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This question got asked over at another forum and has generated some discussion:

"I know that if you are carrying while driving it is best, if you are pulled over, to let the officer know that you are a permit holder and that you are carrying that day. However, what is the best way to handle if you are a passenger of someone who is pulled over, and you are carrying?"

Haven't been pulled over while driving since I got my CHL but I always thought that I would just hand the LEO my TDL and CHL and wait until he asked if I was carrying.
Never thought about saying anything if I were a licensed carrying passenger.

What would the LEO's prefer? What does Texas law say about carrying while a passenger?
What would you do in either case?

If you are the passenger, you are not required to do anything until the officer asks you for your ID. And my recommendation is that you do exactly that - nothing. Just sit there quietly and let the officer go about his business with the driver.

Some officers are more jumpy or more suspicious than others. They may take it wrong if you even start to say anything, thinking you are trying to threaten them, convince them to give a break, etc. It is best to not get involved until they involve you. And if you come up on a DPS trooper who approaches from the passenger side, you will notice that this is true for them too generally. They will talk with the driver and almost ignore the passenger other than a polite greeting.

If I'm a passenger in a car pulled over for a simple traffic stop, I'm NOT going to speak unless spoken to by the officer - I'll sit quietly with my seat belt on, keep my hands in sight, and not make any sudden motions; as far as I'm concerned so long as the officer's interaction is with the driver alone, there's no reason to inject myself into the equation.

If I'm asked for my ID by the officer, I'll hand over my own driver's license and CHL without any comment, and answer any proper questions ("Is this your current address?" "Are you carrying now?") honestly and to the point.

This question was asked in my class and the instructor had a good answer in my opinion. You are just that a passenger. Unless you are being asked for identification stay out of it. It is typically between the driver and the officer.

However there are a good number of officers who are now asking if there are any guns in the vehicle. If you are the passenger in this situation it would be best to reply to the officer "Does that mean you would like to see my identification sir?"

This happend to me last summer when my wife was in a bit of a hurry to get to the coast to get our vacation started. The DPS trooper asked if there were any weapons and some other funny stuff I can't remember now. I replied with a laugh then asked if he would like to see my ID. Since I had my young daughters in the backseat of the van he just smiled and asked where it was located. I told him and was told to stay away from it and it would be fine. He then proceeded to give my wife a warning and let us on our way.

It may not be the best way to handle the situation but if the officer is thinking about the reply as the one who pulled us over was it would be sufficient.

HankB wrote:If I'm asked for my ID by the officer, I'll hand over my own driver's license and CHL without any comment, and answer any proper questions ("Is this your current address?" "Are you carrying now?") honestly and to the point.

You are not driving, and you have not been asked for ID. When, and if, you are, be polite and do what Hank suggested.

RJ
(Not quite as annoyed as TAM, but somewhat annoyed...kind of a TSAM)

HankB wrote:If I'm a passenger in a car pulled over for a simple traffic stop, I'm NOT going to speak unless spoken to by the officer - I'll sit quietly with my seat belt on, keep my hands in sight, and not make any sudden motions; as far as I'm concerned so long as the officer's interaction is with the driver alone, there's no reason to inject myself into the equation.

If I'm asked for my ID by the officer, I'll hand over my own driver's license and CHL without any comment, and answer any proper questions ("Is this your current address?" "Are you carrying now?") honestly and to the point.

Okay, another question...

What if you're the passenger in a vehicle, and the driver does not know you're carrying. (Laugh, but I've been in this situation before, didn't get pulled over or anything though.)

If the officer asks 'Are there any Weapons in the vehicle' to the driver, they are obviously going to answer 'no' because they are unaware. Should you speak up at that time and say 'Actually, yes'? What would be the best way to do so without freaking out the officers?

dicion wrote:Okay, another question...

What if you're the passenger in a vehicle, and the driver does not know you're carrying. (Laugh, but I've been in this situation before, didn't get pulled over or anything though.)

If the officer asks 'Are there any Weapons in the vehicle' to the driver, they are obviously going to answer 'no' because they are unaware. Should you speak up at that time and say 'Actually, yes'? What would be the best way to do so without freaking out the officers?

If I were the passenger, I wouldn't say anything until asked. If the driver is asked, he'll answer to his knowledge. If I'm asked, I'll answer to mine. Don't volunteer!

A what if...

what if the boss is driving and is 'anti' ? (or another passenger.)
Learning you are CHL could , very easy, cost you a job or career.

Any way to tip off the trooper without others knowing?

dicion wrote:Okay, another question...

What if you're the passenger in a vehicle, and the driver does not know you're carrying. (Laugh, but I've been in this situation before, didn't get pulled over or anything though.)

If the officer asks 'Are there any Weapons in the vehicle' to the driver, they are obviously going to answer 'no' because they are unaware. Should you speak up at that time and say 'Actually, yes'? What would be the best way to do so without freaking out the officers?

I wouldn't say anything. They asked the operator of the vehicle--not you. They get a little weirded out when the passengers start talking, so I would just leave it be. If they ask you for your ID, that is when you turn over the CHL; ask for discretion if the driver doesn't know.

I had an issue not long after getting my CHL initially. I was carrying in a vehicle of a relative who was unaware that I had my weapon on me. We arrived at what I thought was a forbidden location, so I asked where I could store my weapon. It turned out to be a sore subject between us, and I can tell she still resents my carrying in her vehicle (since my gun was going to go off all by itself ). If you're ever going to carry as a passenger, know the itinerary and the odds that will be deviated from & leaving you in a sticky wicket.

BB 09 wrote:However there are a good number of officers who are now asking if there are any guns in the vehicle. If you are the passenger in this situation it would be best to reply to the officer "Does that mean you would like to see my identification sir?"

Alright so if I'm riding around with my brother who knows I carry and we get pulled over, how should I speak up to when my brother notifies the officer that there is indeed a weapon in the car?

In a previous thread on this subject, someone mentioned the practice of making yourself some cards that say something like " These people do not know I am carrying. Can we keep it this way?" If you are the driver, hand it over as a third card without saying anything. If you are a passenger, and the LEO asks if there is a weapon in the car, ask if he (or she) would like to see my I.D., and if he says "yes", hand him the three cards and hope for the best. He may keep the secret and not ask where it is. I have not made any cards for this purpose. I would be interested in knowing if any of you have.

HankB wrote:If I'm a passenger in a car pulled over for a simple traffic stop, I'm NOT going to speak unless spoken to by the officer - I'll sit quietly with my seat belt on, keep my hands in sight, and not make any sudden motions; as far as I'm concerned so long as the officer's interaction is with the driver alone, there's no reason to inject myself into the equation.

If I'm asked for my ID by the officer, I'll hand over my own driver's license and CHL without any comment, and answer any proper questions ("Is this your current address?" "Are you carrying now?") honestly and to the point.

+1

quote="Brian Mobley"]

HankB wrote:If I'm a passenger in a car pulled over for a simple traffic stop, I'm NOT going to speak unless spoken to by the officer - I'll sit quietly with my seat belt on, keep my hands in sight, and not make any sudden motions; as far as I'm concerned so long as the officer's interaction is with the driver alone, there's no reason to inject myself into the equation.

If I'm asked for my ID by the officer, I'll hand over my own driver's license and CHL without any comment, and answer any proper questions ("Is this your current address?" "Are you carrying now?") honestly and to the point.

[/quote]

blue wrote:A what if...

what if the boss is driving and is 'anti' ? (or another passenger.)
Learning you are CHL could , very easy, cost you a job or career.

Any way to tip off the trooper without others knowing?

Carry a note written on the back of a business card with your TDL/CHL. Hand the note along with the ID to the officer. The note says "Officer, the other person is not aware of my CHL and I would like to keep it that way. Please do not out me to them. Thank you in advance."

You can add, if you want, "The weapon is in a holster on my right hip/left ankle/left shoulder/right pocket" or wherever you carry it) to answer that question before it gets asked. BUT.....if you include this part, you darn well better have the weapon exactly where the note says it is. If the officer decides to disarm you and the gun isn't where you say it is in your note, he or she might be a bit peeved..