TexasCHLforum.com

Heartland Patriot wrote:

RSJ wrote:

sjfcontrol wrote:

RSJ wrote:

4t5 wrote:Say under the circumstance of not being detained, PO asks for ID and you show your TXDL and CHL. PO asks if you are armed and you reply that you do not want to talk to him. What happens next? He can't force you to answer the question. It also seems that he can't legally frisk you either.

He will find reason for a terry frisk. He can also take the gun away if he feels a need to do so.

But unless he arrests you, he has to give it back when your business is concluded.

I worked on a case that took MONTHS to get a gun back. It is not always easy. Theory and "rights" aren't the same in practice as on paper.
You can beat the case, but you'll still take the ride.

Again, simple as this.
Officer contact:
Me: Hello Officer, just to let you know, I have my CHL and am carrying [at 3:00 on my side], how would you like to proceed?
LEO: No problem, just don't mess with it, or reach. I will take your CHL/DL and be back in a minute. OR he will instruct as to how to carefully let him take the weapon
Me: Yes sir.
(time passes)
LEO: Other questions begin here, where you coming from... or Do you know how fast you were going or etc
Me: [from then on] Sir, I respectfully do not answer questions without an atty.

^ That is a short and sweet way to 1. Obey the law 2. beat any obstructing or compliance issues 3. Be respectful

If you choose other routes, that is YOUR choice. Trying to argue or refuse to offer the weapon will likely end in more tickets, arrests for obstructing, or other charges.
You will go to jail, be (intrusively) fingerprinted, give your SSN, address, personal info, have to bond out (sometimes <48 hrs later), and have to appear in court. Don't forget a defense attorney will charge $100-400 per hour, and most counties boast a 90-98% conviction ratio.

A 90-98% conviction rate in total, or specifically for firearms-related, or what? Also, it would seem that they are all either VERY, VERY carefully picking who they arrest and charge OR they are "making sure" (you know, the old "did you know your taillight is broken" as the nightstick whacks it sort of thing) that you will get convicted...so, what is the implication here? My curiosity is peaked.

All offenses. http://www.dallasnews.com/news/communit ... e-9970.ece" onclick="window.open(this.href);return false;
a 2010 article cites 99.8% conviction ratio including plea agreements. Dallas Morning News says the DA has a 87-88% chance of beating anyone at trial.

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.

sjfcontrol wrote:

RSJ wrote:

4t5 wrote:Say under the circumstance of not being detained, PO asks for ID and you show your TXDL and CHL. PO asks if you are armed and you reply that you do not want to talk to him. What happens next? He can't force you to answer the question. It also seems that he can't legally frisk you either.

He will find reason for a terry frisk. He can also take the gun away if he feels a need to do so.

But unless he arrests you, he has to give it back when your business is concluded.

I worked on a case that took MONTHS to get a gun back. It is not always easy. Theory and "rights" aren't the same in practice as on paper.
You can beat the case, but you'll still take the ride.

Again, simple as this.
Officer contact:
Me: Hello Officer, just to let you know, I have my CHL and am carrying [at 3:00 on my side], how would you like to proceed?
LEO: No problem, just don't mess with it, or reach. I will take your CHL/DL and be back in a minute. OR he will instruct as to how to carefully let him take the weapon
Me: Yes sir.
(time passes)
LEO: Other questions begin here, where you coming from... or Do you know how fast you were going or etc
Me: [from then on] Sir, I respectfully do not answer questions without an atty.

^ That is a short and sweet way to 1. Obey the law 2. beat any obstructing or compliance issues 3. Be respectful

If you choose other routes, that is YOUR choice. Trying to argue or refuse to offer the weapon will likely end in more tickets, arrests for obstructing, or other charges.
You will go to jail, be (intrusively) fingerprinted, give your SSN, address, personal info, have to bond out (sometimes <48 hrs later), and have to appear in court. Don't forget a defense attorney will charge $100-400 per hour, and most counties boast a 90-98% conviction ratio.

4t5 wrote:Say under the circumstance of not being detained, PO asks for ID and you show your TXDL and CHL. PO asks if you are armed and you reply that you do not want to talk to him. What happens next? He can't force you to answer the question. It also seems that he can't legally frisk you either.

He will find reason for a terry frisk. He can also take the gun away if he feels a need to do so.

Ruark wrote:Getting a few conflicting responses here..... so can an LEO legally - LEGALLY - ask you if you're CCW if he's not detaining you for some reason? Say you're sitting in a restaurant. A couple of tables away are some state troopers on their lunch break. One of them gets up and walks over to you and asks if you're CCW. Can he do that? If he can't legally, but he does, are you required to answer?

It is the best practice to ID yourself as a CHL anytime an officer (in his official capacity) asks you a question. You can always move to suppress illegal searches and seizures after the fact. Altohugh failure to ID apparently lacks a penalty... Also I would choose to NEVER answer a security officer's questions.

I operate as simple as this
LEO= identify when spoken to in official capacity (not a simple hello or wave)
Security, workers, business owners= I won't mention ANY aspect of CHL, even if asked. I will wait for the magic words asking me to leave or informing me CHL is not allowed. Then I will leave, tell friends, and ask them not to return and to give business to 2A friendly businesses.