Can a cop ask you if you're CCW?
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Re: Can a cop ask you if you're CCW?
Ruark,
I'm going to guess (and I may be wrong) that you're fairly new to CHL carrying?
That said, many new to carrying are concerned with bulges that folks, including LEO's, are going to stop you and request further information about said bulges.
Your worry is almost without merit, though I suppose it's very rarely happened, it's highly unlikely you'll experience such a bother.
Perhaps, someone here on the forum has been stopped by an LEO or some nosy stranger about his "bulge", but I would guess few if any have ever been pestered due to their bulge.
I've been carrying for years and have never been requested to explain my "bulge" by neither LEO or nosy stranger and I carry whenever I'm away from home. In other words, a lot...
Relax.
I'm going to guess (and I may be wrong) that you're fairly new to CHL carrying?
That said, many new to carrying are concerned with bulges that folks, including LEO's, are going to stop you and request further information about said bulges.
Your worry is almost without merit, though I suppose it's very rarely happened, it's highly unlikely you'll experience such a bother.
Perhaps, someone here on the forum has been stopped by an LEO or some nosy stranger about his "bulge", but I would guess few if any have ever been pestered due to their bulge.
I've been carrying for years and have never been requested to explain my "bulge" by neither LEO or nosy stranger and I carry whenever I'm away from home. In other words, a lot...
Relax.
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Re: Can a cop ask you if you're CCW?
I've encountered (questions, conversation) or simply been observed by (standing in line, passing by in the store, etc) numerous LEOs under various circumstances that found me walking around outside a vehicle (DPS, local, county, game warden, and border patrol) and never been questioned about the possibility of being armed --and I too have been carrying for years.Abraham wrote:Ruark,
I'm going to guess (and I may be wrong) that you're fairly new to CHL carrying?
That said, many new to carrying are concerned with bulges that folks, including LEO's, are going to stop you and request further information about said bulges.
Your worry is almost without merit, though I suppose it's very rarely happened, it's highly unlikely you'll experience such a bother.
Perhaps, someone here on the forum has been stopped by an LEO or some nosy stranger about his "bulge", but I would guess few if any have ever been pestered due to their bulge.
I've been carrying for years and have never been requested to explain my "bulge" by neither LEO or nosy stranger and I carry whenever I'm away from home. In other words, a lot...
Relax.
"Journalism, n. A job for people who flunked out of STEM courses, enjoy making up stories, and have no detectable integrity or morals."
From the WeaponsMan blog, weaponsman.com
From the WeaponsMan blog, weaponsman.com
Re: Can a cop ask you if you're CCW?
SNIP
I would assume the responding LEO would first clarify with the merchant what the issue is, and if it's only a bulge the LEO would probably tell him that's not a violation, but if the merchant further stated that you were acting suspicious or that he made it clear "no guns allowed" then the dynamics change.
...But what do I know? My wife is not here to tell me!
In response to the gist of your post- imo, anyone can ask any question they want & we dont have to answer - but if a LEO has a legitimate reason, then we might be going for the sad ride if we arent careful.Ruark wrote: I'm visualizing a situation where a store employee sees your bulge, asks if you're CCW, and you tell him it's none of his business, so he calls the police: "I think there's a guy carrying a gun in the store...." and the cop shows up and approaches you with the question.
I would assume the responding LEO would first clarify with the merchant what the issue is, and if it's only a bulge the LEO would probably tell him that's not a violation, but if the merchant further stated that you were acting suspicious or that he made it clear "no guns allowed" then the dynamics change.
...But what do I know? My wife is not here to tell me!
“In the world of lies, truth-telling is a hanging offense"
~Unknown
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Re: Can a cop ask you if you're CCW?
I am a traveler. As a 40 plus man I like to wear a fanny pack and a mobile phone on my belt. I was recently in NYC, where I most certainly don't have a carry permit. So far NYPD has not stopped and frisked me, Perhaps because Mayor DeCommieO changed the rules.Abraham wrote:Ruark,
I'm going to guess (and I may be wrong) that you're fairly new to CHL carrying?
That said, many new to carrying are concerned with bulges that folks, including LEO's, are going to stop you and request further information about said bulges.
Your worry is almost without merit, though I suppose it's very rarely happened, it's highly unlikely you'll experience such a bother.
Perhaps, someone here on the forum has been stopped by an LEO or some nosy stranger about his "bulge", but I would guess few if any have ever been pestered due to their bulge.
I've been carrying for years and have never been requested to explain my "bulge" by neither LEO or nosy stranger and I carry whenever I'm away from home. In other words, a lot...
Relax.
Carry away my friend....carry.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
Re: Can a cop ask you if you're CCW?
Try honesty first. Most LEO'S are going to use reasonable logic and common sense if you are honest and polite. Just show the license and tell them where the weapon is. More likely to have a good outcome than to try and make things harder on everyone involved. No, I am not a LEO. Just know a few.
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Re: Can a cop ask you if you're CCW?
I don't like not telling the truth to anyone, and would certainly be both honest and friendly to a cop.
To a non-threatening fellow citizen I think I'd say that my understanding is Texas allows concealed, secret handguns, so only my hairdresser knows for sure.
Or, I'm mighty happy to see him and leave in the interest of playing hard to get.
To a perceived threat, I'd grab some distance, etc.
To a non-threatening fellow citizen I think I'd say that my understanding is Texas allows concealed, secret handguns, so only my hairdresser knows for sure.
Or, I'm mighty happy to see him and leave in the interest of playing hard to get.
To a perceived threat, I'd grab some distance, etc.
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Re: Can a cop ask you if you're CCW?
Abraham wrote:Ruark,
I'm going to guess (and I may be wrong) that you're fairly new to CHL carrying?
That said, many new to carrying are concerned with bulges that folks, including LEO's, are going to stop you and request further information about said bulges.
Your worry is almost without merit, though I suppose it's very rarely happened, it's highly unlikely you'll experience such a bother.
Perhaps, someone here on the forum has been stopped by an LEO or some nosy stranger about his "bulge", but I would guess few if any have ever been pestered due to their bulge.
I've been carrying for years and have never been requested to explain my "bulge" by neither LEO or nosy stranger and I carry whenever I'm away from home. In other words, a lot...
Relax.
I've seen people carry under tshirts so tight you can tell what model gun they're carrying and no one seems to notice or if they did notice didn't say anything. Of course I don't recommend carrying in such a fashion and stand by my earlier comment that if you are asked you aren't doing it right.
Life is tough, but it's tougher when you're stupid.
John Wayne
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John Wayne
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Re: Can a cop ask you if you're CCW?
It seems to me that the OP's original posting mentioned the penalties for carrying past a valid 30.06 sign. If that's the case, why all the discussion? If it was accidental, get out. If it was intentional, why did you do that?
Am I missing something?
It wouldn't be the first time, I'm not the most politically astute person on the planet. However I make a concerted effort NOT to walk past a 30.06 sign when I'm packing heat.
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Am I missing something?
It wouldn't be the first time, I'm not the most politically astute person on the planet. However I make a concerted effort NOT to walk past a 30.06 sign when I'm packing heat.
--
A man can never have too much red wine, too many books, or too much ammunition. — Rudyard Kipling
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Re: Can a cop ask you if you're CCW?
The original post has a little more to it than you recalled which has increased the scope of the discussion.
Copy & Paste
"If you're completely concealed, can an LEO walk up to you and ask if you're CCW, because he sees that slight bulge under your shirt? Do you have to respond? I'm assume you do, otherwise you'll start some big mess."
Copy & Paste
"If you're completely concealed, can an LEO walk up to you and ask if you're CCW, because he sees that slight bulge under your shirt? Do you have to respond? I'm assume you do, otherwise you'll start some big mess."
der Teufel wrote:It seems to me that the OP's original posting mentioned the penalties for carrying past a valid 30.06 sign. If that's the case, why all the discussion? If it was accidental, get out. If it was intentional, why did you do that?
Am I missing something?
It wouldn't be the first time, I'm not the most politically astute person on the planet. However I make a concerted effort NOT to walk past a 30.06 sign when I'm packing heat.
--
The road goes on forever and the party never ends...
Re: Can a cop ask you if you're CCW?
GC §411.205. REQUIREMENT TO DISPLAY LICENSE. 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.
The triggering event for being required to display your CHL is the demand of an ID by a magistrate or peace officer while you are carrying a handgun on or about your person. Not if they ask to see you super bowl tickets. Not if they demand to see your NRA membership card. It must be a demand to see your ID.
The question is whether the triggering event is done lawfully and within authorized bounds.
Absent of probable cause (in the case of suspicion of a crime) or in the course of a legitimate police investigation where you are reasonably believed to a party to the event being investigated, they can not simply stop you and demand ID because they don't like the way you dress or just because. And if they can't demand ID then the triggering event is absent and you don't show the CHL.
Most LEOs won't stoop to the level of inventing a probable cause but the possibility for abuse is always there.
However, if for any reason you decide to accept the demand (even under questionable circumstances) and provide the ID I believe your reasoning and defense for not also showing the CHL is gone.
tex
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.
The triggering event for being required to display your CHL is the demand of an ID by a magistrate or peace officer while you are carrying a handgun on or about your person. Not if they ask to see you super bowl tickets. Not if they demand to see your NRA membership card. It must be a demand to see your ID.
The question is whether the triggering event is done lawfully and within authorized bounds.
Absent of probable cause (in the case of suspicion of a crime) or in the course of a legitimate police investigation where you are reasonably believed to a party to the event being investigated, they can not simply stop you and demand ID because they don't like the way you dress or just because. And if they can't demand ID then the triggering event is absent and you don't show the CHL.
Most LEOs won't stoop to the level of inventing a probable cause but the possibility for abuse is always there.
However, if for any reason you decide to accept the demand (even under questionable circumstances) and provide the ID I believe your reasoning and defense for not also showing the CHL is gone.
tex
Texas LTC Instructor, NRA Pistol Instructor, CFI, CFII, MEI Instructor Pilot