TexasCHLforum.com

RSJ wrote:

puma guy wrote:If I understand SR's opinion correctly you are required to provide ID/CHL if asked by a peace officer. Since a non CHL is not required to provide ID without cause I guess that's a right we surrender by possesing the CHL. Am I wrong in assuming answering the question as to actually carrying a weapon is optional?

Here's the scenario. I attend a gun show at a city owned civic center that is improperly posted with 30.06. I buy my ticket the see the 30.06 at the door. I enter the premises and am stopped by a uniformed LEO who asks if I have a gun on my person. Am I legally obligated to inform them? If I say yes I am in violation (in the mind of the LEO) of the 30.06 and guilty of tresspass. I also have the right to not incriminate myself so there is a conflict here. and Can I simply ignore the question? I simply leave to not force the issue. What action could the LEO legally pursue?

YMMV, but I don't carry anytime I enter a 30.06. In fact, I do what I can to take my business to non 30.06 businesses. That having been said, in your scenario: Yes, ANY TIME you make contact with an officer in an official capacity (e.g. being stopped, questioned, or the LEO in your hypo) you are legally required to inform of your CHL/Weapon. There is apparently no direct penalty for "not" informing. As far as what you COULD do.... sometimes it helps to offer your ID and repeat a time or two "Officer, am I under arrest or am I free to go?" Keep in mind, you have to put this in practical play. If the officer is unfamiliar with the invalidity of an improper 30.06, you risk taking a ride downtown. In my opinion it just isn't worth the ride for simply showing your CHL and offering the location of the firearm.

YMMV - had to look that one up! I am not willing to be a test case for improper 30.06 posting. I already understand I can be requested to provide ID/CHL if asked. My question revolved specifically around being asked if I am CCW, not provinding ID. In the scenario I posed the sign was actually inside the building, but it really doesn't matter. If I am asked by a peace officer if I am carrying in that scenario can I simply ignore him/her and walk away and what recourse would the LEO legally have if I simply walked away?

If I understand SR's opinion correctly you are required to provide ID/CHL if asked by a peace officer. Since a non CHL is not required to provide ID without cause I guess that's a right we surrender by possesing the CHL. Am I wrong in assuming answering the question as to actually carrying a weapon is optional?

Here's the scenario. I attend a gun show at a city owned civic center that is improperly posted with 30.06. I buy my ticket the see the 30.06 at the door. I enter the premises and am stopped by a uniformed LEO who asks if I have a gun on my person. Am I legally obligated to inform them? If I say yes I am in violation (in the mind of the LEO) of the 30.06 and guilty of tresspass. I also have the right to not incriminate myself so there is a conflict here. and Can I simply ignore the question? I simply leave to not force the issue. What action could the LEO legally pursue?
Edit: I type too slowly.

But initiating Terry frisk has to be based on the premise that a crime is being commited or suspected of being commited and there is no crime.