TexasCHLforum.com

Purplehood wrote:

will381796 wrote:Handing him the CHL is you saying "I have a gun" and would be interpreted as such by the LOE. The LOE will ask where is the gun. You don't necessarily have to tell him where it is, but you're only creating pain for yourself if you try and be evasive for no reason.

No, it is saying that I have a CHL that you saw when you ran my DL. If I am asked where my gun is, I inform the officer (in my waist-holster at 4 o'clock; at home; in my center console).

Reasonable cooperation is my policy.

You do not have to provide your CHL unless you are carrying. If you are pulled over and asked for ID, but do not have a weapon on or about your person, you just give your DL. If you have a gun on or around your person, then you hand them your DL and CHL. Not sure how confusing that is.

You have your CHL so protection under the Motorist Protection Act doesn't apply. You are held to a higher standard MUST provide your CHL if carrying and asked for ID. I don't think you need to tell them where the weapon is, but if you choose not to disclose its location they then have the prerogative to have you leave the vehicle and then to search you for your weapon and disarm you for the duration of the traffic stop.

kidder014 wrote:

will381796 wrote:... you're only creating pain for yourself if you try and be evasive for no reason.

So when would be a good reason to be evasive???

"Yes,Officer, I do have a gun with me, but I left it in the trunk when I loaded up the bags of cocaine"

Exactly. haha

Handing him the CHL is you saying "I have a gun" and would be interpreted as such by the LOE. The LOE will ask where is the gun. You don't necessarily have to tell him where it is, but you're only creating pain for yourself if you try and be evasive for no reason.

I don't think that the law specifically requires that you inform him that you're carrying, but it is pretty much common sense. The law requires that you provide your CHL along with your ID if asked for ID while you're carrying. So you MUST provide your CHL if you are armed and he asks for ID. This tells him that you're carrying.

If you do not provide your CHL, and state that you are not carrying, but you are in fact carrying, then you are the very least breaking the law with respect to the CHL.

Texas Penal Code also makes it a crime to provide false information to a LOE if that information is pertinent to a criminal investigation.

§ 37.08. FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT
EMPLOYEE. (a) A person commits an offense if, with intent to
deceive, he knowingly makes a false statement that is material to a
criminal investigation and makes the statement to:
(1) a peace officer conducting the investigation; or
(2) any employee of a law enforcement agency that is
authorized by the agency to conduct the investigation and that the
actor knows is conducting the investigation.
(b) In this section, "law enforcement agency" has the
meaning assigned by Article 59.01, Code of Criminal Procedure.
(c) An offense under this section is a Class B misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1997, 75th Leg., ch. 925, § 1, eff. Sept. 1, 1997.

IANAL, so I do not know how this would relate to a simple traffic stop as to whether your being armed or disarmed is part of the investigation of traffic violation and whether this would justify you being charged with this additional charge.

But, you have your CHL so you have nothing to hide if you have your weapon on you during a traffic stop so I'm not understanding the apprehension about telling the LOE when he asks.