TexasCHLforum.com

Long story short, I ride with a motorcycle club but don't carry when I'm on my bike. Reason being, I've been hassled a lot because I'm a biker. I know it's profiling but that's another debate. I got pulled over this past sat heading down to Galveston for an illegal lane change and state trooper asked for I'd, insurance the usual. I totally spazzed and forgot to give him my chl and inform him. But I wasn't carrying. Well when he called me back he drilled me about my chl and where's my pistol and I told him I don't carry when on my bike. He asked me if he could search my saddle bags and I told him go ahead I have nothing to hide. He searched no pistol let me on my way w a warning.

My question is, if we don't inform Leo's , will they take away my CHl?

There is no penalty for failing to inform. However, it is generally encouraged (by myself and others) to offer ID and CHL as soon as stopped WHEN carrying.
In this instance you had no duty to inform of a CHL when you are not carrying. Period.

Having a CHL SHOULD NOT be a waiver of your 4th Amendment rights. I would like to know what probable cause the officer would have had if you had declined consent to search.

Also, see http://texaschlforum.com/viewtopic.php?f=7&t=56619" onclick="window.open(this.href);return false;

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.

I just didn't want to be held up any longer that is why I consented to the search. He was looking to see if I was lieing to him I guess

What club?

Actually, you experienced firsthand the results of not informing immediately.

It sometimes changes the tone of the encounter.

tomtexan wrote: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.

did we miss this part? there is NO requirement to show your CHL if your not carrying, the debate here has been long and many time, but as some say the law is the law and unless I am carrying I do not show my CHL and ALWAYS refuse a search of my vehicle no dicussion no nothing the answer is I DO NOT CONSENT

I do not consent to being searched under any circumstances.

I will always produce my license even if I am not carrying (which is rare) just to keep the stop as pleasant as possible. Not sure why you don't carry while riding, even with a club, as you are legal to do so.

Jumping Frog wrote:I do not consent to being searched under any circumstances.

Same here. Except flying. I always "opt out" and take the pat down over the nude-body scanner.

My first thought was to ask you if you were asking if the LEO or the law was going to hurt you. Then after reading about your experience that still might be a valid question.

The cop was a moron and over reacted and is a typical example of someone with just enough knowledge of a subject to get himself in trouble. Meaning, he knows that a CHL holder must inform him when he asks for ID, but not that it only applies when the CHL holder is carrying and probably that the penalty has been removed.

I understand your eagerness to get the stop over with so you could be on your way. I may or may not have done the same thing. It would have depended on how much of a hurry I was in or how much I was ticked off at his over response. If I was really in a hurry I might consent to a search. However, if he really rubs me wrong and I'm in a fiesty mood, I would not have consented and taken a passive stand against his over reactions.

Jumping Frog wrote:I do not consent to being searched under any circumstances.

Never, ever consent to a search under any circumstances. If the LEO has probable cause, they don't need your consent, and if they don't have probable cause, then they don't need to be searching your stuff.

chepo06 wrote:I just didn't want to be held up any longer that is why I consented to the search. He was looking to see if I was lieing to him I guess

Imagine what would have happened if one of the guys from your motorcycle club had decided to stash some illegal drugs on you motorcycle while you were not looking. He did not wanted to carry it himself in case he got into any trouble, but he figure that since you are such a nice guy you would never get into trouble and no one would have any reason to search your motorcycle. How would that turn out for you? Never consent to a search w/o probable cause.

Katygunnut wrote:

Jumping Frog wrote:I do not consent to being searched under any circumstances.

Never, ever consent to a search under any circumstances. If the LEO has probable cause, they don't need your consent, and if they don't have probable cause, then they don't need to be searching your stuff.

tomtexan wrote: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.

However.... HB2730, which became effective in September 2009, removed any penalty for failure to display your CHL when asked for ID, even when you are armed. So... we have a requirement to display, but no penalty for failing to doing so.

For me... I always display.
But I don't dress like a pirate when I ride my motorcycle (sorry.. couldn't resist.. some of my best friends are Pirates)

This is my opinion... NOT LEGAL ADVICE...

http://www.txdps.state.tx.us/director_s ... 081109.pdf
HB 2730 removes DPS authority to suspend a concealed handgun license (CHL) for the holder’s failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display.