So I have a hypothetical; camping, rowdy crowd, LEO

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M1A
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So I have a hypothetical; camping, rowdy crowd, LEO

#1

Post by M1A »

I recieved my CHL a few months ago and have been wondering a few things.

Say I was camping at the lake in a state park. I have my pistol locked in my vehicle during the day (during water activities, etc.). I would probably leave it in there until I hit the tent for bed. If some friends or acquaintances got loud or stupid enough to draw attention and the Police came to investigate and I was somehow tossed into the mix, what next? If I was intoxicated and they asked for ID from everyone. I of course show both CHL and DL and they ask if I have a gun on me, do I tell them "no" or do I inform them its in my vehicle? Would saying its in my vehicle open me up for more problems?

I am not loud and don't cause trouble, but I can see a situation similar to this happening at some point in my life and I am wondering what the correct course of action would be. Keep in mind I would not have a firearm on me while consuming alcohol.
Also, is having a firearm in your tent covered by The Castle Doctrine?


Thank in advance
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Re: So I have a hypothetical; camping, rowdy crowd, LEO

#2

Post by texjames »

You are allowd to have a concealed handgun in your vehicle in Texas even without a CHL so i guess you could show the LEO your CHL
just to prevent him from getting to excited.They should have no reason to look in your vehicle anyway as well without your permission or
unless you gave some probable cause.
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Scire.Factor
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Re: So I have a hypothetical; camping, rowdy crowd, LEO

#3

Post by Scire.Factor »

I wouldn't inform the officer that there was a gun in the car or provide him the concealed carry license unless he specifically asked about either. The only way I would inform the officer is if he A) asked about weapons/guns or B) was to look in the car for any reason.... especially because you are not carrying.

Which brings me to a follow up question. I am going to be new to Texas - so is Texas a must inform officer state (if you are actually concealed carrying and an officer pulls you over or questions you for anything)? I know Florida is NOT a must inform officer state.
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Re: So I have a hypothetical; camping, rowdy crowd, LEO

#4

Post by Oldgringo »

M1A wrote:I recieved my CHL a few months ago and have been wondering a few things.

Say I was camping at the lake in a state park. I have my pistol locked in my vehicle during the day (during water activities, etc.). I would probably leave it in there until I hit the tent for bed. If some friends or acquaintances got loud or stupid enough to draw attention and the Police came to investigate and I was somehow tossed into the mix, what next? If I was intoxicated and they asked for ID from everyone. I of course show both CHL and DL and they ask if I have a gun on me, do I tell them "no" or do I inform them its in my vehicle? Would saying its in my vehicle open me up for more problems?

I am not loud and don't cause trouble, but I can see a situation similar to this happening at some point in my life and I am wondering what the correct course of action would be. Keep in mind I would not have a firearm on me while consuming alcohol.
Also, is having a firearm in your tent covered by The Castle Doctrine?


Thank in advance
Have you ever thought about a new set of friends and acquaintances? Perhaps some mature folk who would not put you in harm's way with their "loud or stupid" antics? Just sayin'...
Last edited by Oldgringo on Wed May 05, 2010 6:13 pm, edited 1 time in total.
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The Annoyed Man
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Re: So I have a hypothetical; camping, rowdy crowd, LEO

#5

Post by The Annoyed Man »

M1A wrote:I recieved my CHL a few months ago and have been wondering a few things.

Say I was camping at the lake in a state park. I have my pistol locked in my vehicle during the day (during water activities, etc.). I would probably leave it in there until I hit the tent for bed. If some friends or acquaintances got loud or stupid enough to draw attention and the Police came to investigate and I was somehow tossed into the mix, what next? If I was intoxicated and they asked for ID from everyone. I of course show both CHL and DL and they ask if I have a gun on me, do I tell them "no" or do I inform them its in my vehicle? Would saying its in my vehicle open me up for more problems?

I am not loud and don't cause trouble, but I can see a situation similar to this happening at some point in my life and I am wondering what the correct course of action would be. Keep in mind I would not have a firearm on me while consuming alcohol.
Also, is having a firearm in your tent covered by The Castle Doctrine?

Thank in advance
Is this a Corps of Engineers lake? If so, you may not have your gun on your person, in your tent, or in your vehicle under any circumstances. My answer would be, show them your TDL. You're not required to show the CHL unless you are armed (which would be illegal on COE land). Now, if they run your TDL, they're going to see that you have a CHL, and they may give you grief for not presenting it. If they do, you're on your own for choosing to carry into an area where it is forbidden by law, because that line of questioning is almost certainly going to lead ultimately to a search of your car, whether or not you give permission.

I'm not endorsing any of of the above government nonsense, but if firearms are barred by law from a camping area, your two best choices are A) leave the gun at home, or B) don't go there — particularly a camping area where there is a high probability of drunken hijinks by other campers. If I can't carry my gun into my campsite, then I'm not interested in camping there. Simple enough. Therefore, I have yet to camp on a COE lake anywhere... ...and I live about 5 miles from one.
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Re: So I have a hypothetical; camping, rowdy crowd, LEO

#6

Post by rdcrags »

so is Texas a must inform officer state
If he or she askes for I.D., you are required to show both. They recently dropped the penalty if you don't, but the requirement is still there. Welcome to Texas.

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Re: So I have a hypothetical; camping, rowdy crowd, LEO

#7

Post by LarryH »

rdcrags wrote:
so is Texas a must inform officer state
If he or she askes for I.D., you are required to show both. They recently dropped the penalty if you don't, but the requirement is still there. Welcome to Texas.

TX CHL 1997
CO CHP 2005
If he/she asks for ID and you are carrying, you must show the CHL as well as DL. If you are not carrying, you are not required to show the CHL.
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Re: So I have a hypothetical; camping, rowdy crowd, LEO

#8

Post by boomerang »

LarryH wrote:If he/she asks for ID and you are carrying, you must show the CHL as well as DL. If you are not carrying, you are not required to show the CHL.
And if you're not driving, you don't need to show the DL either. No requirement I know to carry ID while camping or picnicking.
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lancermit
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Re: So I have a hypothetical; camping, rowdy crowd, LEO

#9

Post by lancermit »

boomerang wrote:
LarryH wrote:If he/she asks for ID and you are carrying, you must show the CHL as well as DL. If you are not carrying, you are not required to show the CHL.
And if you're not driving, you don't need to show the DL either. No requirement I know to carry ID while camping or picnicking.
And, if you have not been arrested (TX Penal Code 38.02), or are NOT(*edit) being questioned about a crime which you are considered a suspect, you don't have to identify yourself AT ALL . And then, if you're not driving, you only have to provide your name, address, and date of birth.

Texas GC 411.205 states that (if carrying), you must display your DL or I.D. and your CHL when "a peace officer demands that the license holder display identification,..." Problems is, just because an officer demands your I.D., it doesn't mean that you are required to do so! It's a slippery slope, though, because the government code doesn't say "lawfully demands", it just says "demands".

Not that I would do anything, in most instances, other than simply show all my "papers" without question; but, there ARE times when I may elect to exercise my constitutional rights by NOT identifying myself. I've been known to do that before. :eek6
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M1A
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Re: So I have a hypothetical; camping, rowdy crowd, LEO

#10

Post by M1A »

I guess this has been cleared up. The lake is not a USACOE body of water or property. The LCRA website says it is lawful to carry concealed while on property with a valid CHL.

Am I to understand if the firearm is not on my person I don't have to present my CHL or mention that it is locked in my vehicle? If the LEO was to run my DL and see I was a current CHL holder (assuming he was not informed beforehand). I would not be violating any laws because the firearm was not on my person, correct?

I know I am not required to present my CHL if I don't have a firearm on my person, though I would if ever pulled over for a traffic violation, etc. I just wonder if its something worth mentioning due to my close proximity to the weapong in a circumstance such as this.


I just want to avoid any possible situation if something similar to this was to occur. To be clear, I would not be bringing a weapon anywhwere it was not permited in the first place and I would not be drinking or inebriated while carying a weapon on my person. The people I accociate with are not violent, stupid people. SOME do however get loud at times, this could draw attention by the law.


Thank for the continuied assistance,
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Re: So I have a hypothetical; camping, rowdy crowd, LEO

#11

Post by The Annoyed Man »

M1A wrote:Am I to understand if the firearm is not on my person I don't have to present my CHL or mention that it is locked in my vehicle? If the LEO was to run my DL and see I was a current CHL holder (assuming he was not informed beforehand). I would not be violating any laws because the firearm was not on my person, correct?

I know I am not required to present my CHL if I don't have a firearm on my person, though I would if ever pulled over for a traffic violation, etc. I just wonder if its something worth mentioning due to my close proximity to the weapong in a circumstance such as this.


I just want to avoid any possible situation if something similar to this was to occur. To be clear, I would not be bringing a weapon anywhwere it was not permited in the first place and I would not be drinking or inebriated while carying a weapon on my person. The people I accociate with are not violent, stupid people. SOME do however get loud at times, this could draw attention by the law.


Thank for the continuied assistance,
You are correct, in that you are not required to present your CHL to an officer unless you are armed and he/she asks to see your ID.

There are a range of opinions on this board, running from "I'm not showing my ID (or CHL) to anyone whether I'm armed or not because I am a sovereign citizen and the cops can go to hades," to "I will show my ID (and CHL) whether or not I am armed and whether or not I am required to, as a professional courtesy to people who are performing a difficult job," and all the degrees between those two extremes.

To each his own, but I personally tend to fall into the second group. You have to decide what is right for you.
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Re: So I have a hypothetical; camping, rowdy crowd, LEO

#12

Post by Oldgringo »

M1A wrote:
...The people I accociate with are not violent, stupid people. SOME do however get loud at times, this could draw attention by the law.[/b]...
The only time I was ever cuffed :eek6 and thrown into the pokey (nearly 50 years ago) the police were quick :smilelol5: to ascertain, separate and distance the unruly and rowdy scofflaws from their innocent bystanding peers. Yeah, "rlol" I know that was right. :smilelol5:

Just before my sainted mother hung up on my one call, she said, "Stupid, you're known by the company you keep. Have a nice evening". :cryin

Maybe, it'll work out better for you and your friends?
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Re: So I have a hypothetical; camping, rowdy crowd, LEO

#13

Post by ScottDLS »

M1A wrote:I recieved my CHL a few months ago and have been wondering a few things.

Say I was camping at the lake in a state park. I have my pistol locked in my vehicle during the day (during water activities, etc.). I would probably leave it in there until I hit the tent for bed. If some friends or acquaintances got loud or stupid enough to draw attention and the Police came to investigate and I was somehow tossed into the mix, what next? If I was intoxicated and they asked for ID from everyone. I of course show both CHL and DL and they ask if I have a gun on me, do I tell them "no" or do I inform them its in my vehicle? Would saying its in my vehicle open me up for more problems?

I am not loud and don't cause trouble, but I can see a situation similar to this happening at some point in my life and I am wondering what the correct course of action would be. Keep in mind I would not have a firearm on me while consuming alcohol.
Also, is having a firearm in your tent covered by The Castle Doctrine?


Thank in advance

If you were intoxicated, I suppose they could charge you with public intoxication, which is a crime (albeit a Class C misdemeanor). Since you wouldn't be driving or carrying a concealed handgun, I wouldn't offer the police either a DL or CHL. You are under no obligation to show either.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
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Re: So I have a hypothetical; camping, rowdy crowd, LEO

#14

Post by camlott »

There are a range of opinions on this board, running from "I'm not showing my ID (or CHL) to anyone whether I'm armed or not because I am a sovereign citizen and the cops can go to hades,
Why would someone that falls into this category even bother with getting a CHL in the first place? :roll:

Seems to me possessing a piece of plastic that the holder has no intention of displaying to anyone under any circumstance is a complete waste of time & money. I would just not get the license and then argue the second ammendment if I ever went to court because I was caught without license.

I tend to fall into the second category FWIW.
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Re: So I have a hypothetical; camping, rowdy crowd, LEO

#15

Post by The Annoyed Man »

camlott wrote:
There are a range of opinions on this board, running from "I'm not showing my ID (or CHL) to anyone whether I'm armed or not because I am a sovereign citizen and the cops can go to hades,
Why would someone that falls into this category even bother with getting a CHL in the first place?
Perfectly good question. I actually have a friend up in OKC who carries regularly and refuses to get his OK permit for those reasons — which means that his behavior is actually consistent with his declaration. On the other hand, he's also a retired LEO (in his 70s now) and he may have the privilege to carry concealed under that authority, for all I know.
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