TexasCHLforum.com

PArrow wrote:I'll give you the on or about your person, but if the gun is in the center console of your car and you are standing at the back bumper I don't believe it's "on or about your person. About would imply within easy reach.

I can't find the case, but the courts disagree with this. Having it in your car is considered on or about your person... in particular the "about your person" part.
When he asked if was armed, a gun sitting literally underneath my elbow, counts. This stop could be real ugly had I tried to say I wasn't armed.

I have my warning citation, and am considering writing about it to someone in Falls County or where ever is appropriate.
For offenses, it only says, "speeding over 70". Doesn't even give a #. I bet I was doing closer to 73 than 75... anyway, glad it's a warning still, but very upset about my gun being checked. The point made earlier about now having it in some database in particular bothers me.

I'm the OP, and have been too busy to participate in most of this discussion, but all I have to say is, "wow, I did not expect it to get this much discussion on here."

After reading all the comments, I've come away with a new view on how I may handle this in the future.

I am doing "ok" financially, so getting a ticket won't break the bank, and I've decided that the risk of getting that ticket is worth exercising my rights.
If this ever happens again, and I suspect it won't as it sounds more rare than common, but if it does... I plan on exiting the vehicle and locking it as described. I will not consent to a search or serial # check. I will ask what cause is there, and if the answer is what he told me on my stop of "it's a routine thing we do to check...etc."
I will ask what crime is am I suspected of related to my legally possessed and owned firearm.

I'm really upset about this stop. He was nice and polite, and I was exhausted, so while it was occurring, I didn't give it much thought honestly. At the time, my goal was to leave without a ticket. My new goal will be to leave without having my rights violated.

couzin wrote:You were probably on one of our 'drug corridors' - probably driving the 'right' kind of vehicle as well. I know others here are sensitized to such stops and really dislike it - but, they are just doing what they are paid to do. Personally - would just be part of what happens occasionally to any citizen and unless I was abused or demeaned somehow - it wouldn't even be a blip on my radar. JMHO

Highway 6 near Marlin in a 4 door (fairly pricey) white German sedan.
I've driven this route for 25 years since going to school in Waco. I'm not sure whether it's considered a 'corridor' for drug running, but wow, do I not fit the profile.

Then, once he came to my door and saw me decked out in college football fan gear and carrying a CHL... it's very odd.

OldCannon wrote:I'm curious if an LEO on this forum (or attorney) can tell me which law says a Texas police officer can "run the numbers" on your pistol without reasonable suspicion that it's stolen. Just because it's a "Glock" doesn't constitute reasonable suspicion.

Just note... he said he was going to check it before he knew what kind of gun it was at all. I just told him it was in the center console. I didn't say what kind, caliber, or style. For all he knew, it would have been a $5000 1911.

The more I think about this, more upset I am getting.

Good replies.

I did what I hate... gave up my rights just to hopefully protect my pocketbook some. I also had the "I have nothing to hide" mentality which is a horrible thing to think. I know we should exercise our rights, or they begin to degrade.

The locking the door and taking the key is a great one.

I wonder what would have happened had he asked for me to let him in and get the gun in order to 'check it' for being stolen?
I would bet that he would claim it was his right under the law cited above, but as mentioned, I was no longer armed at that point... that would be interesting case law which I don't want to be the first case!

He did not search the vehicle. He did not look in the glove box or trunk etc.

He did have to open the center console in order to retrieve my Glock.

Returning home to Houston from Waco after watching my beloved Baylor Bears lay an absolute stinker on the field... I was pulled over by DPS for going 75 in a 70.

It was an 'odd' stop. For one, 5 mph has never gotten me pulled over before. I found that strange, but it was around 11 pm and I thought maybe they're looking more closely for drunks at that time of night.

When pulled over, I lowered the rear sun screen and turned on the dome light, etc. he came to my passenger side and asked for my DL. I gave him both licenses (DL & CHL). He then asked if my gun was on me. I said it was not, but was in my center console under my elbow.

He then asked me to get out of my car. He was very polite and didn't act alarmed or anything, but just asked that I get out. I have never been asked to do that before either. When behind my car, he said it was routine to check the gun to make sure it's not stolen, etc.

He then started asking me all sorts of questions in a friendly manner. He started by asking whether I had any drugs or large amounts of cash in the car. I literally laughed at the cash question. He asked if I'd ever been arrested or had any warrants.
All these questions surprised me... Those of us with a CHL are usually the least likely to have these issues right?

Then he asked about where I was coming from and what I was doing. These kind of questions bug me because really, it's none of his business, and he wasn't asking to be friends. I know there's an agenda or point. I'm not sure what it is though... Guessing to see whether I was intoxicated or on something? Anyway, I used it as an opportunity to get some sympathy and told him about my team sucking it up and now I have the long, late drive home in the middle of the night.
He even started asking what I studied and what I do for a living. It was very strange. Again, he was very polite and friendly, but I just felt there was an agenda and he wasn't making friendly conversation to be just nice.

Lastly, he took my gun to the car and checked it and his computer for about 10 minutes while I stood in front of his car. I just played on my phone and even decided to turn on the audio recording in case he came back with something weird.
He didn't. He put the gun back, and the magazine plus extra round in my cup holders. Then gave me a warning and let me go.

He also noticed no front plate but said nothing.

All in all, it was just fine and pleasant. I didn't get any ticket, so that is a win.

Anyone else have a similar stop? Does anyone know what his agenda when questioning is?