seamusTX wrote:Ditto.
- Jim
I agree with Jim and BrassMonkey. When the LEO runs a license, they are running the license of the vehicle usually, not the DL number. That will obviously come later if the LEO decides.
To me, it is just common sense that the LEO(s) doesn't know who is in the car driving. Suppose it just got stolen about fifteen minutes earlier and the owner had not reported it stolen yet. How is the LEO supposed to know who is driving the car until he or she gets a DL and runs it?
What is common is for the LEO to request some or all of the following information plus additional information if he or she so deems necessary.
10-27 Driver's License Information
10-28 Vehicle Registration Information
10-29 Check Records For Wanted
I wouldn't think you would do a 10-27 or a 10-29 until you had the driver's license information in your hand. I think a 10-28 is done with the vehicle license number. Isn't that correct Jim?
So there is no way a LEO might know if the person they stopped is the rightful owner or has a concealed handgun license until they get complete information.
Last year, there was a guy in Ohio that was charged with a felony for unlawfully carry of a weapon (UCW) last year about this time but the guy was lawfully carrying per permit rules and had a permit. There is a link to that story below. I cannot verify the accuracy of all details. It illustrates what we are talking about on this thread. The police in a small town busted a guy who was legally carrying and tried their best to send him up the river. The question of when the LEOs knew the guy had a concealed handgun permit is at question according to the story and the follow up responses.
URL Link:
http://www.freerepublic.com/focus/f-news/1643861/posts
Open Carry Leads To Felony Traffic Stop; Suspended License
http://www.ohioccw.org ^ | 6 4 06 | Jeff Garvas
Posted on 06/05/2006 2:07:09 PM PDT by freepatriot32
There ought to be a way for police to identify someone who is legally carrying, but even if there was a sticker on the vehicle, they still do not know if it is the guy are girl who owns the vehicle when they make the initial traffic stop.
I don't have an easy answer to this question because there are so many variables one must consider. I suppose that one criminal lawyer's tag line in San Marcos, Texas goes a long way to understanding any legal matter or manuever:
"You can beat the rap, but you can't beat the ride."
I am not sure that Texas has the same problems that Ohio might have or had, but it is good to be careful in any case. Go see your lawyer and get all the facts. Be prepared to handle such a situation if necessary. But do remember, practice your civil rights - the right to remain silent. If the state, county, or city officials don't have any volunteered information it is hard to break a presumption right? One thing is for certain, we do not know the exact details of either case. I do have strong suspicion that Jim is right - probably small town LEO(s) looking for a big town bust at an innocent citizen's cost in time, cost, and reputation. Many towns and cities are trying to set fiream rules and in Texas this is a no no under many circumstances, but not all. Sure a city can restrict firearm discharge in the city, and some other things, but I see them going beyond muncipal jurisdiction or authority to try to regulate firearms in many cases.
If you get a chance to read that story above, can you tell me how you would have exited the vehicle? What do you think about the driver's exit method?
Hoppes
