Search found 4 matches

by 3dfxMM
Thu Jun 06, 2013 7:27 pm
Forum: General Texas CHL Discussion
Topic: Do not go into Killeen. You will be sorry.
Replies: 69
Views: 10973

Re: Do not go into Killeen. You will be sorry.

E.Marquez wrote:
3dfxMM wrote:
E.Marquez wrote:
RogueUSMC wrote:He has no CHL yet so that requirement is not relevant...under MPA, don't mention it until asked about it.
Both carry under CHL and MPA is being discussed in this thread, hence my use of the words "confusing language in this thread" :tiphat:

Additionally the OP stated he is set to receive his CHL in the mail.. Further encouraging me to get the clear requirement to inform if carrying under CHL in this thread. No harm, no foul intended,, if it is knowledge YOU do not need, throw it away.. Perhaps it will help someone though. :cheers2:
What I was trying to convey earlier (and clearly not succeeding) is that there is no requirement to tell the officer you have a weapon. If he asks, then yes, you should tell him. There are a lot of folks on here and elsewhere who will show their CHL whether carrying or not. I am one of them. However, I am of the opinion that doing that is sufficient. If the officer wants to know more he will ask.
Im not positive.. But I think I disagree :smilelol5:

You DO have a requirement to tell the LEO if you are carrying under a CHL once he has asked for ID.. Point is he asked for ID.. not if he asks about a weapon,,,which may or may not come next..

But normally the first thing in my experience the very first thing they do upon making contact, is, "Sir, may I have your license,. Registration and proof of insurance?" . From that second on, you MUST inform him, by way of providing your CHL.. That was my point... You can not wait till he asks about a weapon.

Perhaps we are stating the same thing and Im just missing it.. If so, please excuse my confusion. :tiphat:
I think we are sort of on the same page. Yes, you MUST show him your CHL along with your TDL if you are carrying. There is no need to say anything, particularly about a weapon. If he wants details he can ask and you should answer, but there is no requirement to tell him up front. The fact that so many CHLers always show their CHL means that the officer can't assume that the person is carrying just because they showed him a CHL. Of course, if you don't show it, then they are going to wonder why not once they run your license and may want to find out more at that point. Also, thanks to MPA, they have to assume that all drivers are armed. In all cases, I believe it best to not offer up the information until asked. By information, I mean regarding a weapon, not the CHL itself.
by 3dfxMM
Thu Jun 06, 2013 3:46 pm
Forum: General Texas CHL Discussion
Topic: Do not go into Killeen. You will be sorry.
Replies: 69
Views: 10973

Re: Do not go into Killeen. You will be sorry.

E.Marquez wrote:
RogueUSMC wrote:He has no CHL yet so that requirement is not relevant...under MPA, don't mention it until asked about it.
Both carry under CHL and MPA is being discussed in this thread, hence my use of the words "confusing language in this thread" :tiphat:

Additionally the OP stated he is set to receive his CHL in the mail.. Further encouraging me to get the clear requirement to inform if carrying under CHL in this thread. No harm, no foul intended,, if it is knowledge YOU do not need, throw it away.. Perhaps it will help someone though. :cheers2:
What I was trying to convey earlier (and clearly not succeeding) is that there is no requirement to tell the officer you have a weapon. If he asks, then yes, you should tell him. There are a lot of folks on here and elsewhere who will show their CHL whether carrying or not. I am one of them. However, I am of the opinion that doing that is sufficient. If the officer wants to know more he will ask.
by 3dfxMM
Thu Jun 06, 2013 9:14 am
Forum: General Texas CHL Discussion
Topic: Do not go into Killeen. You will be sorry.
Replies: 69
Views: 10973

Re: Do not go into Killeen. You will be sorry.

baldeagle wrote:
3dfxMM wrote:It doesn't say anything about passengers and the public having access to it. The under control part is in reference to the motor vehicle. It just means that if you are the driver it doesn't have to be your vehicle.

I am curious as to why you told him that you had a firearm. Unless he asks, there is no real reason to mention your firearm whether you have a CHL or not.
This is incorrect. If you have a CHL, you are required by law to inform the officer. There is no penalty if you do not, but you will definitely not be on the officer's good side when he looks you up, finds out you have one and you didn't bother to tell him, especially if you are armed (which you should be). Given how some officers seem completely ignorant of the law, I wouldn't be surprised to see you arrested and charged with the misdemeanor that used to attach to that "crime".
Texas Government Code Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.17(a), eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 12A.02, eff. September 1, 2009.
The September 2009 amendment removed the misdemeanor penalty.

I was not wrong. There is nothing in the law that says you must tell them about your firearm. They should assume that you have one if you hand them your CHL since you wouldn't have needed to do that if you weren't armed, but you don't have to say anything about it unless they ask.
by 3dfxMM
Wed Jun 05, 2013 10:20 am
Forum: General Texas CHL Discussion
Topic: Do not go into Killeen. You will be sorry.
Replies: 69
Views: 10973

Re: Do not go into Killeen. You will be sorry.

It doesn't say anything about passengers and the public having access to it. The under control part is in reference to the motor vehicle. It just means that if you are the driver it doesn't have to be your vehicle.

I am curious as to why you told him that you had a firearm. Unless he asks, there is no real reason to mention your firearm whether you have a CHL or not.

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