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by Keith B
Sun Dec 15, 2013 7:23 pm
Forum: New to CHL?
Topic: Being stopped by LEO
Replies: 38
Views: 8344

Re: Being stopped by LEO

mojo84 wrote: I also think having the chl establishes a higher standard for the chl holder than it does for the person that is just carrying in their car under MPA. I don't agree with it, but I believe that is the way the law is written. I also don't want to be the one that has to pay to clear it up.
It really wasn't written to hold a CHL to a higher standard. It was written pre-MPA. When MPA went into affect the CHL rule was still there and a person carrying under MPA was not required to inform, but a CHL still had to per the law. The law was changed in 2011 to remove the penalty for not showing when asked for ID, but the law is still in the books.

As I stated before. it gets to the point of which trumps which (MPA vs. CHL) and how you have to respond. Bottom line, because the conflict exists you will get different answers from different experts. Best remove the requirement to show and clear it up.

And, you both need to calm down and quit the attacks or I will lock the topic.
by Keith B
Sun Dec 15, 2013 7:05 pm
Forum: New to CHL?
Topic: Being stopped by LEO
Replies: 38
Views: 8344

Re: Being stopped by LEO

mojo84 wrote:Keith, Do they have to ask specifically for the CHL?
No. Per the law, as a CHL you are to present it if carrying. But because the law has no penalty any longer, it is legally not a problem if you don't. And i know what the instructor stated, and I don't disagree that it really shouldn't be a requirement because of MPA. However, there are several officers that I know of that still are under the guidelines that you must show it if you are a CHL and carrying when asked for ID of any sort. SO, best to just present it if carrying (I recommend even when not) and hope to get the law removed totally next legislative session.
by Keith B
Sun Dec 15, 2013 4:17 pm
Forum: New to CHL?
Topic: Being stopped by LEO
Replies: 38
Views: 8344

Re: Being stopped by LEO

Legally, the law states that you MUST present the LEO with your CHL if you are carrying. That is the law. However, if you do not do it there is no penalty any longer.

Now, there is a gray area with the fact that a non-licensed person may carry in their vehicle and is not required to inform if armed. There are differences in opinion on which law trumps which. Some say CHL trumps MPA and you have to present your license. Others stay MPA trumps CHL and you don't.

Personally, because most officers believe you should inform them, because I have a CHL I will present my license, even if not armed, because the officer will find out I have one when they run my DL and probably ask me about it it I don't show it when stopped. I personally advise any CHL, carrying or not, to present the license. That keeps you 100% in line, no matter which way is legally right, and prevents a possible confrontation with the officer as to if you have to present or not.

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