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txinvestigator

rwehnau wrote:Large 30.06 posting on the outside wall of the building. Nothing in there except Police Dept and Animal Control. So far, message to City Manager has not been answered.

To what are you referring?

txinvestigator

If they have any offices utilized by the court they can prohibt you.

PS I am right around the corner from you in Wylie.

txinvestigator

Charles L. Cotton wrote: I am not aware of a case on this issue, but I will do some research. This is another situation where a LEO probably wouldn't make the arrest, if he/she were educated on the requirements of a 30.06 sign, and a reasonable DA would not accept charges. However, if a CHL was arrested for crossing such a sign and the DA accepted the charges, then the CHL would have to pay the tab to go to trial, and if found guilty, see if the appellate courts agree with my analysis.

As you can tell from several of my posts, I never suggest that anyone venture into uncharted waters, when it comes to testing the parameters of relatively new statutes.
Regards,
Chas.

I am glad to read that. Something we all need to consider is how much a cop really knows the CHL laws. I am a former cop, and a LEO supporter; however, I have experienced, first hand, what can happen when a LEO THINKS he knows the law.

Below is a copy and paste of an email I sent to our state association;

I had a little situation with one of Dallas finest while on a surveillance yesterday, and the experience bears broadcasting and consideration.

I was completely "darked out" with limo tint and Wal-Mart cling on tint, as well as the sunvisor in the windshield. I know that it is impossible to see inside my vehicle when in that configuration. It had been several hours, and I started the car briefly to allow the battery to charge and cool myself a bit. While doing so a neighbor walking his dog seemed to notice the car running (I drive a mini van that is very quiet and you have to be close to hear it run.). He was very close and began to try to see in. He looked concerned and I saw him write down my LP.

I was parked far enough away from my Subject that I was not really worried about them noticing me.

Sure enough about 1/2 later DPD arrived. They could not see in either, but in an attempt to expidite his departure, I opened the driver's door and made sure my interior light came on. I keep all of my PI and other like ID in an ID case, and my DL and CHL in my wallet.

I already had my ID case out, and I had my hands visible to the officer. As a former cop, I understand and appreciate the fact that the officer has a job to do, and he needs to accurately verify and document when he contacts a person alleging to be a PI. The officer asked me, "whats going on?" or words to that general effect.

I handed him my open ID case and told him I was a PI and working a case. His next question was "are you armed" I replied yes and provided him with my CHL. He asked the usual questions, wrote down some info, and gave me my ID's back and thanked me. He and his back up then stood at the back of my vehicle for a minute.

The contact officer then approached my door agaiin, so I opened it. He then warned that the next time they contacted me, I had better hand over my CHL immediately or they would "take me in". He then chastised me for having to ask for my CHL rather than me provide it with my other ID, and how they don't "play games with guns on the street". He went on and on about losing my license, blah, blah. Not wanting to get in a pissing match I could not win, I thanked him for his "break" and promised to comply. He and his partner then left.

As a CHL INSTRUCTOR, I am well aware of the law. If a Peace Officer or Magistrate demands your ID, and you are carrying a handgun under your CHL, then you must produce the CHL along with your State DL or ID card.

Texas Government Code

Â§411.205. Displaying license; penalty.

(a) If a license holder is carrying a handgun on or about the
license holder's person when a magistrate or a peace officer demands
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. A person who fails or refuses to display
the license and identification as required by this subsection is
subject to suspension of the person's license as provided by Section
411.187.

This officer NEVER asked for ID. I was not in violation of the law, and was not legally arrestable. If he had decided to arrest me, I would have won in court; however, I do not have the time, money or desire to go to jail to prove my point.

So be advised, LEO's may or may not know the specifics of the laws that affect us. We should take every precaution. I intend to place my CHL in my ID case from now on when on a surveillance, and I will always produce it, even if not asked for ID.

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