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HighVelocity wrote:

If the driver lies and says no, there is no firearms in the vehicle, then they have committed a crime by lying and therefore are carrying a weapon in the commission of a crime.

Tomneal wrote:

The courts have been consistant.
Lying to law enforcement is a crime.
Them lying to citizens is not a crime.

dolanp wrote:

Certainly don't lie because that could bite you in the rear later. He can't search your car just because you don't want to answer questions and if he does it's time to call a lawyer for real.

I reference these quotes because I was originally motivated to post this thread in responce to a conversation I had on this subject with a recently retired LEO who suggested saying no as an alternative if asked. He said that in Texas there was no legal requirement to tell the truth except when you were under oath (perjury), or even to provide accurate identification except if stopped as a witness. I checked with him again after reading posts saying "don't lie" and he still stands by his claims.

It would seem to me to be an easy way to de-escalate officer suspicion regarding having a firearm rather than saying nothing or giving an evasive answer. IANAL so if the above is bull, could someone cite a statute or code reference that defines this as illegal?

Note that if the stop situation escalated into an arrest, I would strongly consider correcting my statements to the officer.

Recommended Procedure for traffic stop while traveling

This thread is related to the "New Travelling Law" thread but I think it should stand alone.

James Dark from TSRA published a procedure to follow if stopped while travelling with a handgun and no CHL. It is available in full on the TSRA website, http://www.tsra.com/HB823_MbrLtr.htm

A brief excerpt:

"Until such time as the courts rule on just what the new state law created by HB823 means or the district attorneys around the State decide to afford this new law an opportunity to work, it is recommended that you should follow the following steps when stopped on traffic violations:

Be polite to the officer.

Furnish your driver’s license and insurance card.

Furnish your CHL if you hold one and are carrying.

Do not consent to a search of your vehicle.

Do not engage in conversation with the officer other than to confirm your identity.

If issued a traffic citation, accept it without comment or any indication of hostility.

In the event you are placed under arrest and taken into custody, decline to make any statement until you have had an opportunity to consult with an attorney."

Now if you do not have a CHL and, therefore, do not have to inform you have a concealed handgun, how would you handle the situation that the officer asks if you have anything in the vehicle he should be aware of, like a weapon or handgun.

Would you say nothing, say no, say yes, or what to accomplish the last objective of "Do not engage in conversation with the officer" to avoid revealing a handgun?

I would have trouble with being silent or lying and would appreciate any advise or suggestions anyone may have.