If stopped, do you tell LEO you're carrying?

[Art Eatman]

A bit of a followup on the Texas situation: When a Dept of Pub. Safety officer makes a traffic stop, he runs the license plate even before you pull over. If the owner has a CHL, the LEO knows it before you--as owner--step out of your car. It's part of the Motor Vehicle information/Driver's License computer interlink...Or so DPS has said...

In other words, for Texas CHLs, don't mess up and be forgetful.

 

[Larry P.]

Art, as a TX resident (not yet a CHL holder) I find that information most fascinating. If the LEO already knows you hold a CHL, why pray tell are you required to inform him? BTW, I understand TX either has or is about to change the law so that a holder only has to notify an LEO if he is currently armed, where originally he had to advise of CHL whether armed or not (I know, doesn't make any sense to me either).

On the subject of copying down serial numbers, folks, we need to get back to the subject of civil disobedience. If I presented a CHL and the officer asked me where my gun was, I would of course tell him. If he then asked me to hand it over, I would refuse. Period. If he then arrested me for my refusal, I would hand it over and contact my attorney to begin proceedings for filing a false arrest lawsuit. If he was REQUIRED to do so and I was REQUIRED to hand it over, we could go to court. OTOH, perhaps people in states that do such need to have their laws amended, since sensible places do not list what firearm and/or serial numbers are "authorized" for a CHL holder.

Larry P.

 

[Dennis]

Larry,
I believe as of Sept 1, 1997, a CHL holder no longer must inform the officer of his CHL when he (CHL holder) is unarmed. However, Art is right, the officer may know the registered owner of the car is a CHL holder before he (the officer) gets out of the car.

I am a CHL holder and instructor. My wife does not have a CHL. The car is registered in both our names.

If my wife or one of my daughters is stopped (driving our family car), the officer may know "the owner" holds a CHL, but he doesn't know who the driver is until he gets the driver's license.

If I am driving my daughter's truck, the registration says nothing about CHL and I need to tell him before he runs my license.

I am not fond of the current system, but it is better than carrying illegally (which I do NOT confess to have done for 20-some years, ahem). My CHL is a license to carry. It says nothing about whether I own a gun or not.

If and when actual gun registration becomes required, they can kiss my royal all-American dupa.

As for the officer being entitled to take your weapon, it is the law. He can take your weapon back to his car, unload it (including the magazine if it's a SA), and leave it there during the field interview. Upon completion of the interview, if he turns you loose, he will return the gun, magazine, and bullets. It is strongly suggested you do NOT hurriedly begin to reload the magazine in the officer's presence.

Just take your stuff and reload after the officer leaves.

It is Texas state law that any officer can disarm anyone to ensure safety at the scene. Do not refuse to let the officer take your weapon. If he refuses to return it, demand a receipt. If he refuses to give a receipt, ask for his supervisor. If he refuses, go to the nearest police station and report you have been robbed and, yes, get an attorney - preferably an attorney you have lined up beforehand.

On a personal level, I tell my students never to argue with a police officer in the field. "Badge! Gun! He's in charge - unless it's a female officer and then SHE'S in charge!" I use a touch of humor to make the point that the only time you argue with a police officer is in a court of law - represented by an attorney. Otherwise you lose, and you can lose BIG!

 

[Rob Pincus]

Art,

While that may be the case in some stops, Most situations do not allow an officer to run a plate before a stop.. yes, after a stop before he approaches the vehicle, but not very often before the stop.. afterall, is an LEO suppossed to follow a speeder around for a few minutes while he runs the plates?

For that matter. What if a car is registered to me, but I let my brother borrow it??

LEOs hardly ever know what they are getting into, often when they think they do, they are wrong. The idea that the CCW/CHL holder should tell the LEO about being armed is a courtesy. A courtesy which takes the edge off a tense situation. It keeps any potentially dangerous surprises from happening.

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-Essayons