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Two CHL Holders in Car

Posted: Fri Jul 18, 2014 2:22 pm
by RossA
I'm not sure that I have seen this asked here before, so here goes.
Driver and one passenger in car. Both CHL holders, both carrying.
Driver gets stopped for something minor. Gives police his TDL, CHL and insurance. Does everything by the book.
Passenger is not asked to ID himself or talked to by police. Should ( or really must) passenger disclose to police that he has a CHL and a gun?
Never seen any requirement for passenger to do so, since he is not the one being stopped or questioned by police. However, since the law allows police to temporarily disarm driver for officer's safety, seems like he would have the right to disarm passenger as well, but he can't do it if he doesn't know passenger is armed.
What do y'all say?

Re: Two CHL Holders in Car

Posted: Fri Jul 18, 2014 2:51 pm
by sjfcontrol
If you're not asked for ID, there is no requirement to display your license (DL or CHL). Best just to keep your mouth shut unless spoken to. IMHO

Re: Two CHL Holders in Car

Posted: Fri Jul 18, 2014 2:58 pm
by The Annoyed Man
sjfcontrol wrote:If you're not asked for ID, there is no requirement to display your license (DL or CHL). Best just to keep your mouth shut unless spoken to. IMHO
This.

Re: Two CHL Holders in Car

Posted: Fri Jul 18, 2014 3:15 pm
by cb1000rider
You can come up with a bunch of scenarios here that are interesting:
1) What if the gun is in the glove box? Who is responsible for disclosing?
2) What if your passenger is carrying (you're aware) and the officer asks if there are any weapons in the car?

Re: Two CHL Holders in Car

Posted: Fri Jul 18, 2014 3:26 pm
by jmra
cb1000rider wrote:What if your passenger is carrying (you're aware) and the officer asks if there are any weapons in the car?
If I'm driving and am aware that there is a firearm in the car I will answer the officers question honestly.

Re: Two CHL Holders in Car

Posted: Fri Jul 18, 2014 4:40 pm
by RoyGBiv
The Annoyed Man wrote:
sjfcontrol wrote:If you're not asked for ID, there is no requirement to display your license (DL or CHL). Best just to keep your mouth shut unless spoken to. IMHO
This.
Yes.. this..
jmra wrote:
cb1000rider wrote:What if your passenger is carrying (you're aware) and the officer asks if there are any weapons in the car?
If I'm driving and am aware that there is a firearm in the car I will answer the officers question honestly.
And this too...
I'm not worried about "outing" my passenger, because I don't associate with people who carry without a license.. and MPA wold cover him anyway.
The only problem might be if he's a "prohibited person", in which case he deserves to go to jail, for the violation, for being stupid and for lying to me about it. :mrgreen:

Re: Two CHL Holders in Car

Posted: Fri Jul 18, 2014 4:54 pm
by sjfcontrol
RoyGBiv wrote:
The Annoyed Man wrote:
sjfcontrol wrote:If you're not asked for ID, there is no requirement to display your license (DL or CHL). Best just to keep your mouth shut unless spoken to. IMHO
This.
Yes.. this..
jmra wrote:
cb1000rider wrote:What if your passenger is carrying (you're aware) and the officer asks if there are any weapons in the car?
If I'm driving and am aware that there is a firearm in the car I will answer the officers question honestly.
And this too...
I'm not worried about "outing" my passenger, because I don't associate with people who carry without a license.. and MPA wold cover him anyway.
The only problem might be if he's a "prohibited person", in which case he deserves to go to jail, for the violation, for being stupid and for lying to me about it. :mrgreen:
For a passenger to carry under MPA, he'd have to own the vehicle (as presumably it would not be under his control).
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or (2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.

Re: Two CHL Holders in Car

Posted: Fri Jul 18, 2014 7:03 pm
by Mike.B
RossA wrote:I'm not sure that I have seen this asked here before, so here goes.
Driver and one passenger in car. Both CHL holders, both carrying.
Driver gets stopped for something minor. Gives police his TDL, CHL and insurance. Does everything by the book.
Passenger is not asked to ID himself or talked to by police. Should ( or really must) passenger disclose to police that he has a CHL and a gun?
Never seen any requirement for passenger to do so, since he is not the one being stopped or questioned by police. However, since the law allows police to temporarily disarm driver for officer's safety, seems like he would have the right to disarm passenger as well, but he can't do it if he doesn't know passenger is armed.
What do y'all say?
I sit down and shut up until the cop leaves or speaks to you.