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by txinvestigator
Sat Jun 16, 2007 9:59 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: HB 1815 bill analysis
Replies: 29
Views: 9132

OverEasy wrote:I read an article in the TSRA magazine a while back that said you don't have to tell a LEO anything other than your name. The article said don't answer any questions about having a weapon or where you are going or comming from. This was for non CHL holders. They even gave a sample statement to make. It was something like: On the advice of an attorney all the information you need is on my drivers license.
Also, a while back some guy in MT or WO got arrested for failing to give his name when asked by a LEO. In the end the court said you are required to give your name but nothing else.
So..., it looks to me that if you don't have a CHL you don't have to answer any questions about weapons in your car and you don't have to consent to a search.
Have I got this right?
We have covered that here before, and in Texas you don't have to tell a cop your name or anything else unless he has arrested you, unless you are engaged in a licensed activity like operating a motor vehicle, hunting, carrying a handgun under a CHL or an armed guard, etc.

In those cases, you have to present the applicable license upon request.

Unless you have a CHL and are carrying under the authority of that CHL, you do not have to tell a cop you are armed. You NEVER have to consent to a search, but a cop can legally disarm a CHLer temporarily.
by txinvestigator
Sat Jun 16, 2007 9:54 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: HB 1815 bill analysis
Replies: 29
Views: 9132

Re: HB 1815 bill analysis

seamusTX wrote:
txinvestigator wrote:UCW makes no mention of the loaded condition of the weapon, or whether it is cased or not. That means a gun in unloaded condition or cased would still be chargeble under UCW, if it meets the other elements.
We've discussed this quite a while back, and you more or less convinced me of the opposite.

If someone who is not a CHL holder goes to a gun store and buys a pistol, how does he legally get from the counter to his vehicle? What if he takes the bus or walks home?

Obviously this is not a problem in practical terms. Police officers do not sit in front of gun stores and arrest buyers.

- Jim
I am not arguing that fact. It is clear that the person must be able to get the weapon from store car to home, etc.

My point is that if a person is in violation of 46.02, UCW, the loaded condition of the weapon matters not. And an unloaded gun would not effect a UCW charge. Its just not in the law.
by txinvestigator
Sat Jun 16, 2007 5:47 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: HB 1815 bill analysis
Replies: 29
Views: 9132

Re: HB 1815 bill analysis

seamusTX wrote: A non-CHL holder still has to get the handgun from the car to another place in a legal fashion. I would guess unloaded and cased would do. This is a concern for anyone who wants to car carry without a CHL: They need to be prepared for the car breaking down.


- Jim
UCW makes no mention of the loaded condition of the weapon, or whether it is cased or not. That means a gun in unloaded condition or cased would still be chargeble under UCW, if it meets the other elements.

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