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by srothstein
Sun Feb 07, 2010 11:36 pm
Forum: General Texas CHL Discussion
Topic: Concealed in the Car
Replies: 19
Views: 2332

Re: Concealed in the Car

Thanks, I can't beleieve I typed it without that.
by srothstein
Sun Feb 07, 2010 11:22 pm
Forum: General Texas CHL Discussion
Topic: Concealed in the Car
Replies: 19
Views: 2332

Re: Concealed in the Car

There is no requirement in the law to answer the question "Do you have a gun on you?" This is true whether or not you have a CHL. The law does require a CHL to present his license when he has a gun, but this is not the same as answering that question. There is no requirement for anyone else to inform the officer in any way, shape, or form.

Now, there is a statement in the law that a peace officer may disarm a person with a CHL under certain circumstances. This certainly implies that you must answer the question or he would not know when to disarm you. But it is not explicitly stated.

To further muddy this water, please remember that the law does not state the gun must be on your person when you are required to present the CHL. It must be "on or about" your person and the console of the car is certainly going to be considered as about you if you are driving.

For simple good tactics, I recommend that you always present your DL, whether you are carrying or not, and you should always answer this question honestly. But, that is just my recommendation on getting along with cops and not a legal requirement or an endorsement of cops attitudes when you do not do this.

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