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The Annoyed Man
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Re: Question

#16

Post by The Annoyed Man »

It is for this reason that I keep my ID holder in my shirt's breast pocket. I was stopped about 8 years ag (I had a tail light out for which I got a fixit ticket), and when I did, I gave the officer both my TDL & CHL. The CHL was handed back to me, with no questions about my being armed.

There was another time before that, about 10 years ago, when I got stopped for an expired registration sticker — also a fixit ticket. I Shoed the officer both TDL & CHL, he asked me if I was armed, and if so, where my gun was. I said yes, and told him it was OWB on my left hip. He said, "don’t show me yours, and I won’t show you mine." I said, "yessir, that’s fine with me."
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srothstein
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Re: Question

#17

Post by srothstein »

narcissist wrote: Sun Sep 29, 2019 9:48 pmYes but you can carry under castle law only even though you have a LTC.
This is the other part that is bothersome. You cannot carry under the castle doctrine in Texas. This is a philosophy and written into the law as the ability to defend yourself in your own home. It has been extended to defending yourself wherever you have the right to be. But it does not give you the authority to carry a weapon or have any ability to defend yourself when justified.

When you carry in your car without a license, you are actually carrying under the Motorist Protection Act (MPA). And this is irrelevant if you have an LTC because the laws requiring you to notify the officer apply to any person who has an LTC and has a weapon on or about his person, not if they are carrying under the authority of the LTC. For example, I carry under the authority of being a retired police officer (well, until tomorrow when my ID card expires) and I have an LTC. When I am stopped for a traffic violation, I am still legally required to show my LTC to the officer when he asks for my driver's license.
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Beiruty
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Re: Question

#18

Post by Beiruty »

srothstein wrote: Sun Sep 29, 2019 10:40 pm
narcissist wrote: Sun Sep 29, 2019 9:48 pmYes but you can carry under castle law only even though you have a LTC.
This is the other part that is bothersome. You cannot carry under the castle doctrine in Texas. This is a philosophy and written into the law as the ability to defend yourself in your own home. It has been extended to defending yourself wherever you have the right to be. But it does not give you the authority to carry a weapon or have any ability to defend yourself when justified.

When you carry in your car without a license, you are actually carrying under the Motorist Protection Act (MPA). And this is irrelevant if you have an LTC because the laws requiring you to notify the officer apply to any person who has an LTC and has a weapon on or about his person, not if they are carrying under the authority of the LTC. For example, I carry under the authority of being a retired police officer (well, until tomorrow when my ID card expires) and I have an LTC. When I am stopped for a traffic violation, I am still legally required to show my LTC to the officer when he asks for my driver's license.
Correct, The only addendum, is that there is no more penalty for failure to notify/show the LTC to the patrol officer. I still do out of courtesy and personal duty.
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Re: Question

#19

Post by narcissist »

Beiruty wrote: Sun Sep 29, 2019 11:57 pm
srothstein wrote: Sun Sep 29, 2019 10:40 pm
narcissist wrote: Sun Sep 29, 2019 9:48 pmYes but you can carry under castle law only even though you have a LTC.
This is the other part that is bothersome. You cannot carry under the castle doctrine in Texas. This is a philosophy and written into the law as the ability to defend yourself in your own home. It has been extended to defending yourself wherever you have the right to be. But it does not give you the authority to carry a weapon or have any ability to defend yourself when justified.

When you carry in your car without a license, you are actually carrying under the Motorist Protection Act (MPA). And this is irrelevant if you have an LTC because the laws requiring you to notify the officer apply to any person who has an LTC and has a weapon on or about his person, not if they are carrying under the authority of the LTC. For example, I carry under the authority of being a retired police officer (well, until tomorrow when my ID card expires) and I have an LTC. When I am stopped for a traffic violation, I am still legally required to show my LTC to the officer when he asks for my driver's license.
Correct, The only addendum, is that there is no more penalty for failure to notify/show the LTC to the patrol officer. I still do out of courtesy and personal duty.
I feel like the officer's would be at peace knowing your background was checked ect. Your bassically a good guy im just kinda confused when three different agencies/professionals warn me of what to do in the situation thats all.

Trust me im confused on what to do since this has been told to me by Law Enforcement officials. They way they had put it was its all about arrest numbers to make the officer look good and if for some reason they dont like the way you look watch out.

I do have tattoos in which they have told me to always keep coverd up due to "profiling". Basically if they dont like you in any way shape or form, attitude or otherwise they have had their own officers "brag" about committing these acts.

I respect Law Enforcement, they have a Heck of a hard job to do but just dont want a record just because I wore a short sleve shirt and he feels like I dont deserve the right to carry? Dont know if that makes sense or not?
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Re: Question

#20

Post by DynamicDan »

I got stopped down the street from my house. Didn't stop completely at a stop sign. Handed both licenses too the officer. He gave me a lecture about stopping at stop signs asked me where my firearm was and sent me on my way.
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Re: Question

#21

Post by ELB »

I haven't been stopped on the road by cops often, maybe three times in the last 15-20 years? But none of them worried about my LTC. Once it was a tail light out, once was the license plate light out (altho that was on New Year's Eve, I suspect a pretext ;-) ). The cops immediately handed back my DL and LTC and said just get the light fixed.

One night I was suspected of driving a stolen vehicle, and it was the LTC that alerted the cop otherwise. As soon as I handed the LTC to him his brow furrowed, he got a confused/concerned look in his face, and he said "Wait just a moment". He walked around to the front of my truck obviously looking at the license plate and got on the radio. When he came back to the window he apologized for stopping me, said he had run my plate but put in an incorrect digit the first time, so vehicle coming back didn't match. When he ran the correct number it came back OK.

I have no doubt there are shady officers that will go out of their way to invent crime, but I'd say the odds are better if you fork up the LTC as soon as possible in the conversation.
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03Lightningrocks
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Re: Question

#22

Post by 03Lightningrocks »

Rob72 wrote: Mon Sep 30, 2019 1:10 pm
narcissist wrote: Mon Sep 30, 2019 12:48 am I feel like the officer's would be at peace knowing your background was checked ect. Your bassically a good guy im just kinda confused when three different agencies/professionals warn me of what to do in the situation thats all.

Trust me im confused on what to do since this has been told to me by Law Enforcement officials. They way they had put it was its all about arrest numbers to make the officer look good and if for some reason they dont like the way you look watch out.

I do have tattoos in which they have told me to always keep coverd up due to "profiling". Basically if they dont like you in any way shape or form, attitude or otherwise they have had their own officers "brag" about committing these acts.

I respect Law Enforcement, they have a Heck of a hard job to do but just dont want a record just because I wore a short sleve shirt and he feels like I dont deserve the right to carry? Dont know if that makes sense or not?
"Profiling" tats- really, really, dated, and totally incorrect, unless you have some other tweeker characteristics. Tatoos are fairly ubiquitous at this time, particularly so among veterans, so unless you're toothless with a random spastic twitch, or have profoundly slurred speech, a glass pipe on your console, and/or an "I HATE PIGS!" t-shirt, being looked at askance because you're inked is more a rarity than a norm.

"...they have had their own officers "brag" about committing these acts." This is really bothersome. This indicates that they were directive authorities in establishing such behavior. "I ain't sayin' I ever dun it, but I shore told mah boys to!" really comes across there. Could be wrong, but what you quoted is pretty clear, in that they were supervisors and did not challenge or correct this behavior.

Personally, in Oklahoma (haven't been stopped in Texas) I always notified and carried on-body. No issues.
I read the post the same way. Bad cops saying what they would do by projecting it on all other cops.
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Re: Question

#23

Post by narcissist »

Rob72 wrote: Mon Sep 30, 2019 1:10 pm
narcissist wrote: Mon Sep 30, 2019 12:48 am I feel like the officer's would be at peace knowing your background was checked ect. Your bassically a good guy im just kinda confused when three different agencies/professionals warn me of what to do in the situation thats all.

Trust me im confused on what to do since this has been told to me by Law Enforcement officials. They way they had put it was its all about arrest numbers to make the officer look good and if for some reason they dont like the way you look watch out.

I do have tattoos in which they have told me to always keep coverd up due to "profiling". Basically if they dont like you in any way shape or form, attitude or otherwise they have had their own officers "brag" about committing these acts.

I respect Law Enforcement, they have a Heck of a hard job to do but just dont want a record just because I wore a short sleve shirt and he feels like I dont deserve the right to carry? Dont know if that makes sense or not?
"Profiling" tats- really, really, dated, and totally incorrect, unless you have some other tweeker characteristics. Tatoos are fairly ubiquitous at this time, particularly so among veterans, so unless you're toothless with a random spastic twitch, or have profoundly slurred speech, a glass pipe on your console, and/or an "I HATE PIGS!" t-shirt, being looked at askance because you're inked is more a rarity than a norm.

"...they have had their own officers "brag" about committing these acts." This is really bothersome. This indicates that they were directive authorities in establishing such behavior. "I ain't sayin' I ever dun it, but I shore told mah boys to!" really comes across there. Could be wrong, but what you quoted is pretty clear, in that they were supervisors and did not challenge or correct this behavior.

Personally, in Oklahoma (haven't been stopped in Texas) I always notified and carried on-body. No issues.
Where can I buy a shirt like that "rlol" just telling the "truth" as I was told by upper Law Enforcement, heck one's my uncle still on the job. I'll keep my "pipe" at home :smilelol5: luckily my twitch is gone now.

You are right about not correcting the behavior of the officer's they spoke of. Sad part is those certain officer's are getting acknowledged about the "good" they've done. I belive its politics that get in the way of doing what's right at times, afraid of retaliation ect. ?
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Re: Question

#24

Post by oohrah »

It’s not called “castle law”, it’s called MPA for Motorist Protection Act.
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Re: Question

#25

Post by Liberty »

I've been pulled over a few times. I use the same procedure. I hand over my drivers license and my CHL/LTC when asked for my license. Sometimes I have been asked if I am carrying and where it is. I tell them where and they usually jokingly state "Don't show me yours and I won't show you mine", I've had officers thank me for carrying. One officer in Seabrook, told me he wouldn't ticket me becaususe I was a conciencious CHL holder and might be in a position someday to assist him. One officer was a little hostile to me in general (I think he was looking for someone) He asked me a lot of questions about where I was going, why? and Why a I had a ham radio. He aslo aske for my Social Security number. I refused to give him that. He didn't give me a ticket, and my being armed wasn't an issue.

Another time I got pulled over for speeding in a construction zone in Louisianna. The officer asked me to disarm leave my weapon in the car and to step out behind the car. I wasn't happy about it, but I didn't complain. He ran my info, came back asked me about my old army service (no combat service) and thanked me for it anyway. Told me he doesn't ticket veterans and let me go.

All in all showing the plastic hasn't been very negative, sometimes positive.

One caveat though for folks who like to imbibe weed. Don't do it or have it on you while armed. Having weed on your person isn't considered a big deal these days with a lot of young people. Being armed while in possession esculates things.
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Re: Question

#26

Post by narcissist »

Liberty wrote: Tue Oct 01, 2019 8:23 am Having weed on your person isn't considered a big deal these days with a lot of young people. Being armed while in possession esculates things.
Yes this would be a Very Bad thing to do.[ gun with illegal drugs=felony ], went from a Class B Misdemeanor way up!

When I took the LTC class the instructor had said you can have alcohol in your system if your under the legal limit. I kinda looked at him funny when he stated that. My suggestion is to NEVER have any alcohol in your system, now he also stated something about controlled substances in your system. I asked does it count if its through a Dr. He could not answer this question but did say it was a good question though :confused5

Does anyone know about the controlled substance if prescribed. Im sure there are more then a few on this forum who are prescribed some kind of medication.
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Re: Question

#27

Post by Keith B »

narcissist wrote: Tue Oct 01, 2019 8:41 am
Liberty wrote: Tue Oct 01, 2019 8:23 am Having weed on your person isn't considered a big deal these days with a lot of young people. Being armed while in possession esculates things.
Yes this would be a Very Bad thing to do.[ gun with illegal drugs=felony ], went from a Class B Misdemeanor way up!

When I took the LTC class the instructor had said you can have alcohol in your system if your under the legal limit. I kinda looked at him funny when he stated that. My suggestion is to NEVER have any alcohol in your system, now he also stated something about controlled substances in your system. I asked does it count if its through a Dr. He could not answer this question but did say it was a good question though :confused5

Does anyone know about the controlled substance if prescribed. Im sure there are more then a few on this forum who are prescribed some kind of medication.
As srothstein stated, as an LTC you are carrying under that authority and not the MPA. You legally must show your license to the officer when carrying and asked for ID.

As for prescription drugs or alcohol, it falls to impairment. The definition states you cannot be impaired while carrying. So, if the drugs do cause impairment of your normal faculties, then you are legally in violation of the law if carrying. Same for alcohol. The law states impaired OR .08 BAC or greater. The officer has the discretion of arresting you at a lower BAC if they feel you are impaired.

My personal is to not drink if carrying. That way if anything does arise, there is no question as to impairment by alcohol.
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Re: Question

#28

Post by mojo84 »

I do not believe multiple officers gave the advice stated in the original post. Neither a good or bad cop would give that advice. Bad cops do not advertise they are bad cops and good cops would never give such dangerous and ridiculous advice.

Have never ever heard a cop recommend anyone handle a gun for any reason at any point during a traffic stop. The castle doctrine comment even further reduces the credibility of the original post.

Looks to me like someone is just trying to stimulate conversation for conversations sake.
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Re: Question

#29

Post by WTR »

I thought that if you are a TX resident that the Officer would be alerted if you have a LTC. I’ve been pulled over three times since I have had a CHL. All three stops were positive and I have been sent on my way with no tickets or hassle. I have even thanked on two of those stops for carrying.
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