TexasCHLforum.com

flb_78 wrote:I would hope he would not act like a actor from "COPS" and scream "GUN!!!!" and then try to manhandle me to the ground.

If there's a 1% chance of that happening, do you want to take it?

- Jim

Xander wrote:I dunno Jim, I have to disagree with you on this one. I don't think that would ever fly. A LEO can't just arrest somebody without having reasonable suspicion that a crime has been committed. They can't arrest you for UCW and then investigate...

I can only say we'll see. If the opinions of police officers relayed in this thread are accurate, we will see.

- Jim

Someone up the thread asked what the police could charge a person carrying a handgun in a car with. They can charge with UCW (46.02). They can say that they need to determine whether or not the person is prohibited from possessing firearms or a gang member.

There's a huge class of people who are prohibited from possessing firearms: Felons, parolees, people with domestic violence misdemeanor convictions, people under restraining orders, people who were dishonorably discharged from the military, mentally ill, some non-citizens ...

Now, I don't know if this will happen. I hope not. But a few police officers had trouble swollowing the concept of CHL in 1995.

This is one great advantage of having a CHL, even if all you do is take your handguns to the range. The police can determine on the spot that you are not a prohibited person.

- Jim

I'm sorry to hear that police officers are taking this attitude.

The same thing happened when CHLs became available. Some CHL holders were arrested on various charges. In one case, it seemed like they knew that UCW wouldn't stick, so they charged him with resisting arrest, IIRC.

It's difficult to sue for false arrest. You have to pay for your lawyer up-front, and the damages generally aren't much.

- Jim

SkipB wrote:If it is within your legal right to have a pistol in your car then why wouldn't you answer the nice Officer's question

Some people just don't like answering questions.

Personally, I try to keep the police happy. Where I grew up, people who made the police unhappy tended to get headaches.

- Jim

pt145ss wrote:Can you refuse to answer or is that obstruction or something? If you do refuse to answer does that give the officer enough probable cause to search?

You are not obligated to answer any question that a police officer asks, except your name and address (IIRC).

Your refusal to answer (which is your right) is not on its face probable cause. It's legal to have a weapon in your vehicle, so refusing to say whether or not you have on is no different from refusing to answer whether you have a donut in your vehicle.

I suppose it could be considered an element of suspicious behavior, combined with other factors. Issues like this go to appeals courts frequently.

- Jim

Correct, you can legally have a concealed handgun in a vehicle that you own or control.

DoubleJ wrote:... you have no duty to tell the officer you are packing your brand new HiPoint (I jest), and since you're not commiting any other crimes, you won't consent to a search otherwise, the police officer won't ever know it (the illustrious HiPoint) was there.

That's true. You have no duty to inform. However, if the officer asks if you are armed or have weapons, it is illegal to lie.

- Jim