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Do I need to let the LEO know that I have a firearm in the vehicle?

Any bad consequences?

Thanks

Jail I would imagine. Unless you get lucky... You ABSOLUTELY need to let the guy know you have a weapon. And tell him you are CHL too. He is gonna find out as soon as he runs your ID and crosses it with your DL.

This of course is only if you have a weapon.

If you're just stopped for a traffic violation, you can tell the officer your vital statistics, and he can call in to see if you have a valid driver license and CHL.

Depending upon the jurisdiction, they might tow your car if you don't have proof of insurance.

I would say something like, "Officer, I just realized I left my wallet at home. I have a concealed handgun license and I am carrying."

- Jim

Big_Hitter wrote:Do I need to let the LEO know that I have a firearm in the vehicle?

Any bad consequences?

Thanks

Yes, you should in my opinion. He's going to run you for ID, and your CHL is going to come up when he does. You are required under your CHL to inform him as soon as you are asked for ID, and you're breaking the law if you don't. If he comes back after finding out from looking you up, I'm betting he's going to be awful miffed. If you forgot your wallet and told him, he might let you go (don't hold me to that). If you are carrying and don't tell him, you're most likely going to have some trouble.

All that said, don't forget your wallet. If you can remember your gun, you should most certainly be able to remember your wallet. If this is troublesome for you, make it part of your routine to always pat your wallet when you put on your gun - whatever it takes to make sure the two are always connected.

BrassMonkey wrote:Jail I would imagine. Unless you get lucky... You ABSOLUTELY need to let the guy know you have a weapon. And tell him you are CHL too. He is gonna find out as soon as he runs your ID and crosses it with your DL.

This of course is only if you have a weapon.

I'd make sure to tell him you have a CHL even if you're not carrying. As I said previously, it's going to come up when he runs you for ID. It would behoove you to make sure there is no uncertainty and that he doesn't have to ask.

NcongruNt wrote:All that said, don't forget your wallet. If you can remember your gun, you should most certainly be able to remember your wallet. If this is troublesome for you, make it part of your routine to always pat your wallet when you put on your gun - whatever it takes to make sure the two are always connected.

the weapon pretty much stays in the console of my vehicle and I had just come home from work, changed and was at the driving range when I noticed I didn't have my wallet

I just didn't know what to do if I got pulled over on the way back to the house (4 miles away)

Thanks all

Big_Hitter wrote:Do I need to let the LEO know that I have a firearm in the vehicle?

Any bad consequences?

Thanks

Depends. Do you have a CHL? Is the "firearm" a handgun?

Big_Hitter wrote:

NcongruNt wrote:All that said, don't forget your wallet. If you can remember your gun, you should most certainly be able to remember your wallet. If this is troublesome for you, make it part of your routine to always pat your wallet when you put on your gun - whatever it takes to make sure the two are always connected.

the weapon pretty much stays in the console of my vehicle and I had just come home from work, changed and was at the driving range when I noticed I didn't have my wallet

I just didn't know what to do if I got pulled over on the way back to the house (4 miles away)

Thanks all

Don't get pulled over.

I can understand the predicament. I've got ADD tendencies and forget things a lot, particularly if something happens that's out of my ordinary routine, or there are too many distractions going on at once. This is why small things like what I mentioned above are so important to me.

Technically speaking, if you're in your car you are covered under the traveling clause, which should apply even if you left your wallet. Letting the LEO know is still important, IMO, as the question will come up anyway. Harris County may be one of the places where this can go bad, though.

txinvestigator wrote:

Big_Hitter wrote:Do I need to let the LEO know that I have a firearm in the vehicle?

Any bad consequences?

Thanks

Depends. Do you have a CHL? Is the "firearm" a handgun?

If it's not, he's got an awfully big console.

txinvestigator wrote:

Big_Hitter wrote:Do I need to let the LEO know that I have a firearm in the vehicle?

Any bad consequences?

Thanks

Depends. Do you have a CHL? Is the "firearm" a handgun?

yes and yes

Big_Hitter wrote:

txinvestigator wrote:

Big_Hitter wrote:Do I need to let the LEO know that I have a firearm in the vehicle?

Any bad consequences?

Thanks

Depends. Do you have a CHL? Is the "firearm" a handgun?

yes and yes

Ok, the Texas Government Code requires that you display your CHL along with you Texas DL or OD card if a Peace Officer or magistrate demands that you ID yourself and you are carrying under the authority of your CHL.

It is not an arrestable offense to fail to display unless you have previously had your CHL suspended for Failing to display.

That said, without your CHL you COULD be arrested for UCW.

Texas Penal Code 46.15 Non-applicability;

(b) Section 46.02 does not apply to a person who:


(6) is carrying a concealed handgun and a valid license ..........;

If you are not carrying the license but are armed you could be charged under UCW, as the non-applicability would not apply to you..

However, if you are not carrying your CHL, then you are not carrying under the authority of the CHL laws, and could be carrying under the authority of the Traveling Presumption. If that is the case you are under no obligation to inform the officer that you are armed.

BUT, if he runs your DL and discovers you have a CHL and are armed but failed to inform him, he might push the UCW issue. Remember, as CHLers, most of us are intimately familiar with CHL laws. Cops have the entire penal code, CCP, traffic laws, search and seizure laws, etc., to know. Unless an officer specializes in a topic, he is likely to have only general knowledge of the CHL law.

Of course, if you tell him up front that you are carrying and left your CHL at home, he could check via your DL, but what of that system is down, and he cannot verify?



Lesson? Carry your CHL. If you forget, don't act a fool and you likely will not attract the attention of those pesky police.

When someone leaves their wallet, I presume they've left their DL too.

The first words out of your mouth in that situation should be, "Officer, I forgot my wallet, and my DL and Concealed Handgun License are in it, but I can give you my DL number or whatever else you need to confirm my ID."

I'd say it like that, too: "Concealed handgun license", not "CHL", because I'd want to make sure he understood what I was talking about.

Chances are, if he's satisfied with your ID and that you truly forgot your wallet, he's not going to report you to DPS for not carrying your CHL. There are always exceptions, but I believe most police in Texas would chide you to carry your wallet and let it go at that.

Kevin

A couple of years ago, I forgot my wallet and did not realize until I was 15 minutes away from the house.

I pulled over and put my pistol in the trunk of my car and it stayed there until I got back home.

If you are stopped in Harris County carrying a pistol with out a CHL, you are going to jail according to the DA.

Now I check to make sure I have my wallet and pistol everytime I put on a seatbelt.

A couple weeks ago my wife asked me for my DL to fill in some kind of application. I gave her my folder out of my wallet with both my DL and CHL in it. She doesn't give it back. A couple of hours later I take my son out for dinner at a fast food place, open my wallet and realize I had neither my DL or CHL. I immediately went out to my car, unholstered, unloaded and put my gun in a backpack I keep in the back of my SUV.

It wouldn't hurt to make a photocopy of both your DL and CHL and keep it over the visor with your insurance information.