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Pulled Over Out Of State
Posted: Wed Feb 18, 2009 5:03 pm
by Daltex1
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?
Re: Pulled Over Out Of State
Posted: Wed Feb 18, 2009 5:07 pm
by Purplehood
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?
Texas law says you have to display it to a TX LEO while carrying if I recall the details correctly.
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.
Re: Pulled Over Out Of State
Posted: Wed Feb 18, 2009 5:10 pm
by will381796
Purplehood wrote:Of course if you were carrying, I would definitely show it.
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.
Re: Pulled Over Out Of State
Posted: Wed Feb 18, 2009 5:16 pm
by Count
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?
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.
Re: Pulled Over Out Of State
Posted: Wed Feb 18, 2009 5:27 pm
by seamusTX
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?
No. GC ยง411.205 is a Texas state law. It applies only to Texas peace officers and magistrates in Texas.
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
Re: Pulled Over Out Of State
Posted: Wed Feb 18, 2009 7:26 pm
by HankB
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.
I believe FOPA was passed in 19
86.

Re: Pulled Over Out Of State
Posted: Wed Feb 18, 2009 8:22 pm
by seamusTX
Sorry.
- Jim
Re: Pulled Over Out Of State
Posted: Thu Feb 19, 2009 7:07 am
by DEADEYE1964
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.
Re: Pulled Over Out Of State
Posted: Thu Feb 19, 2009 9:55 am
by Keith B
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.
Depends on the state. Many states now have car carry laws like Texas.
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.
Re: Pulled Over Out Of State
Posted: Thu Feb 19, 2009 10:35 am
by Purplehood
will381796 wrote:Purplehood wrote:Of course if you were carrying, I would definitely show it.
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.
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.