Are CHL holder’s Scrutinized more than non license holders?

[wo5m]

As we all know CHL holders are required to notify an officer in a standard traffic stop that they are packing. However after reading the new newest version of the traveling law I discovered people who are traveling do not. It it me or does this not very fair to the CHL group who are statistically less likely to commit a crime.

wo5m

[txinvestigator]

As we all know CHL holders are required to notify an officer in a standard traffic stop that they are packing. However after reading the new newest version of the traveling law I discovered people who are traveling do not. It it me or does this not very fair to the CHL group who are statistically less likely to commit a crime.

wo5m

Life is not fair. Why would you object to telling a LEO who asks for your ID (and that law is not just for traffic stops, in fact, it does not even mention traffic stops) that you are armed?

[seamusTX]

It it me or does this not very fair to the CHL group ...

It's you.

The requirement for CHL holders to identify was politically necessary when the law was passed, 12 years ago.

Perhaps it could be repealed now, but I don't see it as an issue.

I wonder, if police officers start asking non-CHL drivers if they have a weapon in the car, and the driver says, "I'd rather not answer that question," what will happen?

- Jim

[bauerdj]

I wonder if, from a legal standpoint, if you could NOT show your CHL based on carrying under the car carry law. I can't think of any reason anyone would want to do this unless it was because they had forgotten their CHL at home but it is an interesting legal question.

Dave B.

[alphonso]

Yes, life is not fair. Here is a hypothetical (just for fun):

A CHL holder is going to travel far, but remain in Texas. He leaves his CHL at home and keeps a pistol in the car under the general authority granted him by the Texas travel rules. He gets stopped and asked for ID.

1) Is he in violation for not having his CHL with him?
2) Is he required to inform the officer that he has a gun?

[seamusTX]

NO!

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.

This law does not mention "under the authority" or anything like that. IMO, you could be at home and it would still apply.

Playing games at traffic stops is not on my to-do list. The police will find out you have a CHL if they run your driver license.

- Jim

[txinvestigator]

NO!

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.

This law does not mention "under the authority" or anything like that. IMO, you could be at home and it would still apply.

Playing games at traffic stops is not on my to-do list. The police will find out you have a CHL if they run your driver license.

- Jim

Agreed. Several places the law states, "while carrying under authority of (CHL Law). "

In this section it does not, telling me that it matters not if you are carrying under authority of the CHL, if you are a license holder, you must display.

Hopefully next session the Legislators can clean some of that up.

[Liberty]

NO!

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.

This law does not mention "under the authority" or anything like that. IMO, you could be at home and it would still apply.

Playing games at traffic stops is not on my to-do list. The police will find out you have a CHL if they run your driver license.

- Jim

Personaly I think its a pretty well thought out rule. Showing the CHL is a lot more tactful than stating " I got me a big ole gun officer." at a traffic stop. I've heard stories of officers over reacting, but most of them are of the earlier years when some LEOs didn't know what think of all this CHL business.

[Liberty]

In this section it does not, telling me that it matters not if you are carrying under authority of the CHL, if you are a license holder, you must display.

Hopefully next session the Legislators can clean some of that up.

Why? does it really matter?

[txinvestigator]

In this section it does not, telling me that it matters not if you are carrying under authority of the CHL, if you are a license holder, you must display.

Hopefully next session the Legislators can clean some of that up.

Why? does it really matter?

Just to be consistant, I guess.

[TX Rancher]

In this section it does not, telling me that it matters not if you are carrying under authority of the CHL, if you are a license holder, you must display.

Hopefully next session the Legislators can clean some of that up.

Why? does it really matter?

Just to be consistant, I guess.

The other possibility would be to change the law so anyone carrying would have to inform the officer when asked for ID. That would be consistant too.

[stevie_d_64]

I always looked at it as a reduntant courtesy to the officers...They'll find out anyway, and confirm everything is hunky-dory...

It would not bother me in the slightest if requirement were to go away...Knowing me, I'd forget and keep on notifying, simply by handing them the license when I get stopped...

But if it did come up for review to remove that requirement, the opposition would scream "blood in the streets" again...

I just don't see this to be that big a deal...

I don't want to be treated any different when I get stopped...Nor do I consider the license to be a free walk on anything...

[jrosto]

Pre CHL, when I was stopped for a traffic violation, the officer always asked if I had a firearm in the vehicle.

Now that I present CHL with the license, they don't have to ask.


Re-reading the above it looks like I get stopped a lot. Actually only twice in the last 8 years. A bit more often prior to that.

[OnTexasTime]

I am going to continue to show my license if and when stopped.

Officers I know tell me they are trained to assume everyone has a gun when making a stop. They have also said that when someone hands them a CHL they can assume certain things just with that information. They know what the background check was to get the license.

I would think handing over the CHL would be in the best interest of eveybody.

[ScubaSigGuy]

NO!

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.

This law does not mention "under the authority" or anything like that. IMO, you could be at home and it would still apply.

Playing games at traffic stops is not on my to-do list. The police will find out you have a CHL if they run your driver license.

- Jim

First let me state that I have no issue with declaring CHL status. Even if I didn't have a CHL I would let him know that I had a firearm in the car. When I lived in LA I had to do this on several occasions without incident. I think it makes the LEO more comfortable and the last thing I want is a nervous LEO. They have a hard enough job as it is. But, just for arguments sake what is the legal defintion of "on or about the license holder's person"? Especially as it relates to having a weapon in the center console or similarly hidden.