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Being stopped by LEO
Posted: Sun Nov 17, 2013 6:19 pm
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?
Re: Being stopped by LEO
Posted: Sun Nov 17, 2013 6:58 pm
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.
Re: Being stopped by LEO
Posted: Sun Nov 17, 2013 7:27 pm
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.
Re: Being stopped by LEO
Posted: Wed Dec 11, 2013 10:04 pm
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?.
Re: Being stopped by LEO
Posted: Wed Dec 11, 2013 10:07 pm
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.
Re: Being stopped by LEO
Posted: Wed Dec 11, 2013 10:43 pm
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.
Re: Being stopped by LEO
Posted: Thu Dec 12, 2013 7:23 pm
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.
Re: Being stopped by LEO
Posted: Thu Dec 12, 2013 8:03 pm
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.
Re: Being stopped by LEO
Posted: Fri Dec 13, 2013 11:56 pm
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.
Re: Being stopped by LEO
Posted: Sun Dec 15, 2013 12:55 pm
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.
Re: Being stopped by LEO
Posted: Sun Dec 15, 2013 1:21 pm
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.
Re: Being stopped by LEO
Posted: Sun Dec 15, 2013 1:50 pm
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.
What part are you confused by?
Re: Being stopped by LEO
Posted: Sun Dec 15, 2013 2:01 pm
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.
Re: Being stopped by LEO
Posted: Sun Dec 15, 2013 2:54 pm
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 ยง411.205. 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.
Re: Being stopped by LEO
Posted: Sun Dec 15, 2013 3:02 pm
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.