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Weapon Disclosure Question
Posted: Mon Sep 18, 2006 8:18 am
by Landman
If a person has a CHL but his pistol is locked in the tool box of his truck and he has no other weapons inside the truck cab is he considered to be carrying? Is he required to disclose the weapon to a LEO? For this scenario I'm only talking about some place where it is legal to conceal carry in your vehicle (driving down the highway, city street, etc.).
I know it would be best to disclose it and I would, but I was just curious about the legalities.
Posted: Mon Sep 18, 2006 8:33 am
by longtooth
Welcome aboard. One of the legal eagles will weigh in on the tecnicality of the legal issue. For consistancy & courteousy, I declare armed & tell where they are if I have one locked in a case in the trailer I am pulling.
Posted: Mon Sep 18, 2006 8:47 am
by Landman
longtooth wrote:Welcome aboard. One of the legal eagles will weigh in on the tecnicality of the legal issue. For consistancy & courteousy, I declare armed & tell where they are if I have one locked in a case in the trailer I am pulling.
Thanks for the welcome. I agree with you and would disclose it also. I'm just curious about it though.
Posted: Mon Sep 18, 2006 12:59 pm
by Popshot
My understanding is that the disclosure of the location of the weapon would be an issue only if an LEO asked for identification. At that point, then you must produce both drivers license and CHL. If the LEO asks about the location of the weapon, then politely tell the LEO, but do not reach for or toward the weapon.
Re: Weapon Disclosure Question
Posted: Mon Sep 18, 2006 1:09 pm
by Crossfire
Landman wrote:If a person has a CHL but his pistol is locked in the tool box of his truck and he has no other weapons inside the truck cab is he considered to be carrying? Is he required to disclose the weapon to a LEO?
Your CHL refers to carrying a weapon "on or about your person". Your pistol that is locked in the tool box is not considered to be "on or about your person".
If it is not accessable to you, then you are not required to disclose it. If you get into a situation where the LEO feels he has reason to search your toolbox... well, then it's time to talk about it.
Re: Weapon Disclosure Question
Posted: Mon Sep 18, 2006 2:00 pm
by propellerhead
Landman wrote:Is he required to disclose the weapon to a LEO?
Required? No. Is it advisable to do so? Yes. I see it in the same light as keeping your hands on the wheel, turning on your dome light, etc. You don't have to, if you want to get technical about it but I would do so as a courtesy.
Re: Weapon Disclosure Question
Posted: Mon Sep 18, 2006 3:43 pm
by txinvestigator
llwatson wrote:Landman wrote:If a person has a CHL but his pistol is locked in the tool box of his truck and he has no other weapons inside the truck cab is he considered to be carrying? Is he required to disclose the weapon to a LEO?
Your CHL refers to carrying a weapon "on or about your person". Your pistol that is locked in the tool box is not considered to be "on or about your person".
If it is not accessable to you, then you are not required to disclose it. If you get into a situation where the LEO feels he has reason to search your toolbox... well, then it's time to talk about it.

Re: Weapon Disclosure Question
Posted: Mon Sep 18, 2006 4:21 pm
by Landman
Thanks everbody for the information. That's what I thought the answer would be. I just wanted to get some other opinions.
Posted: Mon Sep 18, 2006 4:29 pm
by Replaced Texan
Were it me that had to answer to the police, I would tell him that it's in the back, locked up. In my mind, it doesn't look too good to get to a point where that if he wants to look someplace other than where he can see and then you have to say "Before you open that you need to know my pistol is in there and I have a permit". I sure wouldn't tell a civilian anything about what's in my toolbox unless I knew him/her very well. A police officer on official duty is another thing entirely. My $0.02.
Posted: Mon Sep 18, 2006 4:33 pm
by longtooth
Thank you Maam & Sir. Knew you 2 would give the answer.
Posted: Mon Sep 18, 2006 4:37 pm
by Replaced Texan
I would never pass up the chance while within the borders of the Greatest State on God's Green Earth to inform a peace office that I have a CHL when asked for identification. For everyone else, it's "It's none of their business".

Posted: Mon Sep 18, 2006 9:34 pm
by TxFire
If it is locked in my toolbox I do not plan to inform an LEO as I am not carrying on or about my person. If the LEO decides he wants to look in said toolbox, we have bigger issues to explore prior to the disclosure of said handgun. Such as why he/she feels the need to see inside my toolbox in the first place. I've already already inventoried it and do not need confirmation of the contents.

Posted: Tue Sep 19, 2006 1:10 pm
by Houston1944
I have had several occassions during the past 10 years where I was carrying and had contact with LEO (no I am not a speed demon, these were all legit events). This is Texas, not New York. I don't worry about telling a Texas LEO that I am legally carrying. In every case with me it was a "non-event" with the LEO.
Posted: Tue Sep 19, 2006 1:45 pm
by stevie_d_64
To me this appears to be an apples (yeah, sure I have a CHL) and oranges (where's the weapon) situation...
I'm not going to dissagree with what has been said so far...
I'm just one of those guys who just doesn't want to aggitate the dots...
They're going to find out you have an apple regardless, and are going to ask where the orange is regardless...
Do they need to ask to see if you have any onions at that point???
No...
Nuff said...And with absolutely all respect to my Law Enforcement friends...
Re: Weapon Disclosure Question
Posted: Tue Sep 19, 2006 7:13 pm
by Chris
Landman wrote:If a person has a CHL but his pistol is locked in the tool box of his truck and he has no other weapons inside the truck cab is he considered to be carrying? Is he required to disclose the weapon to a LEO? For this scenario I'm only talking about some place where it is legal to conceal carry in your vehicle (driving down the highway, city street, etc.).
I know it would be best to disclose it and I would, but I was just curious about the legalities.
i would be lying if i told you a CHL never got someone a warning on a t-stop.