LEO encounter without proper id/chl?
LEO encounter without proper id/chl?
Ok you run to town forgetting your wallet/id/chl and you come in contact with a LEO, either through a traffic stop or an actual incident where your gun is draw in public or whatever else you can think of. What would happen and what is the best way to handle a situation like this? A traffic stop? Draw/shooting?
I understand you are legally required to show your Id and chl anytime you come in direct contact with LEO but I also understand since 2009 there is no repercussion for failing to do so. Except some harsh words from said LEO. Is this all that would take place?
I understand you are legally required to show your Id and chl anytime you come in direct contact with LEO but I also understand since 2009 there is no repercussion for failing to do so. Except some harsh words from said LEO. Is this all that would take place?
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Re: LEO encounter without proper id/chl?
Without identification, it is possible that an LEO would choose to arrest you for carrying a handgun, but I would expect the charges to be dropped after your identity was confirmed.
It all depends on whether the LEO is a Richard or not.
It all depends on whether the LEO is a Richard or not.
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This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
Re: LEO encounter without proper id/chl?
For a traffic stop, I would wait till he asks for my ID before getting my Driver's License out (assuming it's not wherever my CHL is). When he goes back to his car to run it, he might notice or find out (not sure how it works) that I have a CHL. When he comes back, and IF he asks me if I have a gun, I would say, "Oh, I forgot, would you like to see my concealed handgun license officer, I'm sorry." Hopefully he will say "No, that's alright." If he says yes I will look through my wallet and get a frustrated look on my face as I can't find it. Looking defeated, I would give up and say, "I can't find it, um, is it alright if I check my pockets for it?" Then assuming this officer is nice, I would then check all of my pockets. After that doesn't produce the license, I would apologize to the officer saying that I must have lost it and I will have to let the Department of Public Safety know.
That is the best case scenario. The worst, is that the officer makes me get out of the car, let him/her disarm me, and give me a stern reprimand. Perhaps the officer may place me in cuffs until he/she can double-check my identity. I don't really see it being necessary to be put in the back of a patrol car, unless I was acting unruly.
Of course this is all from a guy who has only been pulled over once and has never gotten a ticket much less a warning.
To answer your question on the best way to handle a situation: Do what the officer says.
Also, "anytime you come in direct contact with LEO" is not quite correct. It should be "anytime a LEO asks you for identification".
EDIT FOR CONTEXT: It was thought that I was giving advice recommending that you lie to an LEO. Just to make it clear, I would never lie to a LEO (nor recommend it). This situation only applies if you do not pull out your DL and insurance before the officer approaches your car, which is my case. I would never go without my CHL. So that would be exactly how I approached the situation if I didn't know that I didn't have it when being asked for ID. I'm sorry that I didn't provide context initially.
That is the best case scenario. The worst, is that the officer makes me get out of the car, let him/her disarm me, and give me a stern reprimand. Perhaps the officer may place me in cuffs until he/she can double-check my identity. I don't really see it being necessary to be put in the back of a patrol car, unless I was acting unruly.
Of course this is all from a guy who has only been pulled over once and has never gotten a ticket much less a warning.
To answer your question on the best way to handle a situation: Do what the officer says.
Also, "anytime you come in direct contact with LEO" is not quite correct. It should be "anytime a LEO asks you for identification".
EDIT FOR CONTEXT: It was thought that I was giving advice recommending that you lie to an LEO. Just to make it clear, I would never lie to a LEO (nor recommend it). This situation only applies if you do not pull out your DL and insurance before the officer approaches your car, which is my case. I would never go without my CHL. So that would be exactly how I approached the situation if I didn't know that I didn't have it when being asked for ID. I'm sorry that I didn't provide context initially.
Last edited by Thomas on Sun May 01, 2011 10:01 am, edited 2 times in total.
Re: LEO encounter without proper id/chl?
I would never go without it. So that would be exactly how I approached the situation if I didn't know that I didn't have it. Initially I would be confused that It wasn't with my DL. BTW, this situation only applies if you do not pull out your DL and insurance before the officer approaches your car. I will not (and the one time I've ever been pulled over, I did not).
I'm sorry that I didn't provide context.
EDIT: Just to make it clear, I would never lie to a LEO. In the very unlikely situation that I've done something wrong, I just wouldn't say anything. I know someone who lied to a LEO and while he didn't get in trouble criminally, he did get in trouble with other people.
I'm sorry that I didn't provide context.
EDIT: Just to make it clear, I would never lie to a LEO. In the very unlikely situation that I've done something wrong, I just wouldn't say anything. I know someone who lied to a LEO and while he didn't get in trouble criminally, he did get in trouble with other people.
Re: LEO encounter without proper id/chl?
I would rattle off my drivers' license number so he can go punch it in to his computer. Memorized it many years ago...
Re: LEO encounter without proper id/chl?
My previous post just assumed I didn't have my CHL. If I didn't have my DL, I could offer my DL number (which I've also memorized). If he didn't believe that was my number, I have several federally issued IDs I could give.Waco Kid wrote:I would rattle off my drivers' license number so he can go punch it in to his computer. Memorized it many years ago...
It's possible that my DL and CLH could have been left out of my wallet (I sometimes just carry those two IDs to avoid carrying my whole wallet). When carrying, I either make sure I have my IDs or at least my wallet. It is a good habit to do a pat-down every time I get ready to leave.
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Re: LEO encounter without proper id/chl?
Pretty much everybody who's checked their CHL application status online over and over and over and over again, has memorized their DL number, and SSN too, if they hadn't already.
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Re: LEO encounter without proper id/chl?
...I run down a list everytime I leave the house...physically touch my wallet...I've never forgotten it...yet...but the dread of losing it and being carrying prompted me to take my original CHL and cut it up in small pieces when I got my address change one...and I keep them in the ashtray in the truck...if I'm ever checked, and without my wallet...I figure at least they'll know I had one...if I had a dollar for all the times I pulled someone over and tried to check this or that and was told "the computer is down"...I'd be on vacation this week...it might not help but couldn't hurt to photocopy our D. Lic. and CHL and keep them with the insurance...not legal or binding that the officer accept them, but shows some responsibility/concern to do the right thing on our part... someday, that'll be included on our chip...and they'll just scan us...
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Re: LEO encounter without proper id/chl?
Just to be clear, the penalty for failure to display your CHL to an officer was removed.jtgchl wrote:I understand you are legally required to show your Id and chl anytime you come in direct contact with LEO but I also understand since 2009 there is no repercussion for failing to do so. Except some harsh words from said LEO. Is this all that would take place?
It is still an offense to not have your license with you while carrying, possibly resulting in arrest.
Make sure you understand the difference.
You might convince him that under the MPA, you're still legal.
Whatever the result, I would immediately state that I had a CHL and explain that I had just forgotten it.
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Re: LEO encounter without proper id/chl?
Really?Jumping Frog wrote:It all depends on whether the LEO is a Richard or not.
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Re: LEO encounter without proper id/chl?
LOL, took me a minuet but i got it. CleverJumping Frog wrote:Without identification, it is possible that an LEO would choose to arrest you for carrying a handgun, but I would expect the charges to be dropped after your identity was confirmed.
It all depends on whether the LEO is a Richard or not.
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Re: LEO encounter without proper id/chl?
46.15 requires us to carry the card to get the exception. If you lose or forget your CHL, you have no more right to carry than an unlicensed person, according to the letter of the law.Mike1951 wrote:jtgchl wrote: It is still an offense to not have your license with you while carrying, possibly resulting in arrest.
MPA may cover you in your car (depending on why you were stopped) but walking around Walmart you would be guilty of UCW, technically speaking.
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Re: LEO encounter without proper id/chl?
Like any profession in life, there are a variety of personalities. There are many officers who will be understanding if someone forgot their wallet at home when they left for work that morning. There are some officers that aren't so understanding. I've seen people arrested for nitpicky stuff that fries my mind, and I've seen other situations resolved without any trouble.gigag04 wrote:Really?Jumping Frog wrote:It all depends on whether the LEO is a Richard or not.
For example, I have a friend in Ohio where the law requires a licensee to notify an LEO "promptly" when they are licensed and armed. He was stopped, the officer was talking, he tried to interrupt the officer to notify and the officer told him to shut up. After he was arrested for failure to notify "promptly" and went to trial, the dashcam footage played to the jury showed that it took him 51 seconds to notify (he was acquitted but still had to absorb attorney costs). I don't mean to offend you, personally, because I've read your posts and respect your opinion. But I am sorry, that officer was a Richard. It happens.
Similarly, in the OP scenario, it all depends on who he runs into. I have ceased being surprised by the cases where law-abiding, gunowner citizens run into the wrong officer.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
Re: LEO encounter without proper id/chl?
...it depends just as much on the attitude/actions of the citizen who's stopped, whether or not slack and understanding are extended, or whether the law is strictly enforced, letter by letter...some folks seem to get off with a warning often...some folks never do...there's a lot of give and take on both sides...or not...