Pulled Over Out Of State
Moderators: carlson1, Charles L. Cotton
Pulled Over Out Of State
If I get pulled over in a State that does not recognize my Chl, and the gun I am carrying is in the trunk locked & unloaded, do I have to show my CHL to the officer? I am assuming I would. Am I wrong?
- Purplehood
- Senior Member
- Posts: 4638
- Joined: Thu May 29, 2008 3:35 pm
- Location: Houston, TX
Re: Pulled Over Out Of State
Texas law says you have to display it to a TX LEO while carrying if I recall the details correctly.Daltex1 wrote:If I get pulled over in a State that does not recognize my Chl, and the gun I am carrying is in the trunk locked & unloaded, do I have to show my CHL to the officer? I am assuming I would. Am I wrong?
You wouldn't be in TX, you wouldn't be carrying...voila, I would say, No.
Of course if you were carrying, I would definitely show it.
Life NRA
USMC 76-93
USAR 99-07 (Retired)
OEF 06-07
USMC 76-93
USAR 99-07 (Retired)
OEF 06-07
-
- Member
- Posts: 136
- Joined: Sat Dec 13, 2008 12:15 pm
Re: Pulled Over Out Of State
And realize that by doing this you would most likely be arrested most likely for illegal carrying. As the OP said, the state he's in doesn't recognize your TX CHL.Purplehood wrote:Of course if you were carrying, I would definitely show it.
NRA Life Member
TRSA Life Member
CHL Class:11/22/08
App Submitted : 11/23/08
Received PIN:11/27/08
"Processing Application":12/13/08
Notified of TR100 error by CHL instructor: 12/23/08
Sent updated TR100 to DPS: 12/26/08
"Application Completed": 02/07/09
Plastic in hand:02/13/09
TRSA Life Member
CHL Class:11/22/08
App Submitted : 11/23/08
Received PIN:11/27/08
"Processing Application":12/13/08
Notified of TR100 error by CHL instructor: 12/23/08
Sent updated TR100 to DPS: 12/26/08
"Application Completed": 02/07/09
Plastic in hand:02/13/09
Re: Pulled Over Out Of State
It's unlikely you have a legal obligation to show your gun license if a firearm is locked in your trunk but it depends on the laws of that other State. It may also be useful to seek legal advice on your rights under the Fifth Amendment.Daltex1 wrote:If I get pulled over in a State that does not recognize my Chl, and the gun I am carrying is in the trunk locked & unloaded, do I have to show my CHL to the officer? I am assuming I would. Am I wrong?
The information in this message is not provided in the course of a client relationship and is not intended as legal, accounting, or other professional advice.
Re: Pulled Over Out Of State
No. GC §411.205 is a Texas state law. It applies only to Texas peace officers and magistrates in Texas.Daltex1 wrote:If I get pulled over in a State that does not recognize my Chl, and the gun I am carrying is in the trunk locked & unloaded, do I have to show my CHL to the officer?
If you are carrying a cased, unloaded weapon in the trunk of your car on an interstate trip, you are carrying under the federal Firearms Owners Protection Act of 1968. This is completely legal for the most part. You have no obligation to inform the officer that you have a firearm in that case.
Displaying a Texas CHL could be misinterpreted and result in your face having a close encounter with the pavement.
Some jurisdictions, particularly Chicago and Cook County, Illinois; New York City; Washington, D.C.; and the state of New Jersey ignore FOPA and will arrest and prosecute you.
As usual, I am not a lawyer and this is not legal advice.
- Jim
Fear, anger, hatred, and greed. The devil's all-you-can-eat buffet.
-
- Senior Member
- Posts: 1394
- Joined: Mon Aug 08, 2005 2:03 pm
- Location: Central TX, just west of Austin
Re: Pulled Over Out Of State
I believe FOPA was passed in 1986.seamusTX wrote:If you are carrying a cased, unloaded weapon in the trunk of your car on an interstate trip, you are carrying under the federal Firearms Owners Protection Act of 1968.

Original CHL: 2000: 56 day turnaround
1st renewal, 2004: 34 days
2nd renewal, 2008: 81 days
3rd renewal, 2013: 12 days
1st renewal, 2004: 34 days
2nd renewal, 2008: 81 days
3rd renewal, 2013: 12 days
Re: Pulled Over Out Of State
Sorry.
- Jim
- Jim
-
- Member
- Posts: 98
- Joined: Tue Dec 09, 2008 8:36 am
- Location: Dallas,Tx
Re: Pulled Over Out Of State
Regardless of Texas law, you have to obide by the laws of the states you visit. If you carry in a state that does not recognize your Texas CHL, then you are breaking the law. If the state you are in allows you to carry a gun in the trunk and locked, I would not show your CHL. A good example of the law difference is Oklahoma. They reciprocate with Texas on concealed carry but say you do not have a CHL, in Texas you are still allowed to carry a loaded concealed gun in your car without a license, cross the border and you are probably going to jail.
"Two things are infinite: the universe and human stupidity; and I'm not sure about the universe." -Albert Einstein
Re: Pulled Over Out Of State
Depends on the state. Many states now have car carry laws like Texas.DEADEYE1964 wrote:Regardless of Texas law, you have to obide by the laws of the states you visit. If you carry in a state that does not recognize your Texas CHL, then you are breaking the law. If the state you are in allows you to carry a gun in the trunk and locked, I would not show your CHL. A good example of the law difference is Oklahoma. They reciprocate with Texas on concealed carry but say you do not have a CHL, in Texas you are still allowed to carry a loaded concealed gun in your car without a license, cross the border and you are probably going to jail.
As for your question, best to see what the state law says about a locked gun in the trunk. All in all, most states are legal, but some may not be.
Good resource is here http://www.handgunlaw.us/" onclick="window.open(this.href);return false;. Just click on the RV/Car Carry link in the upper left frame and if they have the info want info about that state, it will be there. It also lists the federal guidelines.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
- Purplehood
- Senior Member
- Posts: 4638
- Joined: Thu May 29, 2008 3:35 pm
- Location: Houston, TX
Re: Pulled Over Out Of State
I wouldn't carry in that state. I would in the others, and would show if asked. Sorry, I thought that it was a given that you wouldn't carry in a state that does not allow it or recognize reciprocity.will381796 wrote:And realize that by doing this you would most likely be arrested most likely for illegal carrying. As the OP said, the state he's in doesn't recognize your TX CHL.Purplehood wrote:Of course if you were carrying, I would definitely show it.
Life NRA
USMC 76-93
USAR 99-07 (Retired)
OEF 06-07
USMC 76-93
USAR 99-07 (Retired)
OEF 06-07