TexasCHLforum.com

jimlongley wrote:Considering other TX laws about the presence of objects in the passenger compartment of a vehicle, I don't see any way to interpret the guns being on the dash as not being in possession or control.

Forgive me for getting off topic. I am not arguing about the wisdom of putting guns on the dash or whether you can get them fast. My answer to your question is "because the LEO told me to put it there and leave it there."

You may be right by the letter of the law, but if I were charged with failure to conceal in similar circumstances, my defense would be "I was ordered by the police to place my gun on the dash and I did exactly what I was ordered to do." Being charged for failure to conceal would be like you getting pulled over on the highway by the police and then getting a ticket for illegal parking because you stopped.

jimlongley wrote:It also seems to me that he was suborning a violation of the letter of the law. Guns sitting on the dashboard can hardly be considered to be concealed and I can't think of any way to interpret the law to allow a LEO to make CHLers display their guns in that manner.

I would think that if you were ordered by an LEO to put your handgun on the dashboard, you would be considered to be "disarmed" by the LEO. Therfore, the weapon would no longer be "in your possession" or "under your control." ANAL, but that would be my strategy!

Charles L. Cotton wrote:That's the first time I've heard of a LEO asking a CHL to handle their handgun. Chas.

Make that two. When I was pulled over mine was in the glove box. She asked for proof of insurance and I told her it was in the glove box and that I had a pistol in it. She asked me to take the handgun out and put it on my seat. When I got my insurance papers she instructed me to put the handgun back in the glove box and close it. After the stop was over she thanked me for being safe with my handgun. I still got the ticket.