Car Carry for non-CHL

[glockoneniner]

I apologize, but I did search this for a while and did not find exactly what I was looking for.

A friend of mine just bought a Colt Anaconda (8" barrel). I know he's permitted to transport in his car as long as it's concealed. What is the protocol for him if he gets pulled over? Must he inform the LEO that he has the gun in his car as we CHL holders do?

Thank you!

[Purplehood]

If he is asked, he does.

[ScottDLS]

If he is asked, he does.

Not necessarily. He could exercise his right to remain silent or decline to answer. Not that I am suggesting this is the right thing to do in a routine traffic stop. However, it is an option. Lying is not an option and in some cases could be a crime.

[USA1]

remember the good ole days when you could just take off from the cops and lose em....
....a little hide and seek through the neighborhood with lights off and presto..home free

or ,put the pedal to the metal on the highway and ..bye bye.

this is no longer the country i grew up in.

staying on topic..if they dont ask..dont tell

[boomerang]

If he is asked, he does.

Not necessarily. He could exercise his right to remain silent or decline to answer. Not that I am suggesting this is the right thing to do in a routine traffic stop. However, it is an option. Lying is not an option and in some cases could be a crime.

Unless he's a felon in possession. Then he's allowed to lie because he can't be required to incriminate himself. That's what the courts say.

But even the good guys don't have to volunteer information about firearms in the vehicle, although someone with a CHL is required to display it if asked for ID by police and they're carrying a handgun.

[Purplehood]

I didn't say volunteer. I am stating that if asked, you would have to respond. I might be wrong, but I am sure I will soon find out (gotta love this forum).

[Dexdahex]

Shuuuu.... unless ask

[USA1]

some times i think my NRA sticker might trigger the question

[WildBill]

A friend of mine just bought a Colt Anaconda (8" barrel). I know he's permitted to transport in his car as long as it's concealed.

He must have a big glove box in his vehicle.

[srothstein]

I thought I would give this one a try since there seems to be some confusion. Texas law does not ever explicitly require ANYONE to say if they are armed or not. It does require a person with a CHL to show his license if he is armed. The law IMPLIES that a person who is armed and has a CHL must answer if asked by a peace officer when it gives the officer the authority to disarm him. The implication is how will he know you are armed if you do not have to answer.

But there is no authority in the law for an officer to disarm anyone else, no matter how they may be carrying. If you are another peace officer, a traveler, a security officer, or carrying under the MPA, the officer has no legal authority to disarm you without some justification for the seizure of the weapon. And, without that authority, there is no implication that you are required to answer the question of whether or not you are armed.

As for lying about the answer, it is not illegal. The only time it is illegal to lie to an officer is if you are under oath (perjury) OR if you are making a statement about something relevant to a crime being investigated by the officer (false report to an officer).

And now that I have given the facts as I understand them, I will chime in with some free advice (double your money back if you don't like it). The street is not the place to fight or argue with an officer. Remember the difference between tactics and strategy. Tactics gets you out of the immediate problem and may involve cooperating with the officer. Strategy solves the long term problem and may involve a law suit or a complaint on the officer after the fact.

I usually recommend cooperating with the police at the scene, especially if you have done nothing seriously wrong. Cooperation may get you a warning instead of a ticket. It may also get you a lesser charge (one violation instead of three, misdemeanor instead of felony, etc.) if you have done something minor. Of course, if you have done something seriously wrong, there is no benefit to cooperating and no penalty for the lack.

So, consider the law and its requirements, the final goal of what you want, the intermediate goals, the strategy that will get you to the goals, and the tactics that will handle the situation. Then you can make up your mind on what to do when asked by an officer if you have a gun int he car.

[newlife12176]

Steve R.,

Given the fact that I know you are a LEO, I am impressed with your attitude and the nature of your impartial answer. Most LEO on here and elsewhere would state something like....." YOU SHOULD NEVER LIE TO A PEACE OFFICER!!!....blah blah blah.... Thank you.

USA1...yeah those were the good old days....cant pull that stuff anymore......lol...btw...where did you get the police officer smacking someone over the head with his baton smiley?
I didnt see it in the smiley options....

[ScottDLS]

Well put Steve. Original poster asked if there was a requirement (for friend) to inform if carrying under MPA. As you pointed out, NO. Should he? Maybe. Must he if asked? NO. Can he (legally) lie if he is asked? Maybe. I said earlier lying wasn't an option. Well, it's always an option, but it might not be a good idea and may be illegal.

If I'm the OP's friend and I'm driving around with my 8" bbl Colt in my giant glove box and I get pulled over...I will decide best course of action based on the situation. If my insurance and registration is in said glove box, I'm going to mention it for officer (and my) safety. I really don't want to get shot while "drawing" my insurance card. That's why mine (card) is in my driver side visor.

If (friend) gets pulled for running a red light (thought it was yellow) and after presenting DL/Insurance/etc gets asked...Are their any weapons in the car...Well..."Why do you ask?". I mean how is that relevant to the crime being investigated? Maybe he has his collection of semi-auto rifles in the trunk. So what? Not obligated to get in a discussion with the LEO that's irrelevant to the purpose of the stop.

[USA1]

USA1...yeah those were the good old days....cant pull that stuff anymore......lol...btw...where did you get the police officer smacking someone over the head with his baton smiley?
I didnt see it in the smiley options....

i normally dont like to give away my secrets ,
but here you go http://www.defensivecarry.com/vbulletin ... howsmilies

[rosebud99]

heres an idea......keep your papers clipped to sun visor for easy access and you dont have to worry about opening glove box

[The Annoyed Man]

heres an idea......keep your papers clipped to sun visor for easy access and you dont have to worry about opening glove box

But sooner or later, you have to leave the vehicle. What if you forget your IDs in the car, but are still carrying your firearm?

I bought myself a wallet that comes with a separate folding ID holder. Inside, it has two pockets which are covered with clear vinyl. It's just big enough to accommodate your TDL in one pocket, and your CHL in the other, and when folded, it's not much thicker than both of the IDs together. When you flip it open, you are presenting both IDs to the officer at the same time. I always carry it in my shirt pocket, and that way, it is easily accessible to me if I need it, but I won't forget it in the car.

Mine is brown, but it looks like this: