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by srothstein
Thu May 08, 2014 5:56 pm
Forum: General Texas CHL Discussion
Topic: Question about requirement to disclose you are carrying?
Replies: 35
Views: 7491

Re: Question about requirement to disclose you are carrying?

I think it has been answered in this thread already, but I want to be sure you see it and understand.

There is NO law at any point in time that requires you to answer a police officer when he asks if you are armed. Since you do not have to answer at all, this means that you do not need to disclose your status to him.

Lying may be a crime however, depending on how the officer feels and what he is doing, which may be different from what you think he is doing. Penal Code section 37.08 says

"(a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:

(1) a peace officer or federal special investigator conducting the investigation;"

If the officer is actually conducting an investigation of your weapons status, lying to him would be a crime. Just as there is no law requiring you to answer his questions, there is no law requiring him to disclose to you all of his motives.


Having covered the law, I will now mention once again that tactics makes a big difference in your life. When you are polite and cooperative with an officer, he will be much more inclined to release you with a warning. When you obstruct him or irritate him, he will be much more inclined to arrest you. This may not be nice or fair or even right, but cops are humans with human emotions. That is the real world.

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