TexasCHLforum.com

jbirds1210 wrote:

KC5AV wrote:It would probably be best to inform the officer that you are armed when he tells you to step out of the vehicle.

I agree.

Of course, you would agree.

KC5AV wrote:

jbirds1210 wrote:

KC5AV wrote:It would probably be best to inform the officer that you are armed when he tells you to step out of the vehicle.

I agree.

Of course, you would agree.

point taken. I really like for people to have guns...fills me with pride when someone takes responsibility for their well being. I am open about the fact I have a gun or two and appreciate no surprises. Common courtesy is ALWAYS given by me and I have never been anything but supportive about anything gun related. I had a CHL ten years before becoming a police officer.

I'm of the opinion that carrying on one's person under the MPA is just a hassle. I mean, arm and disarm every time you enter and exit the vehicle. I would rather keep it in the console or under a towel or something.

I also think the analogy of doing something an officer told you even though it is normally illegal, like going through a red light, isn't quite the same thing. For one, when an officer is directing traffic and instructs people to go through a red light the officer is completely aware that he is telling you to ignore the signal. Besides, I think it written in the laws that an officer trumps a signal. So, unless the officer knows you have a gun concealed on your person in your vehicle under the MPA and then orders you out of your vehicle I don't think one would be covered by saying that the officer told me to do it.

Den wrote:What happens when a cop makes u get out the car while you are carrying on you, but you don't have a CHL? In Texas you can have it in your car. But the cop made you get out. and you are later charged for you unauthorized use of a fire arm. That person saw some commotions outside so he decided to put it in his pocket.

As soon as the police tell you to exit the car, you're supposed to make a rapid furtive motion toward your carry piece. You then grab it and shove it under the seat without being seen. That's what I always do.

There is a clear market niche for MPA sashes that is currently going unfilled.

Hoi Polloi wrote:There is a clear market niche for MPA sashes that is currently going unfilled.

Not to mention MPA badges....

/shrug

Reading the law lead me to believe that I was only authorized to have a concealed firearm on my person while moving to and from my vehicle on property I controlled, or property that allowed me the privilege (friends, hunting lease, etc), and while in my vehicle. Had I been asked to step out of the vehicle with a firearm on my person, as opposed to concealed in the vehicle itself, I would inform the officer that I was bearing a firearm, and would have asked to remove it prior to exiting the vehicle, as my possession of the firearm would not be legal as soon as I exited IAW state law.

We are responsible for knowing the laws.

IMO, the only way a weapons charge would be justified is if an eligible citizen failed to inform the officer they had a firearm on their person prior to exiting the vehicle.

To add to what the others said above, if the person was not suspected of a crime or in the process of committing a crime (above a class C?? I don't care enough to look it up) then the officer would not have cause to search the person. If the person exited the vehicle with a concealed firearm in his pocket and did not consent to a search, he could eventually get back in his car with the officer none the wiser.

So a person in this position would be wise to:
1) First, not do something illegal so as not to attract police attention. So we'll assume that it was a case of mistaken identity and the person had done nothing wrong when stopped.
2) Not get out of the car with a concealed handgun. But we'll assume that the sheer shock over being stopped on a felony stop when the person did nothing wrong was enough to make him lose all sense of intelligence and reduced him to a blubbering fool who did so without realizing it before it was a done deed.
3) Not make the firearm visible at this point because that would be showing that one was in the process of committing a crime, and it would be really stupid to commit a firearms crime in front of a cop as you'd be sure to be charged.
4) Not consent to searches. There are times when consent is not required, but if this is a situation where your consent would be required, you just gave them permission to go looking for something that they otherwise had no authority to look for.
5) Not do anything else that would raise their suspicion or concern at this point so that you will hopefully be on the road again soon.

Since your friend was actually charged, it seems that one or more of the above were not heeded. Trying to get out of such a mess would take a lot of time and expense. Without more details, there's no way of knowing if that time and expense could be worth a shot.

The Annoyed Man wrote:

Hoi Polloi wrote:There is a clear market niche for MPA sashes that is currently going unfilled.

Not to mention MPA badges....

Pull the cord and the sash and badge inflate...

I think carrying under MPA would warrant one of those magnetic flashing red lights to stick on the top of vehicle to let people know you have a legal gun inside.

Hoi Polloi wrote:If the person exited the vehicle with a concealed firearm in his pocket and did not consent to a search, he could eventually get back in his car with the officer none the wiser.

Are you familiar with Terry v. Ohio?

ScottDLS wrote:

Den wrote:What happens when a cop makes u get out the car while you are carrying on you, but you don't have a CHL? In Texas you can have it in your car. But the cop made you get out. and you are later charged for you unauthorized use of a fire arm. That person saw some commotions outside so he decided to put it in his pocket.

As soon as the police tell you to exit the car, you're supposed to make a rapid furtive motion toward your carry piece. You then grab it and shove it under the seat without being seen. That's what I always do.

When is your memorial service? I wanna be sure and send flowers!

OP has yet to reply further.

Vote: lock.

gigag04 wrote:OP has yet to reply further.

Vote: lock.

Sometimes it's better if they don't reply. viewtopic.php?f=7&t=38314" onclick="window.open(this.href);return false;

We're being haunted by the same ah, person, yeah that's it, person...