pulled over, temporarily disarmed, was told I was lucky

[Valhalla1]

I do drive a fast truck (ford f150 svt)

I assume its a Lightning ? Lightning owners cant be trusted... LOL

yep, a black 2000 Lightning. But its 10 years old now with 100k miles on it, already blew one spark plug and an $1100 helicoil fix later and I no longer 'drive it like I stole it' but its still my baby

[Valhalla1]

PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly car- ries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or (2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or (C) a member of a criminal street gang, as defined by Section

So wasn't the officer partially correct? Sure, the guy was mostly hot air but it seems to be partially grounded in truth. Thoughts?

thanks for the information, I supposed it'd be up to a court to interpret those laws but it seems the police over here have decided how they feel it reads and tailored their policies accordingly

[gigag04]

thanks for the information, I supposed it'd be up to a court to interpret those laws but it seems the police over here have decided how they feel it reads and tailored their policies accordingly

I hate when cops interpret the law...

I would say it's up to courts to determine if they agree with the officer's interpretation of how the act committed by the violator met the elements of a penal code offense. If you had a CHL, I think you'd be in an ok place.

However...if you followed the laws, including traffic laws, the situation could've been avoided. I don't see how that's a "holier than thou" attitude - it's just a fact of life.

The law (Penal Code 42.07) on harassment specifies that other than one minor exception GigAg04 forgot, it must be electronic communication. The one exception is falsely telling a person someone is dead or seriously injured. That can be done in person.

Good catch. I was in a marriage conference in Houston for the weekend, so I was posting from my iPhone. Copying and pasting the harassment statute would've been a pain, so I'm glad you were able to elaborate on it. As far as a civil law and the torts, I will for sure defer to you here. I have some knowledge, but only to know which lawyer to go to for more info.

I too have mistakenly knocked down a car before. The stupid inspection stickers have colors that range all over the place and 8s look like 3s, 7s look like 1s, etc. These can't be run in my car so I don't know I missed it until I make my approach and see the windshield. It happens. I'm definitely not rude about it to the person.

[Charles L. Cotton]

PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly car- ries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or (2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or (C) a member of a criminal street gang, as defined by Section

So wasn't the officer partially correct? Sure, the guy was mostly hot air but it seems to be partially grounded in truth. Thoughts?

thanks for the information, I supposed it'd be up to a court to interpret those laws but it seems the police over here have decided how they feel it reads and tailored their policies accordingly

No, the officer was totally wrong. CHL holders are exempt from TPC §46.02, including all sub-parts like (A-1).

Chas.

(b) Section 46.02 does not apply to a person who:

. . .

(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;

[karl]

That's what I get for reading.

[OldCurlyWolf]

I would like to see the look on his face when after pulling me over and making such a bald faced lie, I could point to the center rest in my PU and say " I wasn't racing, I wasn't even speeding and I can prove it". I always run with a gps program running that records time, location, speed, direction and elevation continuously. I also always carry a recorder and a Video Camera with Audio.

[sjfcontrol]

I would like to see the look on his face when after pulling me over and making such a bald faced lie, I could point to the center rest in my PU and say " I wasn't racing, I wasn't even speeding and I can prove it". I always run with a gps program running that records time, location, speed, direction and elevation continuously. I also always carry a recorder and a Video Camera with Audio.

Regardless of his look, I suspect he'd say, "Tell it to the Judge!" :-)

[powerboatr]

I know i have been gone awhile.
but your story sounds like the police in Albuquerque new Mexico.
They just sort of quote and make up laws at will, then you go to jail and have to spend countless thousands of dollars, to get free, only to have the charges dismissed. who won the cop or you? And they beleive NM is not part of the rest of the United States,



i personally get scared out of my mind when a leo quotes law or precedence. Its best to do what you did, be calm, cool and collective

i would have asked him to please not reload my firearm or hand it to me loaded, can you imagine if that puppy had went bang......as he placed it under your seat....
i get chills thinking about it.
I am glad to hear you remained calm and it worked out
my besra was loaded and the safety on, the leo couldn't wait for me to hand him the key to unlock the slide. BAM he jams it open, with his hand on the trigger, i flinched and he got mad.

[bdickens]

... and gives me a speech about how if you are doing anything illegal (worse than class b misdemeanor) while carrying, then they charge you with carrying illegally despite the CHL....

Even if that was true, traffic violations are only class C misdemeanors.

[drjoker]

This was also the first time in my life I felt old at 28 years old, the officer who pulled me over and was handling my weapon the whole time looked like he was a skinny 18 year old, but surely you have to be at least 21, but I was telling him "yes sir" this and "no sir" that and thinking I've never dealt with an authority figure younger than me until now

No, you only have to be 18 to be police officer. Here is a 20 year old police officer who killed 6 high school buddies taunting him: http://www.jsonline.com/news/wisconsin/29282574.html . I'm all for gun control... controlling teenage child cops with guns, that is.

You know, those British cops who don't carry guns? If ordinary citizens cannot carry guns until 21 years of age, how come cops can carry guns before they turn 21? I think ALL people should live by the same laws. Isn't that what democracy and LIBERTY is all about? Underage cops should only be allowed to carry a stick with pepper spray and nothing more.

Be careful out there....

[gigag04]

Please allow me to speak a couple of these points:

Even if that was true, traffic violations are only class C misdemeanors.

Texas Transportation Code:
Sec. 521.457. DRIVING WHILE LICENSE INVALID.
(f) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the person:
(1) has previously been convicted of an offense under this section or an offense under Section 601.371(a), as that law existed before September 1, 2003; or
(2) at the time of the offense, was operating the motor vehicle in violation of Section 601.191.
(f-1) If it is shown on the trial of an offense under this section that the license of the person has previously been suspended as the result of an offense involving the operation of a motor vehicle while intoxicated, the offense is a Class B misdemeanor.
(f-2) An offense under this section is a Class A misdemeanor if it is shown on the trial of the offense that at the time of the offense the person was operating the motor vehicle in violation of Section 601.191 and caused or was at fault in a motor vehicle accident that resulted in serious bodily injury to or the death of another person.


Sec. 545.421. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER
(a) A person commits an offense if the person operates a motor vehicle and wilfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.
(b)............
(c) Except as provided by Subsection (d), an offense under this section is a Class B misdemeanor.
(d) An offense under this section is a Class A misdemeanor if the person, during the commission of the offense, recklessly engages in conduct that places another in imminent danger of serious bodily injury.

There are numerous others.

No, you only have to be 18 to be police officer.

This is actually technically true, but it is REALLY hard. I haven't seen or heard of it in Texas
T

exas Adminstrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 7 TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
CHAPTER 217 LICENSING REQUIREMENTS
RULE §217.1
(a)(2) for peace officers and public security officers, is 21 years of age, or 18 years of age if the applicant has received an associate's degree or 60 semester hours of credit from an accredited college or university or has received an honorable discharge from the armed forces of the United States after at least two years of active service; for jailers is 18 years of age;


Some on this board are quick to judge LEOs for not knowing the laws....

I think it is like all things, that a few cases are being used to make huge stereotypes of the many.

[Purplehood]

Sounds like the LEOs pulled you over and started fishing for charges. By intimidating you and giving you a "break", you are more likely to feel grateful with how they handled things rather than highly annoyed and willing to file a complaint.
Of course this is all based on what I read and is pure supposition.

[Keith B]

No, you only have to be 18 to be police officer. Here is a 20 year old police officer who killed 6 high school buddies taunting him: http://www.jsonline.com/news/wisconsin/29282574.html . I'm all for gun control... controlling teenage child cops with guns, that is.

You know, those British cops who don't carry guns? If ordinary citizens cannot carry guns until 21 years of age, how come cops can carry guns before they turn 21? I think ALL people should live by the same laws. Isn't that what democracy and LIBERTY is all about? Underage cops should only be allowed to carry a stick with pepper spray and nothing more.

Be careful out there....

I was actually a 18 year old police officer and a darn good one in the Cheif's opinion. I was an officer until I was 22 and moved to another city. Age is not the major issue here, but maturity and common sense. There are plenty of 18 year old military that carry guns and do their job well. I have seen 30 and 40 year olds that had no business being cops or military people or even doctors after 8 - 10 years of training.