Being stopped by LEO

The "What Works, What Doesn't," "Recommendations & Experiences"

Moderators: carlson1, Crossfire


Topic author
BAW1967
Member
Posts in topic: 2
Posts: 60
Joined: Sun Nov 10, 2013 6:31 pm
Location: Victoria

Being stopped by LEO

#1

Post by BAW1967 »

Taking my CHL class December 16th. Been trying to read up on the laws and such. I do have a question. I know that if you are stopped by a LEO you have yo present your driver's license and your CHL together. But if you are a passenger in a vehicle that is stopped, do you need to show your CHL then or just wait until you are asked for id?
User avatar

Teamless
Senior Member
Posts in topic: 1
Posts: 3241
Joined: Sat Mar 13, 2010 9:51 pm
Location: Houston, Texas

Re: Being stopped by LEO

#2

Post by Teamless »

if you SPECIFICALLY are not asked for ID, or a general, you do not have to show.

If he / she says "I want IDs from everyone in the car", in that case, you DO need to show.
League City, TX
Yankee born, but got to Texas as fast as I could! NRA / PSC / IANAL

Topic author
BAW1967
Member
Posts in topic: 2
Posts: 60
Joined: Sun Nov 10, 2013 6:31 pm
Location: Victoria

Re: Being stopped by LEO

#3

Post by BAW1967 »

Teamless wrote:if you SPECIFICALLY are not asked for ID, or a general, you do not have to show.

If he / she says "I want IDs from everyone in the car", in that case, you DO need to show.
Thanks Teamless that is what I was thinking, just wanted to be sure. :cheers2:

edgar0400
Junior Member
Posts in topic: 2
Posts: 13
Joined: Wed Nov 13, 2013 5:01 pm
Location: Arlington

Re: Being stopped by LEO

#4

Post by edgar0400 »

That sounds good, but what if you are a passenger and LEO asks "any weapons in the car". Even though the question is not precisely directed to you as the passenger, and is more like a general question kind of directed to everyone. In that case are you suppose to show your chl or not?.

apostate
Senior Member
Posts in topic: 1
Posts: 2336
Joined: Sun Oct 14, 2007 10:01 am

Re: Being stopped by LEO

#5

Post by apostate »

edgar0400 wrote:That sounds good, but what if you are a passenger and LEO asks "any weapons in the car". Even though the question is not precisely directed to you as the passenger, and is more like a general question kind of directed to everyone. In that case are you suppose to show your chl or not?.
The law is clear about when you are required to display your CHL. There is no longer a penalty but the requirement is still there.

What you choose to do outside the statutory requirements is up to you. YMMV but I learned a long time ago to not volunteer. ;-)
User avatar

jmra
Senior Member
Posts in topic: 1
Posts: 10371
Joined: Tue Feb 03, 2009 6:51 am
Location: Ellis County

Re: Being stopped by LEO

#6

Post by jmra »

edgar0400 wrote:That sounds good, but what if you are a passenger and LEO asks "any weapons in the car". Even though the question is not precisely directed to you as the passenger, and is more like a general question kind of directed to everyone. In that case are you suppose to show your chl or not?.
In 35 years of driving I've never been asked that question. I think my response as a passenger (if I heard the police officer ask that question and the driver responded "no") would be to state that I had a CHL and was armed. This may not be a legal requirement but it might prevent things from going south during the course of the stop. I'm sure the last thing an officer wants to discover is the presence of a gun when he was told there wasn't one.
Life is tough, but it's tougher when you're stupid.
John Wayne
NRA Lifetime member

cb1000rider
Senior Member
Posts in topic: 1
Posts: 2505
Joined: Wed Jun 12, 2013 3:27 pm

Re: Being stopped by LEO

#7

Post by cb1000rider »

jmra wrote: In 35 years of driving I've never been asked that question. I think my response as a passenger (if I heard the police officer ask that question and the driver responded "no") would be to state that I had a CHL and was armed. This may not be a legal requirement but it might prevent things from going south during the course of the stop. I'm sure the last thing an officer wants to discover is the presence of a gun when he was told there wasn't one.
That's interesting. I'm asked that question almost every single stop. It may have to do with me making an obvious effort to keep my hands on top of the wheel and the fact that I ask for permission before I reach into the glove box or for my wallet.

It is an interesting situation as a passenger - if the officer asks the driver. If the driver is aware, I'd certainly encourage him/her to answer honestly. Answering too honestly - such as "Not that I know of" - I tried that once when driving a friends car - didn't work out too well.

Generally LEOs are nice guys doing a dangerous job, IMHO. Staying in front of them on the honesty side is probably a good policy.
I'd say if you're a passenger and the officer has no interest in you, I'd be quiet until I was asked to do something that might expose your situation.

Ameer
Senior Member
Posts in topic: 1
Posts: 1397
Joined: Thu Sep 16, 2010 8:01 pm

Re: Being stopped by LEO

#8

Post by Ameer »

edgar0400 wrote:That sounds good, but what if you are a passenger and LEO asks "any weapons in the car". Even though the question is not precisely directed to you as the passenger, and is more like a general question kind of directed to everyone. In that case are you suppose to show your chl or not?.
If you say yes to the weapons question as a passenger because you have a handgun then you should also say yes in situations where you have a pocket knife but no handgun. However, even if there are weapons in the car, you don't have to show your CHL unless they demand that you show identification.
I believe the basic political division in this country is not between liberals and conservatives but between those who believe that they should have a say in the personal lives of strangers and those who do not.

edgar0400
Junior Member
Posts in topic: 2
Posts: 13
Joined: Wed Nov 13, 2013 5:01 pm
Location: Arlington

Re: Being stopped by LEO

#9

Post by edgar0400 »

Hey guys on a side note I want to comment on Arlington leo.
I got stopped on Thursday by leo because my inspection was expired. He asked for Id so I showed my DL and CHL and he was really cool about it. Didn't make a big deal about my carrying he only asked where it was and nothing else. This was my first time being stopped by Leo. I have to say it wasn't a bad experience at all.

captainkbt
Junior Member
Posts in topic: 10
Posts: 36
Joined: Tue Jan 04, 2011 4:09 pm

Re: Being stopped by LEO

#10

Post by captainkbt »

edgar0400 wrote:Hey guys on a side note I want to comment on Arlington leo.
I got stopped on Thursday by leo because my inspection was expired. He asked for Id so I showed my DL and CHL and he was really cool about it. Didn't make a big deal about my carrying he only asked where it was and nothing else. This was my first time being stopped by Leo. I have to say it wasn't a bad experience at all.
You don't have to show CHL. The LEO should already know you have CHL. Only if he asks for it specifically.....for which he should have some valid reason. Remember, you can carry a concealed handgun in your vehicle in Texas without CHL.
User avatar

mojo84
Senior Member
Posts in topic: 12
Posts: 9043
Joined: Tue Jun 21, 2011 4:07 pm
Location: Boerne, TX (Kendall County)

Re: Being stopped by LEO

#11

Post by mojo84 »

captainkbt wrote:
edgar0400 wrote:Hey guys on a side note I want to comment on Arlington leo.
I got stopped on Thursday by leo because my inspection was expired. He asked for Id so I showed my DL and CHL and he was really cool about it. Didn't make a big deal about my carrying he only asked where it was and nothing else. This was my first time being stopped by Leo. I have to say it wasn't a bad experience at all.
You don't have to show CHL. The LEO should already know you have CHL. Only if he asks for it specifically.....for which he should have some valid reason. Remember, you can carry a concealed handgun in your vehicle in Texas without CHL.

:headscratch
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.

captainkbt
Junior Member
Posts in topic: 10
Posts: 36
Joined: Tue Jan 04, 2011 4:09 pm

Re: Being stopped by LEO

#12

Post by captainkbt »

mojo84 wrote:
captainkbt wrote:
edgar0400 wrote:Hey guys on a side note I want to comment on Arlington leo.
I got stopped on Thursday by leo because my inspection was expired. He asked for Id so I showed my DL and CHL and he was really cool about it. Didn't make a big deal about my carrying he only asked where it was and nothing else. This was my first time being stopped by Leo. I have to say it wasn't a bad experience at all.
You don't have to show CHL. The LEO should already know you have CHL. Only if he asks for it specifically.....for which he should have some valid reason. Remember, you can carry a concealed handgun in your vehicle in Texas without CHL.

:headscratch

What part are you confused by?
User avatar

mojo84
Senior Member
Posts in topic: 12
Posts: 9043
Joined: Tue Jun 21, 2011 4:07 pm
Location: Boerne, TX (Kendall County)

Re: Being stopped by LEO

#13

Post by mojo84 »

Can you cite the source that says the officer already knows, one doesn't have to show chl and that he must ask for is specifically. In other words, pretty much all of it except the part regarding it being legal to carry in car concealed.
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.

captainkbt
Junior Member
Posts in topic: 10
Posts: 36
Joined: Tue Jan 04, 2011 4:09 pm

Re: Being stopped by LEO

#14

Post by captainkbt »

mojo84 wrote:Can you cite the source that says the officer already knows, one doesn't have to show chl and that he must ask for is specifically. In other words, pretty much all of it except the part regarding it being legal to carry in car concealed.
Source was a DPS officer instructor during CHL instructor training. Told us that LEOs already have that information when they pull you over and run a check prior to approaching your vehicle. Since then, I was told only DPS has this information but I have aslo heard other LEO agencies that have the information on the check. I was stopped by DPS and he asked me for my TDL, insurance, and CHL when he walked up to my window. I always assume an LEO already knows I have a CHL.

Regarding to show or not to show CHL on a stop. Legally speaking, according to Texas Government Code 411.205, you don't have to show your CHL ID until the LEO "demands" that you show it.....and only when you are carrying.

GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (a) If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.
User avatar

sunny beach
Banned
Posts in topic: 3
Posts: 234
Joined: Tue Sep 04, 2012 7:32 pm

Re: Being stopped by LEO

#15

Post by sunny beach »

We have to show it when the peace officer demands identification, such as a drivers license. He doesn't need to specifically ask for the CHL.
Locked

Return to “New to CHL?”