New Texas Car Carry Law and LEO notification

T

tyme

Administrator
Under the new law (effective Sept. 1), handguns in cars are covered under the travelling exception.

Does an armed driver with a CHL still have to notify the officer during a traffic stop?
Does an armed driver without a CHL have any obligation to notify the officer during a traffic stop?
 
My barber's husband is a Dallas cop. I asked her this week that question, and she didn't even know about the new law that takes effect on Sept.1. She's supposed to be asking him for me what the cops are being told in regard to enforcing the new law. I bet they won't get a good briefing.

Lone Star
 
I would imagine that "are you armed", "do you have any weapons" etc will become a routine opener in every traffic stop.
 
Since I have a ccw I will show them my card and tell them I am armed as per the rules before the travelling law changes. I don't know that the requirement has changed, and until or if it is officially changed in a public manner then I am not going to do anything different.

As for the unlicensed public, I don't know if they are supposed to announce their being armed or not. I bet the police ask though.
 
The traveler law really doesn't change anything for a CHL holder. It just provides a defense to prosecution for the rest of the populace and took the "opinion" of the police officer on the scene out of the equation. It makes posession of an out-of-sight handgun in a vehicle a non-issue for folks not otherwise barred from posessing a gun.

CHL holders are still expected to show their permitt at the same time they show their DL to an LEO.
 
So a CHL holder can't decide to carry under the authority of the travelling law instead? In a week, there will be two separate authorizations to carry in a car:
1. CHL
2. "Traveling"

There's no explicit legal requirement to disclose that you're carrying weapons under the "travelling" exception.

Kind-of makes CHL holders second-class citizens while they're driving, doesn't it?

TX code title 37, (ch. 6) rule 6.43
If a license holder is carrying a handgun on or about the license holder's person, then upon demand by a magistrate or a peace officer that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license. The first violation shall result in a 90-day suspension of the license holder's license and the second violation is a Class B misdemeanor under the Act.
Click to expand...
If you don't have a CHL, there doesn't seem to be any requirement to disclose that you have a firearm... unless there's something about mandatory disclosure of weapons in the Vehicle Code. Is there?

Both a CHL and the traveling exception are exceptions to the law, not defenses to prosecution.
46.15 NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(3) is traveling;
(6) is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;
Click to expand...
 
Open carry is not allowed in either case. Even under the traveler exception, the gun "must be out of sight" to the casual observer.

It was also stated in my CHL class that having the CHL does kind of put you in a different "situation" legally. The instructor stated that we were expexted to show the permitt even if we weren't carrying at the time. This proved to be the case during a pullover for me. I had it and there was no problem, but there you go.
 
I see that now. Thanks. I fixed my earlier message to avoid confusion (Part of the new traveling definition is that you're only travelling if you're carrying a handgun concealed. If it's openly carried, you're not presumed to be travelling. That sure makes a lot of sense.)
 
If you have a Texas CHL you need to notify the officer. that law does nothing to effect the requir3ments of a being a CHL holder.
 
LAK,
I would imagine that "are you armed", "do you have any weapons" etc will become a routine opener in every traffic stop.
Click to expand...

You are problably right, however unless you have a concealed handgun liscense then you dont have to answer those questions.

Althought I'm sure that stating that you are not going to answer those questions will certainly make the police nervious.

Personally if I was asked those questions I would not answer them (I would not tell the officer that I'm not answering his question) I would instead make the following statement of fact, "I dont have any illegal weapons."

Hopefully in most cases the officer wouldnt notice the difference.
 
Tyme
Both a CHL and the traveling exception are exceptions to the law, not defenses to prosecution.
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Many people might not realise the significance here; a defense to the prosecution means that you can still be arrested and then in such case can offer that "defense" before a court. Which may or may not be accepted.
 
Many people might not realise the significance here; a defense to the prosecution means that you can still be arrested and then in such case can offer that "defense" before a court. Which may or may not be accepted.
Click to expand...

The law states that it is a positive defense. Yes, you can be arrested and even made to appear in court, but not convicted. So it's kind of silly for them to make the arrest, but they can hassle you.
 
In Texas when an officer pulls up your liscense it also pulls up your CHL if you have one....

Notification of the officer is required by state law if you are a CHL Holder.

first time you fail to do so is a 90 day suspension...

If you want to concel your gun in the seat just throw a cloth over it....
 
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