TexasCHLforum.com

CompVest wrote:I would have included the badge number in the letter but would have deleted it from the forum post as a courtesy.

Sir,

I wanted to both thank you for the professionalism of one of your officers, and at the same time request that you check with your force and possibly correct a misunderstanding that they may have, based on the comment that one of your officers made to me during a traffic stop.

I was on my way to work the other morning, and made the decision not to brake hard for a yellow light in front of your station. On retrospect, I could probably have stopped for the light, but based on the time (0530), traffic levels (none) and my proximity to the light, I proceeded through.

One of your officers pulled me over, and I stopped in the Walgreens parking lot. Killed the engine and the radio, rolled down the window, and turned on the dome light.

The officer approached my vehicle and told me I "cut it pretty close on the yellow", which I admitted to and apologized. He asked for my license and proof of insurance, and I gave him my license. I then told him that my insurance card was in the console... with my Smith and Wesson .40 caliber Sigma pistol. He asked me if I had a CHL, and I answered that I did not. He said that I should not be carrying without one, and I answered that I was under the impression that it was legal to carry in my vehicle as well as between my residence and my vehicle.

He answered that it depended on how the law was interpreted, and that in Bexar County it was interpreted that I should not carry without a CHL.

He then asked me to step out of the vehicle and move back to the front of his vehicle while he called for backup. I did so, and when his backup arrived, he informed him of the situation, and said he was going to get the insurance paperwork out of the console. I gave permission, and he reached into the console and retrieved the paperwork, leaving the weapon alone.

He then wrote me a written warning, and asked me to take it easy and have a good day. I responded in kind.



I applaud the professionalism of the officer and his backup during the entire situation. He did not over-react or get aggressive, rude, or disrespectful in any way.

My concern, though, is his comment about carrying my defensive weapon without a CHL. I am scheduled for the CHL course in mid-July, but in the meantime I am allowed by Texas law to defend myself while driving. I base this on Texas HB 1815, signed by the Governor 06/15/2007 and effective on 7/1/07, which amended Section 46.02 of the Penal code and states that (paraphrased) a person may carry a weapon if he is on his premises or premises under his control, or inside of or directly enroute to his motor vehicle, unless the handgun is in plain view, the person is involved in criminal activity other than a Class C misdemeanor/traffic ordinance, prohibited by other law from possessing a firearm (felon, etc), or a member of a criminal street gang.

None of the above apply, so perhaps the officer was unaware of HB1815, in which case I ask that you ensure your officers are aware of the current status of Section 46.02.

Again, other than his comment about my ability to defend myself while in my vehicle, I applaud the officer's professionalism during the entire situation.

On a side note, if you don't mind, what is your opinion of my actions when initially pulled over? I have been told that most officers prefer that you stop the engine and the radio, roll down the window, and wait for the officer to approach before reaching for anything... License, insurance paperwork, etc. I feel it is best that the officer be totally at ease when approaching my window and for that reason, I'm not going to reach for anything until he requests it. Others I know have expressed the opinion that it's best to have your license and insurance ready for the officer when he arrives at your window. What would you recommend?


For your information, I can't read the signature on the warning, but the officer in question carries badge #3 from the Shavano Park PD. I've also included a link to HB1815 and Texas Penal Code Chapter 46 on which I base my position.

I await your response, and thank you for your time and your professional force.

http://www.capitol.state.tx.us/tlodocs/ ... 01815F.htm" onclick="window.open(this.href);return false;
http://tlo2.tlc.state.tx.us/statutes/do ... 046.00.htm" onclick="window.open(this.href);return false;

srothstein wrote:...concerns the letter to the Chief. I think a letter would still be appropriate, but with a slightly different tone. If I were you, I would write a letter to the Chief describing the incident, but complimenting the officers on how well they handled it. I would then add a copy of the MPA and ask the Cheif if I misunderstood the law or if his officers did. Something along the lines of just wanting to avoid problems, but did I misunderstand this or was the officer not up on the last change to the law and still thinking of the previous "presumption" law? If you make it complimentary, and trying to avoid problems, you are more likely to get the Chief to inform the officers about the law and get what we want. Vinegar and honey and all still works.

TrueFlog wrote:Could he be compelled to unlock the vehicle?

TrueFlog wrote:As others have said, it's probably time to find a new home for your insurance and/or pistol... In your case, you did the right thing 'cuz he was gonna see it anyway, but separating your gun from your insurance, etc. will solve that problem.