No CHL and traffic stop while carrying in vehicle.

[seamusTX]

If you are the victim of a crime, the police may ask for ID. It's happened to me a couple of times (burglaries).

Most likely you can refuse to show ID, but it's going to look dodgy to the cop.

Also, game wardens are peace officers and can demand to see your hunting license. It's not perfectly clear to me whether you are also obligated to show them your CHL.

I don't know who can demand to see fishing licenses. I've never heard of anyone being questioned while fishing.

- Jim

[Elvis]

You must ID yourself to a Peace Officer if you have been Lawfully Arrested or Lawfully Detained or as a witness to a crime. Yes a Game Warden is a Texas Peace Officer and you must show your CHL to them if asked for ID and you have your handgun on or about your person. The issue about whinning that because you have a CHL and are required to display your license and other citizens that do not have a CHL are not required to is really lost on me. How difficult is it to notify the Officer that you are carrying a handgun and why is this such a big deal for some. It is common sense when dealing with a person that has the ability to shoot me because they might percieve me as a threat, that I am legally armed and I do not pose such a threat. If you show the Officer your arrogence he will gladly show you his authority.

[srothstein]

Elvis (and Lunchbox),

The correct answer to when you must identify is contained in PC 38.02 - Failure to identify. This law says you must identify yourself when you are under arrest. This includes providing your correct name, home address, and date of birth. It does not say you have to produce physical ID, and verbal does meet the law.

In addition, it specifies that you cannot give false information when you are detained, suspected of a crime, or a witness to a crime. In those cases, you can decline to identify but cannot provide false information if you do answer.

An just as an aside so everyone knows, the Court of Criminal Appeals has ruled that a traffic stop IS an arrest, even if you are then let go with just a verbal warning. This was in a decision styled State v Kurtz (IIRC) in 2004.

A Game Warden is a peace officer (as stated in another post), as are park rangers. I believe that the game laws require you to also provide a DL or ID when you are asked for your hunting or fishing license if engaged in one of those activities. In these cases, you must also present your CHL.

I think most of the people in this forum have no problem with identifying or telling officers they are carrying. Most freely admit that they would give their CHL even when they are not carrying. I think the complaint is not truly about telling the officer about the weapon, but the complaint is about the idiocy of the requirement applying to one group when the rest of the state can legally carry and need not tell them. I agree that the rule is outmoded and the law should be repealed.

[boomerang]

The issue about whinning that because you have a CHL and are required to display your license and other citizens that do not have a CHL are not required to is really lost on me.

You think someone with a CHL should be punished by a $2000 fine and confinement in jail for 180 days if they forget to show their CHL during a traffic stop, even though it's legal to carry in a car without a CHL?

[Elvis]

The issue about whinning that because you have a CHL and are required to display your license and other citizens that do not have a CHL are not required to is really lost on me.

You think someone with a CHL should be punished by a $2000 fine and confinement in jail for 180 days if they forget to show their CHL during a traffic stop, even though it's legal to carry in a car without a CHL?

Help me out here, isn't failure to display a 90 day suspension and on your second failure to display a 1-3 year suspension with the possibility you could be charged with a Class B? If that is so then yes I think you need a stern reminder regarding the huge responsibility of carrying a handgun and the position you put the Officer in if you didn’t get the message the first time. As I understand it DPS has never had to revoke a CHL for someone committing a suspendable offence for the third time so sounds like the system works. I had a traffic stop on the interstate a while back and an 18 wheeler blew open the drivers jacket revealing a 1911 on his hip. I didn’t freak out but I did place my hand on my weapon and calmly asked if he had a CHL. He did and I explained the legal requirements for him to notify me and he replied that his instructor didn’t mention that in class. I gave him some advice and did not suspend him as I felt he received poor training and he was not at fault. Now do I think it is FAIR that CHL holders are required to display and other citizens and not while driving? I learned along time ago the law has nothing to do with being FAIR to everyone. The requirement to display for CHL holders is the price you pay for to have the ability to carry in public as well as in your vehicle. Do I think it is FAIR? No. I think citizens with a CHL are held to a higher standard and that is the law of the land as of today. I am not paid to enforce FAIRNESS, I am paid to enforce the law. Change the law and my enforcement of the law will change. Simple really. The other issue I would like to pass on is perception. You know who we are, we drive those goofy cars with goofy lights and wear those goofy uniforms with the goofy belts. When I stop you for a traffic offense I have no clue who you are or what your intentions are regarding your handgun. Did you just commit an armed robbery, do you have warrants and not want to go to jail, are you simply Joe Citizen wanting to protect yourself. Until I am satisfied that you do not intend me harm I will treat you politely, professionally and making a plan to shoot you if needed. This is the stark reality I have to work with every day. Now if you decide you don’t think it is FAIR that you have to show your CHL and no one else does then I will treat you like any other “Man with a Gun”. I will go home at the end of my shift, period. Please understand that the vast majority of Law Enforcement Officers in Texas are outstanding individuals and only ask to be extended cooperation in the performance of their duties. Take a chance and let them know that you are armed and I think you will be treated with the respect you deserve and expect from us.

[boomerang]

I will treat you like any other “Man with a Gun”.

Having a gun in the car is legal for people who aren't criminals.

[lunchbox]

I will treat you like any other “Man with a Gun”.

Having a gun in the car is legal for people who aren't criminals.

and someone carrying in their car (legally mind you) has no responsibility to let an officer know about it hows that make sense

[Elvis]

I will treat you like any other “Man with a Gun”.

Having a gun in the car is legal for people who aren't criminals.

"Man with a gun" shouldn't be suprised if they find themselves staring down the barrel of my gun if I detect the presence of your gun and you didn't think it was important to let me know you were carrying, legal or not. It is a self correcting problem.

[lunchbox]

I will treat you like any other “Man with a Gun”.

Having a gun in the car is legal for people who aren't criminals.

"Man with a gun" shouldn't be suprised if they find themselves staring down the barrel of my gun if I detect the presence of your gun and you didn't think it was important to let me know you were carrying, legal or not. It is a self correcting problem.

then i hope i dont live near you so you never pull me over this is texas after all there are more guns than people

[boomerang]

I can only imagine what he would do to someone who has a bible in their car!

[lunchbox]

I can only imagine what he would do to someone who has a bible in their car!

i better go take mine out of my truck

[Elvis]

Are you guys dense? What is the problem with letting an Officer know you are in possesion of a deadly weapon? I am attempting to give you some hard earned advise here to keep you out of a potential deadly encounter and all you can do is puff your chest and treat me like the enemy. If you don't want any opinions from a LEO then best of luck to you and your ignorance.

[lunchbox]

Are you guys dense? What is the problem with letting an Officer know you are in possesion of a deadly weapon? I am attempting to give you some hard earned advise here to keep you out of a potential deadly encounter and all you can do is puff your chest and treat me like the enemy. If you don't want any opinions from a LEO then best of luck to you and your ignorance.

look the problem is we as CHL must show you that we have a gun then that puts the LEO on edge otherwise he could have gone through the whole thing never needing that info any LEO should be alert and prepared regardless. then in the next stop the guy that just keeps a glock in his car doesnt have to say anything wile that guy is many more times likely to use said weapon against the LEO is required to say nothing. we should not be required to say so when one can legally carry in the car with no CHL. in the car we realy are not carrying under the provisions of the CHL
this should if anything pertain more so to the encounters in public domain

[03Lightningrocks]

Are you guys dense? What is the problem with letting an Officer know you are in possesion of a deadly weapon? I am attempting to give you some hard earned advise here to keep you out of a potential deadly encounter and all you can do is puff your chest and treat me like the enemy. If you don't want any opinions from a LEO then best of luck to you and your ignorance.

Just so you know we aren't all marching to the same drummer, I have no problem what so ever with showing my CHL to an officer during a traffic stop. I want to be sure that the officer knows I am one of the good guys with a gun...not a homeboy with a desire to act out the latest rap song. If it makes an officer feel less threatened for me to show my CHL...what the heck...not a big deal to me.

[AJSully421]

The thing that I find the most interesting is how the laws were made, and how they have changed since. Like many have said, the CHL laws were a whole ton of compromises between those who believe that law abiding folks deserve the right to carry a gun and protect themselves, and those who believe that joe six pack would shot a guy for cutting him off if he had a gun on him. thus, the strange laws. Later some have been changed, such as now places like hospitals, churches, and amusement parks are not automatically off limits. I think that the next logical steps are (in light of the motorist protection act) to no longer have to notify LE while carrying. I seriously think that college carry is the next fight, and as a Jr. at TCU I support it.

Things being as they are, those who were worried about "blood in the streets" have been proven to be idiots, so everything really is back on the table, we got churches and hospitals, next will be schools, then we can move on to bars and race tracks, and eventually it will get to where only courtrooms, commercial airplanes, and prisons are forbidden. and you know what, there is nothing wrong with that. my favorite part is how it happened, they simply put a little provision at the end that says "hey, section 4,5,6, and C (or whatever) no longer apply" and boom, i can carry my 10mm to church! we'll get there, but it will be a fight every time, we will need to contact our state reps, and support the tsra because the NRA isn't too concerned about little state stuff like this.