TexasCHLforum.com

Crossfire wrote:

sjfcontrol wrote:

Keith B wrote:

RottenApple wrote:Two questions:

1) What happens (LEOs please chime in here) if an officer asks if there are any weapons in the car and you respond with silence or "nice weather today, huh"? Seems to me that the officer would then have probable cause (or at least reasonable suspicion) to search the vehicle. And yes, I know, "I do not consent to searches".
2) How would you answer with a response that is not a lie and doesn't give away that you do have a weapon in the vehicle?

"Uh, maybe officer"

You're neither confirming or deniying there are any weapons in the car.

Or simply ignore the question, and ask if you're free to go.

How about "I don't have anything illegal in the vehicle. Am I free to go?"

Keith B wrote:

RottenApple wrote:Two questions:

1) What happens (LEOs please chime in here) if an officer asks if there are any weapons in the car and you respond with silence or "nice weather today, huh"? Seems to me that the officer would then have probable cause (or at least reasonable suspicion) to search the vehicle. And yes, I know, "I do not consent to searches".
2) How would you answer with a response that is not a lie and doesn't give away that you do have a weapon in the vehicle?

"Uh, maybe officer"

You're neither confirming or deniying there are any weapons in the car.

bronco78 wrote:

RottenApple wrote:

3dfxMM wrote:You have to inform if you are carrying (concealed or not) in your home or some place under your control. How is that different than being in the car?

Actually, no you don't. There is nothing in the MPA (or other self-defense laws) that requires a person to voluntarily disclose their possession of a firearm to a police officer unless that person is a CHL holder AND is asked for ID by a Texas Peace Officer AND has a firearm in their possession at the time. Now, if the officer asks if there are any weapons in the vehicle and you tell him/her "no", then, if discovered, you could be charged with lying to a police officer (or whatever the appropriate statute is).

While lying to the LEO is a violation

§ 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.

So long as you do not answer at all, or answer with a response that is not a lie...AFAIKT 37.08 does not apply.

shootthesheet wrote:Thank you for your opinion but I stand by my opinion. Internet consensus or someone else’s opinion isn't going to keep me out of jail. If a CHL holder has a gun in their vehicle they are carrying under that CHL. Otherwise the requirement to inform would be completely removed. It is picking nits but that is how the law concerning CHL holders reads IN MY OPINION.

Internet opinion is just as valuable as the time we spend reading it and the consideration we give it so it doesn't really matter unless we are giving legal advice. Right?

shootthesheet wrote:It is my opinion that if a person has a valid CHL they are carrying under their license no matter where the gun is in the car as long as it is not in the possession or say under the seat of a valid CHL holder. MPA does not suspend a CHL holders need to inform a peace officer so MPA does not apply when a person has a CHL. Doesn't matter if the person forgot their license or lost it or whatever.

Suspended CHL is no CHL and the MPA covers the person as long as they are still legal to have the gun. I think most LEOs wouldn't really question if the person was covered under MPA or not so this would never be an issue. If the LEO was out to get someone he/she may use the suspension to harass the person with a suspended CHL. It won't stick but if they are out to get someone it won't matter. Smile, don't get emotional and don't give a LEO a reason to take their problems out on you. Just my opinion.