Concealed in the Car

[donh]

If you're pulled over for, say, speeding, and you happen to not be carrying on your person, but do have a gun in your console, what information do you have to provide? When you hand the officer your DL and CHL, I assume he/she will ask if you are carrying. If you don't have a gun on your body, do you have to volunteer the information that you do, in fact, have one concealed in the car?
Thanks.

[grumble]

I guess I will never understand this question

This is just me, but if asked if I had a weapon, I would answer "Yes, officer" and if he asked where, I would tell him that it is in the console.

Also, under the MPA act, I *believe* (IANAL) that you are required to disclose such information to the officer who stopped you regardless of whether or not you have a CHL.

To me, the answer is just obvious. Especially if, for some reason, the officer has probable cause to search your car, and you've said no, and they find it - you're in that much more hot water.

[boomerang]

I can't find any legal obligation to answer that question but IANAL.

There may be good reasons to answer the question but that's different than havng a requirement to do so.

[TLE2]

If a officer asked me if I had a gun, I would answer. LEO's have a tough job, and I want to put the officer as much at ease as possible, by being truthful, regardless of the legal requirement.

As said here many times, I wouldn't volunteer the info, but if asked, I would answer truthfully.

[donh]

Part of the reason I asked the question is that my CHL instructor (Bill Waybourn at Alpine Gun Range, Fort Worth) was adamant that, if you didn't have a CHL, and you were legally carrying in the console, you have no obligation to provide that information unless specifically asked.

[chabouk]

Also, under the MPA act, I *believe* (IANAL) that you are required to disclose such information to the officer who stopped you regardless of whether or not you have a CHL.

A non-CHL has no duty to notify. That's one reason they removed the penalty for failing to present the CHL plastic along with the DL, because it was more restrictive on CHLs than non-CHLs.

[tacticool]

Part of the reason I asked the question is that my CHL instructor (Bill Waybourn at Alpine Gun Range, Fort Worth) was adamant that, if you didn't have a CHL, and you were legally carrying in the console, you have no obligation to provide that information unless specifically asked.

That's true. You don't need to volunteer that information. I keep quiet unless asked. No reason to give them a heart attack by saying "I HAVE A GUN" out of the blue.

[gtrman66]

Also, under the MPA act, I *believe* (IANAL) that you are required to disclose such information to the officer who stopped you regardless of whether or not you have a CHL.

A non-CHL has no duty to notify. That's one reason they removed the penalty for failing to present the CHL plastic along with the DL, because it was more restrictive on CHLs than non-CHLs.

The penatly was removed? My CHL Class told us to present your CHL and DL at the same time, every time, because when he walks back to his unit and puts in your DL#, your CHL is going to come up too... now he's got wonder if you are carrying and why you didn't let him know.

[Keith B]

Also, under the MPA act, I *believe* (IANAL) that you are required to disclose such information to the officer who stopped you regardless of whether or not you have a CHL.

A non-CHL has no duty to notify. That's one reason they removed the penalty for failing to present the CHL plastic along with the DL, because it was more restrictive on CHLs than non-CHLs.

The penatly was removed? My CHL Class told us to present your CHL and DL at the same time, every time, because when he walks back to his unit and puts in your DL#, your CHL is going to come up too... now he's got wonder if you are carrying and why you didn't let him know.

A CHL holder still has the requirement to present their CHL to a LEO when carrying. The only change was if you fail to do so, there is no penalty for it now. Previously they could suspend your license.

[C-dub]

Part of the reason I asked the question is that my CHL instructor (Bill Waybourn at Alpine Gun Range, Fort Worth) was adamant that, if you didn't have a CHL, and you were legally carrying in the console, you have no obligation to provide that information unless specifically asked.

That's cool. After all the false information we've heard about instructors spreading this one got it right.

[JJVP]

Also, under the MPA act, I *believe* (IANAL) that you are required to disclose such information to the officer who stopped you regardless of whether or not you have a CHL.

A non-CHL has no duty to notify. That's one reason they removed the penalty for failing to present the CHL plastic along with the DL, because it was more restrictive on CHLs than non-CHLs.

The penatly was removed? My CHL Class told us to present your CHL and DL at the same time, every time, because when he walks back to his unit and puts in your DL#, your CHL is going to come up too... now he's got wonder if you are carrying and why you didn't let him know.

Yes the penalty was removed.

Now: (after 2009 legislative session)

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.

Before:

GC §411.205. DISPLAYING LICENSE; PENALTY. (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. A person who
fails or refuses to display the license and identification as required by
this subsection is subject to suspension of the person's license as
provided by Section 41 1.1 87.
(b) A person commits an offense if the person fails or refuses to
display the license and identification as required by Subsection (a)
after previously having had the person's license suspended for a violation
of that subsection. An offense under this subsection is a Class B
misdemeanor.

[donh]

Hold on JJVP, I think you should always present your CHL with your DL; the question was whether you needed to volunteer the information that, while you were not carrying on your person, you did have a gun concealed in your car. (Say I'm splitting hairs if you will (I'm an engineer, after all), but I still think there's a clear distinction, and I haven't heard a definitive answer yet. (Just to keep the convo on course...)

[srothstein]

There is no requirement in the law to answer the question "Do you have a gun on you?" This is true whether or not you have a CHL. The law does require a CHL to present his license when he has a gun, but this is not the same as answering that question. There is no requirement for anyone else to inform the officer in any way, shape, or form.

Now, there is a statement in the law that a peace officer may disarm a person with a CHL under certain circumstances. This certainly implies that you must answer the question or he would not know when to disarm you. But it is not explicitly stated.

To further muddy this water, please remember that the law does not state the gun must be on your person when you are required to present the CHL. It must be "on or about" your person and the console of the car is certainly going to be considered as about you if you are driving.

For simple good tactics, I recommend that you always present your DL, whether you are carrying or not, and you should always answer this question honestly. But, that is just my recommendation on getting along with cops and not a legal requirement or an endorsement of cops attitudes when you do not do this.

[Skiprr]

For simple good tactics, I recommend that you always present your DL and CHL, whether you are carrying or not, and you should always answer this question honestly. But, that is just my recommendation on getting along with cops and not a legal requirement or an endorsement of cops attitudes when you do not do this.

Just reading your mind and correcting it for ya.

[srothstein]

Thanks, I can't beleieve I typed it without that.