Search found 4 matches

by CHL/LEO
Fri Apr 06, 2007 3:38 pm
Forum: General Texas CHL Discussion
Topic: Under 21 Question
Replies: 38
Views: 4027

I'd give a decent lawyer good odds at beating a charge of UCW over a knife or club in a car.
Everyone has to pick their battles and so be it. I personally don't recommend that you take this path in certain jurisdictions. Just like people carrying a concealed weapon without a CHL while they are traveling will have no problem in certain areas of Texas, or by certain LEOs, there are other areas where you're going to be in a world of trouble and out a lot of money.

I'm not here to tell you how a court might rule on your interpretation of this law, I'm only tring to share with you how lot's of LEOs will interpret it AND enforce it. Until there is case law (appeal court level) on this matter, or the AG issues a legal opinion on it, it is really up to the discretion of the local LEOs and prosecutors as to how one is going to be handled.

Again, you pick your battles but this is one that could not only cost you lots of money but also a criminal conviction - which by the way would pretty well bring an end to ever obtaining a CHL.
by CHL/LEO
Fri Apr 06, 2007 12:45 am
Forum: General Texas CHL Discussion
Topic: Under 21 Question
Replies: 38
Views: 4027

A machete or short Samurai sword in its scabbard stuck between the seats is a very effective weapon for carrying in your car or truck.
I can pretty well assure you that if you are stopped in my city, and an officer finds you with either of these illegal weapons, they will be confiscated. Most officers that I know (in my department and others) would probably arrest you, have your vehicle towed, and take you to jail.

Again, my experience is that you would have a far better chance of not going to jail if you had been carrying a gun in your car, even if you didn't have a CHL. With our CHL laws. gun culture, and the ability to "travel" with a handgun in the state, it lends enough acceptance and gray area that lots of officers will cut someone some slack regarding having a gun in their car even if they didn't have a CHL or they were doing so illegally.

No such culture or laws exist pertaining to knives. In fact a lot of negative feelings surround knives. My advice would be not to carry an illegal knife or recommend anyone else to do the same unless you or they are willing to face the consequences.
by CHL/LEO
Wed Apr 04, 2007 4:57 pm
Forum: General Texas CHL Discussion
Topic: Under 21 Question
Replies: 38
Views: 4027

txinvestigator posted:
If the officer asks if I know why he stopped me, I will answer, with a smile, "I bet your gonna tell me".
You're too easy - only a current or retired cop would answer the question that way. :grin:

Now that being said, whenever I do stop someone it's for a legitimate violation. As you're well aware, with our Transportation Code there is no way a person can drive around town for more than 2 minutes without violating several sections of it - PC should never be a problem for a traffic stop in this state

Now when I do have someone stopped on traffic I like to talk them. I guess it's just my nature to be friendly and most people are all uptight about being stopped anyway so maybe it will put them at ease.

Also, if my gut says to look a little closer to see what I might find - "a fishing trip" as you refer to it, I will ask them a few questions. You'd be surprised (well, you wouldn't be but most people would be) at what people will tell you when you just ask them questions like, "Are there any drugs in the car, weapons, guns, knives? Do you have any warrants out for you arrests? Does this car belong to you?"

Unless one is a real sociopath (like Ted Bundy) it gets fairly easy to read people. Hence my comment to txinvestigator about his reply - the average citizen would never make a statement like that. I don't write very many tickets (we've got plenty of officers on our department where traffic enforcement is their primary responsibility) but I will stop people and let them know what they're doing that is in violation of the law so that maybe they will change their behavior. However. blow through a red light, speed through a school zone, or have babies in the vehicle with no car seat, and you're probably going to get a ticket from me.

Head txi's advice and be truthful with any LEO that asks you questions. Don't lie or play games - if you're caught (most of the time you will be) you probably won't like the outcome. CHL holders are as a group very much law abiding citizens and as such rarely come into contact with LE. The ones that I've met on traffic stops have always been easy to deal with.
by CHL/LEO
Wed Apr 04, 2007 3:10 pm
Forum: General Texas CHL Discussion
Topic: Under 21 Question
Replies: 38
Views: 4027

To get to that point, a police officer would have to have a reason to search your vehicle.
Not entirely true. Let's say I stopped Rooster on a traffic stop and while I was conversing with him I asked the question, "Are there any guns in your vehicle?" Now Mr. Rooster being an honest person with nothing to hide replies, "Yes officer I do have a handgun in my car." No warrant needed as Mr. Rooster volunteered that he had a handgun.

Now me personally, I usually could care less if a person is traveling with a handgun - CHL or not - if they are not a criminal and red flags aren't popping up all over the place. Now that's just me; there are plenty of officers on my department that feel exactly that same way and yet there are others that don't - luck of the draw.

My advice is get a CHL as soon as you can and follow the rules so that "gray area" is removed from the formula.

By the way - way back before CHLs ever existed, or I was in LE I carried a gun for protection when I "travelled" which I believe every law abiding citizen should have the right to do.

Return to “Under 21 Question”