TexasCHLforum.com

srothstein wrote:

speedsix wrote:I don't know why TXDPS would say consult your local law enforcement...it's a STATE law that we notify them each time they ask for ID...as some have said, it's simplest to hand over ID/Dr.Lic and CHL when requested...and let him take it from there.

Just a fine point that might clarify this a little. There is no state law requiring you to verbally inform the officer of anything. The law requires you to produce both the CHL and the ID/TXDL when asked, and then only if you are actually armed.

I agree that telling him is good advice, just as I agree that producing both even when you are not armed is also good advice, even though not legally required.

One of my (many) complaints about the way our laws are written is that you are required to produce the CHL, and the officer has the legal authority to disarm you, but you are not required to answer his question of whether or not you are carrying. Remembering that this is an academic discussion of what the law requires and not advice for behavior on the street, have you ever wondered what happens to a person who tries to obey the law but is not going to be cooperative other than that? He is stopped for something and asked for his DL. He gives up both his DL and his CHL. The officer asks if he is carrying and he states that he does not answer any questions from police without his lawyer, other than those required by law.

Besides the eventual ticket for whatever the stop was originally for, what authority does the cop have to do any more? How does he legally justify the search to see if there is a weapon to disarm the person?

speedsix wrote:...yeah it is...the compooter quoted me on another thread as sayin' somethin' somebody else said...thought we might be havin' a gremlin attack...hey...it did it on this one, too...what in Sam Hill's goin' on???????????? I can get in enough trouble by myself with out gettin' misquoted!!!

speedsix wrote:...you din't say nuttin' ???

zero4o3 wrote:

Excaliber wrote: There are several advantages to following the sequence FiveOh suggests:

1. It tells the officer he's almost certainly looking at a good guy (bad guys don't keep hands on the wheel and tell officers they're armed)
2. It expresses respect for the officer and his safety. Officers tend to treat folks who do this differently than folks who keep them guessing. (I start out by saying, "Out of respect for your safety....." and I've had them thank me for my courtesy).
3. It removes potential unpleasant surprises on both sides if in the process of reaching for your license a certain bulge catches the officer's eye.
4. It will most likely keep you from munching on gravel if the situation described in #3 occurs.
5. There's about an even chance that if the officer is undecided about whether to issue a citation when he walks up, the decision may tilt in your favor.
6. It works well every time.


Drawbacks:;

1. It doesn't have nearly the panache that taking the "I'm not telling him anything I don't have to" attitude does.
2. It isn't likely to give you an adrenaline rush
3. You'll almost certainly miss out on being the star of a patrol car video segment on the evening news.

given your response, I feel like the point I was trying to make must have eluded you.

I never stated that I didnt do the same things he does with the exception of going out of my way to anounce that I have a gun right before I hand my CHL to the officer, infact in my privous post, I stated pretty much exactly the same steps for what I normally do in a traffic stop
I agree 100% on this part, I tried to relay the fact that if the gun was in any position that it might be seen you would be stupid to not inform the officer before hand, when I pocket carry, or often times I will put the gun in my center console while driving, there is no posibilty of the gun being seen
I agree with you on this point also, mostly because of the hand full of times I have actually been stopped the majorty have been warnings, the times I didnt get warnings where for things I wouldnt expect anyone to get a warning for.

Again sorry if my post didnt come out as I ment it, I thought I was clearly pointing out that I find it redundant to inform some one your about to inform them of something, and that I am not comfortable verbaly trying to inform some one that I have a weapon on the side of a loud street when I can inform them safely by first handing them my CHL and letting them continue to ask the questions they see fit. Basicly trying to avoid useing the words "I have a gun" when speaking with a police officer as to not be taken wrong

I have found that what makes sense logicaly to me does not always to other people, so this wouldnt be the first time my point didnt come accross clearly

zero4o3 wrote:

FiveOh wrote:As a police officer, here's what I *recommend,* which is also similar to what I do on the occcasions I've been stopped;

Interior lights ON
Window DOWN
Hands on WHEEL

wait for LEO to make contact, listen to their spiel;

say something along the lines of...Before I reach for anything, I'd like you to know I am a CHL holder and I am armed

Follow instructions from there.

Some I've talked to feel this is "bending over for the man" or a needless statement which somehow violates a right to privacy or even the Constitution .

I've heard a lot of paranoid "i don't *have* to say anything" rants. If you feel that way, do what you want. This is what I prefer, and this is what I do for other LEOs. YMMV. :txflag:

while I dont really have a problem with someones choice to make it known (right before you make it known by handing them the chl) it seems kind of redundant, why do I need to tell you im about to hand you a piece of plastic that tells you I am a hand gun holder

Granted if the location of my gun was such that the movement to remove my wallet and access my licesnes would expose my weapon, thats a different story, you could be in a world of hurt fairly quickly. and thats probably the only situation I would make a point to inform him of my chl, before I in form him that I am a CHL holder (by handing him my CHL)

and again, this is not because I feel like im "bending over for the man" its because in our interaction, your going to say "licenses and insurance" and im going to say "here you go sir" no point in adding steps, if you ask "are you a chl holder" I will say yes, want to know where the gun is located what it is, not a problem. but im going to do what im ASKED and not more unless I find it immediately necassary for my safety or the safety of the officer

wgoforth wrote:I am sure this has been covered, but I could not find it in search. When pulled over for a traffic stop. Do you (1) Do nothing and wait for police to request your DL and give your CHL at that time (2) Have them ready and waiting when the LEO comes to your window. Or some other option? I am running into a differing of opinion. I went to the TXDPS website, and it said consult your local law enforcement for their requirements in your area.