No CHL on your person

[Charles L. Cotton]

This is a question, not a story to relate. Although we are required to have a Texas Driver's License on us when we are driving, it is a common pracitce for LEOs to check for a valid TDL, if the driver forgot it.

For you LEOs, what is your practice when the same thing happens with a CHL holder; i.e. they have their gun but forgot their wallet? What about your fellow officers?

Have any CHLs dealt with this problem?

Chas.

[longtooth]

I didn't know I was gonna start all o this by gist furgittin it once.
I sure want to know the answer though.

[Humanphibian]

I did one time Roanoke (north of Ft. Worth). I informed the officer at the time of contact that I was a chl holder, and I had errantly left my wallet at our restaurant in my briefcase (I was making a delivery at the time). I gave him both my DL number and CHL number off the top of my head, he ran the checks necessary to satisfy his discretion and offered a polite warning for "rolling" the stop sign, and a polite reminder to pick up my wallet when I got back to the store.

I saw him later that evening and he gave me a "thumbs up" with a smile....to which I graciously flashed him an "OK" sign.

[AV8R]

I didn't know I was gonna start all o this by gist furgittin it once. :cry:
I sure want to know the answer though. ;-)

Well, I guess you're in good company. I did the same thing yesterday, going out for lunch after doing yard work, leaving my cards inside. Fortunately, I had a backup shooter with me, GrannyGlock. She was very well armed.

[stevie_d_64]

I believe there is a reasonable chance that a law enforcement officer is going to listen, weight the real issue, and if it checks out anyway, I don't see someone taking issue with it...

Not having the piece of plastic with you is going to be the least of the problems if other factors of why they stopped you for whatever reason...

This whole thing (forgetting CHL) seems to be such a rarity anyway, because where is it??? Its usually with every other thing you carry in your wallet as well...

My CHL number is one of the few numbers I have not committed to memory...I can give the officer my TDL number, he can go check that out and we can play 20 questions to verify...I'm sure the CHL will pop up in that check...So the rest is academic...

I'm not going to really sweat this issue out that much...

[Smokewagon]

A check for drivers license can also be run by name. However common names may have to be narrowed down by age, location, physical description, etc. So maybe a chl can too?

[fizteach]

I consistently ask my wife if she has her "plastic" to which she sometimes replies no. Because of purse, attire changes, this might be a bigger issue for the ladies than it is for us men. I told her I may be bailing her out of jail if she's not careful.

[CHL/LEO]

it is a common practice for LEOs to check for a valid TDL, if the driver forgot it.

At our department - yes.

...what is your practice when the same thing happens with a CHL holder...

If someone has a CHL we will find out when we run their DL. If they have neither with them we will find out when we run a subject check. There is no set policy or procedure at our department as to what we "should" do if this occurs. This is not one of those few offenses where the law dictates that you "shall arrest" the individual, so there is tremendous leeway for the officer. That being said, with 3,000 officers on our department you could have a wide range of responses. Me personally - it would depend upon the reason for initial contact and how the individual responded.

Rule #1 - don't lie to the police. If you forgot your CHL and have your gun with you, just tell the officer that you left your license at home. Let's say you didn't have your CHL and got stopped for whatever reason. If you get caught up spinning some type of tale you are probably not going to like the results.

The good thing is that CHL holders are pretty good about not forgetting their licenses so this is probably a very small occurrence. I, nor any officer I know have ever had this happen.

[srothstein]

This is a good question. I had not considered it since I have not yet ever encountered this situation for CHL's. I think I would go with what was already posted. If I was given the honest truth, I would let it go, just like I do for a TDL. If I was lied to, it had better be a really good story and make me laugh, same as for other violations. I try to give credit for originality when i hear a good excuse.

[Seburiel]

While I don't *yet* have my CHL - I will make it easy on myself and assume that I will be taking the ride if I don't have my license.
that way, I wouldn't be surprised if it did happen.

[stevie_d_64]

This is a good question. I had not considered it since I have not yet ever encountered this situation for CHL's. I think I would go with what was already posted. If I was given the honest truth, I would let it go, just like I do for a TDL. If I was lied to, it had better be a really good story and make me laugh, same as for other violations. I try to give credit for originality when i hear a good excuse.

Then I think I'm really in trouble...

I am not a very original type person...

[BrassMonkey]

I have a photocopy of DL and CHL(front and back) in my glove compartment. Can't hurt...

[Renegade]

This is a question, not a story to relate. Although we are required to have a Texas Driver's License on us when we are driving, it is a common pracitce for LEOs to check for a valid TDL, if the driver forgot it.

For you LEOs, what is your practice when the same thing happens with a CHL holder; i.e. they have their gun but forgot their wallet? What about your fellow officers?

Have any CHLs dealt with this problem?

Chas.

Interesting question, as the new traveling law creates an ambiguity. For example, for contacts with LEO that occur while the CHL is in a motor vehicle, as long as gun is not in plain view, one could argue they do not need a CHL to carry and thus do not need to show CHL. But then since it is still on or about your person, you still need to comply with the provide ID/CHL law when asked for ID.

Right or wrong, I know (IME) when contact is LEO to LEO and the LEO has CHL, CHL law gets ignored and everything is based on LEO NON-APPLICABILITY in 46.15. Should this not apply to CHL too?

[BrassMonkey]

I consider CHL status as a "special class of cotizen" Much akin to Amateur Radio Operators who are a "Protected" class of citizen as most of their operations are governed by Federal Preemption. (Yes sports fans, I was the national test case) kp5kw will attest to this.

Esentially, a holder of a chl is "exempt" from certain restrictive elements of certain statutes. As I see it. EVERYONE has to follow Statutes XX-XXXX, but these people can ignore 1,2, and 3, and in addition these people can ignore, 4,5, and 6. And these people over here can ignore 1,2,4,5, and 6, but must obery 3.

Just my take...

[BrassMonkey]

More directly, it depends on whether you are excersizing your licensed privledges or not. The question you have to ask yourself is... Are you exceprosong the privledged/rights of your CHL? Once you determine that, check your work by looking at the statute which deals with id'ing to a peace officer on an official contact. In my mind, if you are in a car, and have a concealed handgun with you,. and are a licensed CHL, you are excersizing your rights/privs OF a CHL and therefore have to identify.


For example:

When I am flying, I have to provide both my Drivers License as well as my Pilots License to any police officer that asks at any time, anywere in the world. If I am a passenger, I do not have to provide my pilots lience. S'nce I am a passenger, I am not excersizing my licensed authority.

In the FCC's Radio Licensing, when I am using provledges say on 2 meters 144-148Mhz, my station requirements are not as restrictive as if I am operating on say 80meters CW. It all depends on what activities you are performing at the time.

This is a question, not a story to relate. Although we are required to have a Texas Driver's License on us when we are driving, it is a common pracitce for LEOs to check for a valid TDL, if the driver forgot it.

For you LEOs, what is your practice when the same thing happens with a CHL holder; i.e. they have their gun but forgot their wallet? What about your fellow officers?

Have any CHLs dealt with this problem?

Chas.

Interesting question, as the new traveling law creates an ambiguity. For example, for contacts with LEO that occur while the CHL is in a motor vehicle, as long as gun is not in plain view, one could argue they do not need a CHL to carry and thus do not need to show CHL. But then since it is still on or about your person, you still need to comply with the provide ID/CHL law when asked for ID.

Right or wrong, I know (IME) when contact is LEO to LEO and the LEO has CHL, CHL law gets ignored and everything is based on LEO NON-APPLICABILITY in 46.15. Should this not apply to CHL too?