Search found 5 matches

by txinvestigator
Thu Jun 08, 2006 6:45 pm
Forum: General Texas CHL Discussion
Topic: Showing CHL to border patrol
Replies: 32
Views: 6491

kw5kw wrote:
txinvestigator wrote: It says Peace Officer, and Peace Officer is defined in the Texas Code of Criminal Procedure. A BP agent is not a peace officer.
Do they not have arrest powers?
It does not matter. The CCP states that LEOs not specifically listed as Peace Officer under the CCP, ARE NOT PEACE OFFICERS.


Texas Code of Criminal Procedure
Art. 2.122. Special investigators.

(a) The following named criminal investigators of the United
States shall not be deemed peace officers, but shall have the powers
of arrest, search and seizure as to felony offenses only under the
laws of the State of Texas:

(1) Special Agents of the Federal Bureau of Investigation;

(2) Special Agents of the Secret Service;

(3) Special Agents of the United States Customs Service;....


BP agents are SA's of the Customs Service. Feds are not Peace Officers.

They can arrest for felonies. However, failing to show your CHL when ID is requested is NOT a criminal offense. It is administrative. You cannot be arrested or charged with a crime for failure to display your CHL unless you have once prior had your CHL suspended for Fail to Display your CHL.




txinvestigator wrote:
kw5kw wrote:Second, If I don't tell (He already knows because it will come up on screen anyway) I have just given said LEO an excuse to search my vehicle/person... probable cause: "Lying about having a weapon." Why go thru that?
If you are not carrying a handgun, failing to tell him you have a CHL is NOT an excuse to search your vehicle. No way, no how!
Our instructor was very emphatic on this point... Show and keep yourself out of trouble.
While I don't disagree with that advice, it is not a legal requirement, and not showing your CHL if you are not carrying will not get you into any legal or administrative trouble.
by txinvestigator
Thu Jun 08, 2006 12:51 pm
Forum: General Texas CHL Discussion
Topic: Showing CHL to border patrol
Replies: 32
Views: 6491

kw5kw wrote:To keep from being a 'test case' I will always show my DL and CHL to any... and I mean any officer of the law. No matter if it's FBI, Border Patrol, DPS, Sheriff, Local or whatever... I WILL SHOW and TELL.

Heck, for one: I'm proud to have passed the stringent background verification process that was required for me to have this license in the first place. By producing said license, maybe--just maybe--this LEO will cut me some slack.
Fair enough
After all, notice the law doesn't say anything about it being "A TEXAS LEO" in the first place. If I'm in Vermont, and I get pulled over by the county mountie, I'm-A-Showin'.
It says Peace Officer, and Peace Officer is defined in the Texas Code of Criminal Procedure. A BP agent is not a peace officer.
Second, If I don't tell (He already knows because it will come up on screen anyway) I have just given said LEO an excuse to search my vehicle/person... probable cause: "Lying about having a weapon." Why go thru that?
If you are not carrying a handgun, failing to tell him you have a CHL is NOT an excuse to search your vehicle. No way, no how!
by txinvestigator
Thu Jun 08, 2006 12:27 am
Forum: General Texas CHL Discussion
Topic: Showing CHL to border patrol
Replies: 32
Views: 6491

wrt45 wrote:
Photoman wrote:
txinvestigator wrote: Whether you are required to show your CHL or not depends on if you are carrying. If you are not in possession of your handgun, then you do not have to show ANYONE your CHL.

Wow! This is news to me. I was left, after my CHL class, with the distinct impression that I was required to ALWAYS show my CHL to LEO when asked for identification no matter what my carry status.

I wont say where I took my CHL class! :oops:
We teach our students that, while you are not technically required to show an officer the CHL if you aren't carrying, its still a good idea. As soon as the officer runs the license, he/she knows you have a CHL and then they'll ask you if you are carrying. We teach "tell them first."

I hadn't ever thought about the Border Patrol issue that this thread raises.

I don't think BP requesting ID results in a license check like a traffic stop would, but I don't know. Any of you LE guys know? Does BP run checks through the system? Should we modify our advice in this instance?
What do you mean technically? The law is clear

Texas Government Code


§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. A person who fails or refuses to display
the license and identification as required by this subsection is
subject to suspension of the person's license as provided by Section
411.187.
by txinvestigator
Wed Jun 07, 2006 10:52 am
Forum: General Texas CHL Discussion
Topic: Showing CHL to border patrol
Replies: 32
Views: 6491

stash wrote:Good morning guys/gals - hope this comes out ok - not really familar with all the computer lingo.

If you are carrying and come upon a Border Patrol check point are you required to display CHL if the Border Patrol Agent (BPA) asks for your DL. The way I understand it BPA's are not considered peace officers in the State of Tejas. I probably would provide CHL if asked to ID.

Also is a fixed check point (the real big one right off Interstate 10 at Sierra Blanca, Tx) considered federal property. Been thru that one lots of times the last five years and just wondered when this post came up and thought I would ask.

I have been at this site for the last year or so and it is really informative and I enjoy it. Glad I finally registered.
Whether you are required to show your CHL or not depends on if you are carrying. If you are not in possession of your handgun, then you do not have to show ANYONE your CHL.

Texas Government Code

§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. A person who fails or refuses to display
the license and identification as required by this subsection is
subject to suspension of the person's license as provided by Section
411.187.


BP are not Texas Peace Officers, but they are Special Investigators, and have the powers of arrest, search and seizure as to felony offenses onlyunder the laws of the State of Texas.

However, If I am carrying and a BP officer asks me for ID, you can bet I will show him my CHL and inform him I am carrying.
by txinvestigator
Tue Jun 06, 2006 11:49 pm
Forum: General Texas CHL Discussion
Topic: Showing CHL to border patrol
Replies: 32
Views: 6491

edgarou wrote:no where did I say I was taking my gun to mexico
I'm talking about showing my CHL to customs ,and border patrol
on the U.S side. you know showing it to law enforcement when asked for I.D and all thet good stuff.
We would assume you would be carrying your gun, because the law requires you to show your CHL to a peace officer IF YOU ARE CARRYING your handgun, and the peace officer asks you for to ID yourself.

If you are not carrying, there would be no need to show your CHL to anyone. So why would you show it to Customs, Border Patrol or anyone else if you are not carrying?

Return to “Showing CHL to border patrol”