went on to state she would've been mightily angry if the CHL hadn't been produced. My wife stated again she was not carrying. This information made no difference to this particular officer.

So, yes, there are those in law enforcement who don't know, even now, when not carrying you're not obligated to show your CHL.

My wife got the impression she'd of been in big trouble with this uninformed officer had she not shown her CHL even when it was not lawfully required.
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Jumping Frog
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Re: Present CHL if not carrying?

#17

Post by Jumping Frog »

Abraham wrote:The officer stated she was appreciative of being shown the CHL as she went on to state she would've been mightily angry if the CHL hadn't been produced. My wife stated again she was not carrying. This information made no difference to this particular officer.

So, yes, there are those in law enforcement who don't know, even now, when not carrying you're not obligated to show your CHL.

My wife got the impression she'd of been in big trouble with this uninformed officer had she not shown her CHL even when it was not lawfully required.
I know people who are militant on this topic, and that is the exact reason they are pushing to remove notification from the law in Ohio (where failure to notify is equivalent to a Class A Misdemeanor). Their theory is if everyone notifies even when they are not required to do so, then the police end up expecting it from everyone even when not required. As I recall, there were even cases of people charged with failure to notify when they were unarmed, which even if charges are later dismissed still means an arrest, bond, fingerprinting, a record of the arrest on criminal background checks, and the need to hire an attorney. :roll:
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rentz
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Re: Present CHL if not carrying?

#18

Post by rentz »

as others said you don't HAVE to if you aren't carrying but I do anyway.
I have only been stopped once where I had my chl and didn't have a firearm (was leaving a sporting event) and he saw it and immediately handed it back.

One other time I was on lunch at work so not carrying and got lightly rear-ended but the police came out, this time the officer quietly said to me "where is this at" and pointed to my chl I politely said it was not on my person but i wanted him to know before looking me up. He said thanks and handed it back.

IMO it's a good idea to just hand it all to the officer and avoid any possible complication and perhaps let them know they are stopping a respectable citizen who has gone through federal background checks

Abraham
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Re: Present CHL if not carrying?

#19

Post by Abraham »

If I'm not carrying, I agree showing my CHL, when stopped officially, is probably in my favor, but it still galls me to do so.

If the law says, I don't have to show my CHL if I'm unarmed, why should I? Sounds like groveling.

Does that sound like I'm being deliberately offensive?

I'm not.

It's the law.

I shouldn't have to show my CHL if I'm not carrying, but in order to make certain I don't upset delicate LEO nerves I ought to.

Baloney!

But, I have to take into consideration some LEO are grossly under informed regarding CHL law...and that's not LEO bashing and frankly shouldn't be my concern.

If, when my wife was stopped and informed it was a "good thing" she showed her CHL, obvious threat implied, though she wasn't carrying. Are you kidding me?

Too bad my wife showed the officer her CHL, too bad, as I now wish the officer had booked her for failure to display CHL. (this was approximately 15 years ago when failure to display was a bit of a different animal)

The aftermath would've been very enlightening for the officer who didn't know her CHL law...

slr001
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Re: Present CHL if not carrying?

#20

Post by slr001 »

I have never understood why someone would NOT want to present it. You are not doing anything wrong. You are giving him information voluntarily that will make him feel more comfortable, that can only work in your favor.

I have had two opportunities/interactions with law enforcement since getting my CHL. Both for "slightly" exceeding the speed limit. Both out of state (OK and WY). In both instances I presented my CHL. In both instances I was thanked. In both instances I received a warning vs a ticket.
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sugar land dave
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Re: Present CHL if not carrying?

#21

Post by sugar land dave »

Why would any of us hesitate to do something to help another armed person feel more comfortable about a meeting on the side of the road? It's not like you are handing him a wanted poster with your picture on it.
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Jaguar
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Re: Present CHL if not carrying?

#22

Post by Jaguar »

I can see it both ways and for the record the only time I have been stopped in ages I was not carrying and told the trooper, after I gave him my license and insurance, "you may want to see this, but I am currently unarmed." He thanked me for it and handed it right back.

However, had I not shown my CHL and he ran my license and found I had a CHL, he should make the logical jump I was not carrying since it is not required unless I was actually carrying. He can ask something along the lines of, "you have a CHL but didn't show it to me, I presume you are not carrying..." and then feel free to lecture me on the reason I got a license in the first place and to carry all the time, but making the jump that I am a criminal and hiding a gun from him when demonstrably I am not is an odd conclusion to come to.

I did get a warning but, a) he told me first thing at the window that was what I was getting, and b) I was innocent of the crime he said he perceived me committing, so I would have fought it anyway.
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epontius
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Re: Present CHL if not carrying?

#23

Post by epontius »

My CHL instructor was a long time LEO now retired. I've taken several classes with him since 1995 (new license and renewal). Every class he always goes over when you are required to show your CHL. He said of course that it isn't required if you are not carrying, however, he recommended that you always show it. Main reason...it shows you are a good person that has passed background checks and so on.
I suppose the other reason may be the just in case you forgot. He's always suggested that if your wife doesn't have a desire to carry, she should still get a license to cover the event that you left your handgun in the glove box or some place that your wife doesn't end getting in trouble.
I've only been pulled over once when I was carrying and that was just when TX CHL was in its infancy, probably late '95 or '96 and because it was new a lot of LEOs didn't know how to deal with CHL. In my case, I rolled down my window, put my hands on the wheel and told him I was a CHL and had my firearm on my hip and waited for some instructions. Since my wallet was in my pocket close to my gun he suggested I get out of the car. I think I just showed him where the weapon was and then he had me pull out my wallet with my DL and CHL....and all was good. Still got a ticket though.

Other times when not carrying and stopped by LEOs, I handed over my CHL. They asked if I was carrying and I answered no and he handed it back...no harm, no foul.

What is interesting now is that the past legislative session CHL is now a valid form of ID. If you voted in these past elections you could have provided your CHL as valid ID. I would assume that if stopped on the sidewalk by a LEO, you could present your CHL (even if you aren't carrying) rather than your DL to provide ID to the LEO.
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Keith B
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Re: Present CHL if not carrying?

#24

Post by Keith B »

epontius wrote: He's always suggested that if your wife doesn't have a desire to carry, she should still get a license to cover the event that you left your handgun in the glove box or some place that your wife doesn't end getting in trouble.
While i agree it is good for everyone to have their CHL, this advice is not valid. If the wife is eligible to get a CHL, then she can legally have a handgun concealed in the vehicle under the Motorist Protection Act. http://healylaw.com/SPH_Jan-Feb_2012_MPA.pdf" onclick="window.open(this.href);return false;
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mr1337
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Re: Present CHL if not carrying?

#25

Post by mr1337 »

Keith B wrote:
epontius wrote: He's always suggested that if your wife doesn't have a desire to carry, she should still get a license to cover the event that you left your handgun in the glove box or some place that your wife doesn't end getting in trouble.
While i agree it is good for everyone to have their CHL, this advice is not valid. If the wife is eligible to get a CHL, then she can legally have a handgun concealed in the vehicle under the Motorist Protection Act. http://healylaw.com/SPH_Jan-Feb_2012_MPA.pdf" onclick="window.open(this.href);return false;
Could have been talking about before MPA was passed. (2006, was it?)

Also good to not be in violation of the federal 1,000 ft gun-free zone around school grounds (unless you have a license)
Keep calm and carry.

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epontius
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Re: Present CHL if not carrying?

#26

Post by epontius »

mr1337 wrote: Could have been talking about before MPA was passed. (2006, was it?)
Yes...this advice was given way before MPA.

In any event, I just make a habit of handing over DL and CHL regardless of whether I'm carrying or not...It may be overkill and unnecessary if I'm not, but the law doesn't say that I can't show it either.

fishingsetx
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Re: Present CHL if not carrying?

#27

Post by fishingsetx »

I've been stopped 3 times since getting my CHL 3 years ago. All three times were for minor traffic violations (trailer lights, "swerving", etc). All three times I was unarmed which is rare. In all three I did not show my CHL (actually didnt even think about it) and the officer never asked for it or anything about it. All three ended up with warnings issued. If I was carrying, I would definatly show it. Otherwise I might if I thought about it.

The one and hopefully only time I had to pull my weapon (in a busy gas station parking lot), the responding officers didn't even ask for it or to see the weapon when I told them what happened and that I was CHL. I think it mostly depends on the location and the responding officers mood!

maximus2161
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Re: Present CHL if not carrying?

#28

Post by maximus2161 »

I always show it. Not that it happens often but the very few times I had to show my DL I always showed my CHL and will in the future. Hopefully that wont happen often! But if I was the LEO and someone didnt present their CHL I would wonder why when I ran them.
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jmra
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Re: Present CHL if not carrying?

#29

Post by jmra »

maximus2161 wrote:I always show it. Not that it happens often but the very few times I had to show my DL I always showed my CHL and will in the future. Hopefully that wont happen often! But if I was the LEO and someone didnt present their CHL I would wonder why when I ran them.
:iagree: I do the same.
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