TexasCHLforum.com

steveincowtown wrote:

sjfcontrol wrote:I don't think there is any doubt that you're armed when the gun is within the "lunge" area of the car, while you're in the car...

Are you guys saying it STILL applies once you've been removed from the car? That was PArrow's point.

I would have to believe for the purposes of a conviction, if the Officer witness you exit the vehicle and then finds a gun in a "lunge" area (and you were not supposed to be in possession of said weapon) you would 100% be convicted no matter where you were standing.

If we are just talking about whether the officer should have retrieved the gun when he was out of the "lunge" area, I am going to say no.

I am no cop, but I would have to think I am safer with a suspect away from a weapon, then I am bending over on the side of the road and shuffling through a "suspects" car with nobody watching the very person I felt like I had to disarm.


I am all about the "lock" method when stepping out of the car. Simply lock the door and step out.

Officer- "Why did you lock your car?"

Me- "Creature of habit, I always hit the button when I step out so I don't forget."

PArrow wrote:Maybe I missed the post here, by why did you tell him you were carrying? Texas law allows you to carry a conceled weapon in your car without a license. I do not present my CHL unless I have a weapon on my person. I see no reason to tell anyone about a gun in the center console LEO or not. And my answer to "may I look" is "Do you have a warrent?". And If asked if you have a gun in the car tell them yes, and again you want to look I want a warent!

The lock the door as you get out is a great idea!!

WildBill wrote:

sjfcontrol wrote:

WildBill wrote:

sjfcontrol wrote: Regarding #2 -- Do you have some source for this requirement when carrying under MPA?

This topic has been debated on the forum and I don't remember any clear ruling on this. It is my opinion that if one has a CHL one is carrying under the authority of CHL laws and not MPA.

That is neither my, nor the OP's point. He wanted to know about carry in a car WITHOUT a CHL. So that would be carry under MPA since the driver would not have a CHL (is unlicensed). It is my understanding that there is no requirement to inform an officer if your armed under MPA.

Sorry, I misread #2. Not every requirement is written into the MPA law. What is the requirement for a CHL to tell an LEO that they are armed?

WildBill wrote:

sjfcontrol wrote: Regarding #2 -- Do you have some source for this requirement when carrying under MPA?

This topic has been debated on the forum and I don't remember any clear ruling on this. It is my opinion that if one has a CHL one is carrying under the authority of CHL laws and not MPA.

WildBill wrote:

polekitty wrote:Ok, I read most all of the posts and I have some questions I hope will get answered,

1. Do you have to surrender your CHL if you are carrying concealed in your car ( console, glovebox etc.)and not on your person when pulled over?

2. Do you have to inform the LEO if you are carrying concealed in your car when pulled over if you don't have an CHL?

3. Should you surrender your CHL when pulled over if you are not carrying at all?

IANAL, so these are my layman answers. There are certain legal requirements to display your CHL [license]. Display and surrender have different legal meanings. If your CHL is revoked then you have to surrender it.

1. If the LEO asks for ID, yes you have have a requirement to display your CHL.
2. No. If asked, you have to tell that you are carrying a firearm.
3. It is not required, but many suggest that it's a good idea to display your CHL with your DL, even if not carrying.

jimlongley wrote:

Sangiovese wrote: . . . I think the same would apply while running a serial number. The officer has the right to disarm the OP. And although it's a lousy thing to do, he's probably in the clear for running the serial number... but only if he can do it without extending the stop unless he has PC.

I even have a problem with running the serial number.

Why?

Because I have no way of knowing that that serial number has not now been recorded in a database along with my particulars.

AustinBoy wrote:Heres my story. No guns involved.

In my mid-twenties I drove a 1981 Bamboo Biege Porsche 911.

I was pulled over by DPS. I immediately got out of the car and went back to shake his hand. (you could do that back then)

He shook my hand and asked me to stand in front of his car. I asked what I had done and he said he just had some questions. He then proceeded to grill me. Was this my car? Do I let anyone drive it? Where do I work? The questions went on and on.

Finally, he loosened up a little and became more friendly. He proceeded to tell me that there had been a hit and run. The person that ran drove a yellow Porsche. I laughed and said mine is an ugly Bamboo Biege! He said it was close enough to pull me over.

He was very proffessional and nice.

Point being, yes, it may have been a fishing expedition but he just didnt tell you what he was fishing for.

AB