Failed to immediately show CHL

[agaya82]

Hi I'm here because last night I was ambushed by HPD at an
AMC theatre parking lot the initial reasons were they suspected
Suspicious behavior because my girlfriend was crying all over my
Shoulders and she ended up sobing in my lap well between this and
The fact that I was trying to calm her down before the movies for
About 20mins both the time and her leaned over on me they decided to ambush me from all sides
With flashlights and a swarm of undercover vans and trucks.
I was shocked the first thing that went through my mind was
Darn this can't be right it is not right at all what's going on. What's this woman got me into this time!
Well to get to the point! The officer gets in my window and tells me we were having sex in public
And askes me to show Id so I did and I gave him my drivers license
But I failed to show him my chl because It took me about 10 seconds
To collect my self and remember I had a loaded gun in my glove compartment. Well he asked me if I had anything in the car
When they asked if I had anything in the car they
Should know about my mind went blank I said no because my thoughts
Were they meant drugs or illegal weapons so I said no
At that moment he sees the chl in the wallet that I'm handing him for insurance
I didn't take the chl out because this cop was rushing me well after I
Said there was nothing in my car and he saw the chl in my wallet I recollected and said
There was a loaded gun in the glove box.
Right away he told me why did I lie to him and that I was
In serious trouble because I didn't provide my license up front
As instructed in class. They handcuffed both of us and told
Me my license would be revoked. Then they pulled out the
Chl book and made me read out the section were it said
Show chl Id to peace officers, it was rediculous, after that they then wanted
Me to admit I violated it but I declined and responeded that I did hand over the license.
They got even more mad! They then searched my car,
Checked my record, pleaded with my friend to admit she was having sex
But everything was clean we came out clean and they dropped the initial sex charge.
However They were irritated about my chl so then they took
My gun and told me I can forget about college because I have
A felony now and that my license wll be taken from me because
All three cops are gonna show up to court and I'm gonna lose I don't stand a chance. Ultimately
I was carrying my chl like I was supposed to, I would of corrected
Myself but they didn't give me time. They did find my gun and it was concealed
But I gotta go to court now and I'm wondering what's gonna happen to me! I would like to know
What's the best thing to do because I live in a bad part of houston I would
Like my gun back and my chl but these guys are determined to take me down
What should I do? Who should I talk to for defense in Houston if this is a
Felony? I was aware of the rule I broke but It was like a deer in the headlight
My mind locked up
Aaron

Sorry if the caps are off and the grammar its really hard to type on this little phone
But the internet on my computer is out and I'm really worried about this!

[seamusTX]

Welcome to the forum, and I'm sorry that you arrived here with such a rotten story to tell.

Failing to display a CHL is not a crime at all. It can result in your license being suspended for 90 days the first time that you do it.

I can't see that anything that you did was a felony.

If the police ask, "Do you have anything in the car?" the question is so vague that you can't realistically be accused of lying when you answer it.

I'm thinking of what I have in my car. A flashlight, a pair of scissors, some CDs, a couple of towels, a bottle of Tabasco sauce, some Doritos crumbs, huh?

Besides, if you had committed a felony or any misdemeanor that they could have arrested you for, you would be in jail now.

Charles Cotton or someone else in Houston may be able to recommend an attorney. I know that Charles has dealt with a couple of similar cases.

- Jim

[USA1]

i'm very disappointed with those cops attitude .
its like they were on some sort of power trip .

this situation may cause you headaches , but in the end
cooler heads should prevail .

i hope you keep us updated with the outcome of this injustice .
and i wish you luck .

you have definitely turned to the right place for some guidance

[surprise_i'm_armed]

It's time to lawyer up (arrange for a lawyer to handle this in court).

Don't buy the line that you won't be able to college either. That's about as
accurate as the old chestnut used by teachers years ago "This is going on your
permanent record."

It's unfortunate that the police pounced on you while the SO was emotional.

But keep in mind that you ARE a CHL and as one of us, the need to show both
ID's is mandated.

Good luck in the courts. As long as you put out some money for a lawyer, this should
turn out OK.

What kind of gun was confiscated?

Does anyone on the forum think he should somehow document to HPD that this case is
going to trial so they don't destroy his gun?

[USA1]

Does anyone on the forum think he should somehow document to HPD that this case is
going to trial so they don't destroy his gun?

IMO everything should be well documented to the smallest detail

[seamusTX]

Does anyone on the forum think he should somehow document to HPD that this case is
going to trial so they don't destroy his gun?

There's nothing to go to trial for. He wasn't charged with a crime.

HPD has a pretty bad history of "losing" evidence. Hopefully they are more careful now. And if his weapon disappears, it's going to attract the interest of the TSRA, NRA, and Texas ACLU.

- Jim

[USA1]

what should the OPs next move be ?

[nitrogen]

1) call a lawyer
2) with his blessing, call the NRA/TSRA/ACLU
3) Do whatever else the lawyer says.

[seamusTX]

0) Try to relax.

- Jim

[Beiruty]

Got a police report? What happened to your handgun? Under the motorist act. You need no license to keep you handgun loaded in your car. Now, since you have a CHL you are required to hand over both and inform the location of your handgun.

There was an "attempted" law that was not voted on this year, especially for your case. Say, you have no CHDL Id or left said ID at home and forget to remove you handgun from your vehicles. Under CHL laws you are screwed as no you failed to show ID when requested or where the firearm is on-you or near you in a car. Under the motorist protection act. no CHL is needed, no Show of CHL is needed. If asked anything in your car, say yeah sure, some gas and oil, anything else is of not concern to you sir, if you insist on searching my car, please get a search warrant.

[seamusTX]

If asked anything in your car, say yeah sure, some gas and oil, anything else is of not concern to you sir, if you insist on searching my car, please get a search warrant.

You can do that, but don't be surprised if you wake up in jail with a headache, especially in a place like Houston.

- Jim

[Bob Landry]

If you were released at the scene, which you would not have been if that out of control idiot with a badge had thought he had anything at all to nail you on, he is in violation of the law by not returning your weapon. State law says a cop can disarm you during a stop or investigation, but when you are released he is required to return it. If he didn't issue you a citation or some other document with his badge number on it, The first thing I would do is try to find out who the moron is and go for the badge.. What a typical chain-jerking dog squeeze cop. Nothing makes my blood boil quicker than a power crazy cop..

[KJV]

You can do that, but don't be surprised if you wake up in jail with a headache, especially in a place like Houston.

By their Deeds ye shall know them.

[Beiruty]

You can do that, but don't be surprised if you wake up in jail with a headache, especially in a place like Houston.

By their Deeds ye shall know them.

If the cop plays nice, I do in the kind. If he comes like a angry bully, I would invoke the law for protection.

[smyrna]

"Swarm" is open to interpretation. But, I get the jist of the OP...

Some years ago, I was with a girlfriend of mine in a parked truck, in broad daylight in a city park, windows rolled down and listening to the radio. We had slumped down in the bench seat but were not doing anything other than listening to the radio and talking; absolutely nothing inappropriate. All of the sudden, I feel a nudge as if something bumped the truck. When I looked out the back window, a dude had his hands on the tailgate and was shaking the truck.

Being the young (and dumb) buck that I was, I barreled out of the truck and proceeded to confront the guy and ask him what his problem was. It was then that I noticed the plainclothed dude who had shook my truck had a badge and two police cruisers were screeching to a halt behind the truck. One of the officers started poking his head around inside the truck and talking to my then girlfriend while the other two asked me what we had been doing. I guess they realized that nothing inappropriate had happened because after running my DL they just said OK, and practically left without any explanation.

It only occured to me later that we had been targeted as part of a prostitution sting.

To the OP, I think you let the "surprise" of the situation get the better of you with what sounds like some overzealous LEO's. I hope it all works our for you.

Smyrna (who was once naive about prostitution stings as a young buck)