Weird traffic stop.

[spud]

Quick recap... Just bought car, cant afford tires yet so inspection is out. Speeding ~5 over. Both my fault, I deserve the tickets. I was NOT carrying.

Whenever a Officer is going to run my information and I am not carrying. I go ahead and let them know my return will show I have a CHL and I am not armed, just so we are on the same page and he dosnt get any surprises. I have always been under the impression that If I am NOT carrying, then I do NOT have to give up my CHL during a traffic stop. No weapon in the car or on my person.

At this point the Officer flips out telling me he could take me to jail for not showing him my CHL when he walked up. Kept stating that its the "LAW" but would not cite the code to me. He then rolled his eyes at me and went back to his car. When he returned I signed the ticket while we both sat there in silence, then he tossed the ticket at me and walked away.

Now I have been pulled over multiple times and done the same thing, and been thanked by the Officer for doing so....

No I understand sometimes Officers can have stressful days, But I would like to know who was in the right? Have I been misinformed about having to hand him my CHL whill unarmed? Or was what I did correct? Thanks!

[seamusTX]

You are not obligated to present your CHL when you are not armed. However, just about every instructor says to present it just to avoid the situation that you encountered.

- Jim

[Keith B]

This has been discussed numerous times in other threads, but no, you do not legally have to show your CHL if you are not armed. The officer was incorrect.

With that said, IMO it is best to show them both no matter what, just to avert that type of scenario.

I have always said there are two rules when I am being stopped by a police officer for a traffic violation:
1. Don't argue with the police officer.
2. If the police officer is wrong in what he is telling you, see rule number 1.

Arguing with an officer is the best way to make SURE you get a ticket. You may be able to beat it later, but you will still have the hassle to go through of fighting it.

EDIT: Jim beat me to the bottom line response.

[wrinkles]

Had the same thing happen to a friend of mine a few months ago. The guy flipped out told my friend the was wrong and that the instructor was wrong and that by law he had to present his CHL.

[PUCKER]

Once you know that you're getting the ticket - Here's a thought - keep a copy of the CHL laws with you..."Officer Friendly, here's a copy of the current CHL laws - please show me where it states that...."

or ""Officer Friendly, here's a copy of the current CHL laws - here's the applicable law."

Nothing worse than a cop that doesn't know the law and then is HASSLING (ie - threating jail time) YOU about it due to his/her ignorance. A call/visit to the chief might be in order...threatening jail time for you FOLLOWING the law is NOT good.

[seamusTX]

Here's a thought - keep a copy of the CHL laws with you..."Officer Friendly, here's a copy of the current CHL laws - please show me where it states that...."

I would not do that. My experience with people who "know" something untrue is that they don't like to be corrected. When the guy you're contradicting can arrest you ...

The way to handle it is filing a report, complaint, or whatever they call it. But it might turn out that the officer's attitude reflects the chief's.

BTW, a few years back, a civil-rights group went to police stations and asked about the procedure for filing a complaint. They wanted to see what kind of reception they would get. When one of them went to the Santa Fe, Texas, police department, he was cited for jaywalking on the way out.

- Jim

[Charles L. Cotton]

The officer is wrong on two points; 1) you don't have to present your CHL if you're not carrying; and 2) he cannot take you to jail. As others have pointed out, the requirement to present your CHL applies only when carrying under the authority of your CHL. Also, the first offense for failing to properly and timely show your CHL is a suspension, not a Class B misdemeanor.

I'm not big on filing complaints on LEOs, but I would do so in this case. I would make it informal, something like talking to his Sargent or other supervisor. The goal here is making sure he learns the law and doesn't wind up doing this or something worse to someone else.

Chas.

§ 411.205. DISPLAYING LICENSE; PENALTY. (a) If a
license holder is carrying a handgun on or about the license
holder's person when a magistrate or a peace officer demands that
the license holder display identification, the license holder shall
display both the license holder's driver's license or
identification certificate issued by the department and the license
holder's handgun license. A person who fails or refuses to display
the license and identification as required by this subsection is
subject to suspension of the person's license as provided by
Section 411.187.
(b) A person commits an offense if the person fails or
refuses to display the license and identification as required by
Subsection (a) after previously having had the person's license
suspended for a violation of that subsection. An offense under this
subsection is a Class B misdemeanor.

Added by Acts 1997, 75th Leg., ch. 165, § 10.01(a), eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, § 9.17(a), eff.
Sept. 1, 1999.

[longhorn_92]

The officer is wrong on two points; 1) you don't have to present your CHL if you're not carrying; and 2) he cannot take you to jail. As others have pointed out, the requirement to present your CHL applies only when carrying under the authority of your CHL. Also, the first offense for failing to properly and timely show your CHL is a suspension, not a Class B misdemeanor.

I'm not big on filing complaints on LEOs, but I would do so in this case. I would make it informal, something like talking to his Sargent or other supervisor. The goal here is making sure he learns the law and doesn't wind up doing this or something worse to someone else.

Chas.

§ 411.205. DISPLAYING LICENSE; PENALTY. (a) If a
license holder is carrying a handgun on or about the license
holder's person when a magistrate or a peace officer demands that
the license holder display identification, the license holder shall
display both the license holder's driver's license or
identification certificate issued by the department and the license
holder's handgun license. A person who fails or refuses to display
the license and identification as required by this subsection is
subject to suspension of the person's license as provided by
Section 411.187.
(b) A person commits an offense if the person fails or
refuses to display the license and identification as required by
Subsection (a) after previously having had the person's license
suspended for a violation of that subsection. An offense under this
subsection is a Class B misdemeanor.

Added by Acts 1997, 75th Leg., ch. 165, § 10.01(a), eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, § 9.17(a), eff.
Sept. 1, 1999.

I agree 100%

[USPnTX]

I had just the opposite thing happen to me. I got stopped several years back. I wasn't carrying at the time but I handed the officer my CHL anyway. He asked if I was carrying. I said no and he proceeded to gripe me out for handing him something he didn't need. Sheesh!!

[srothstein]

As a professional peace officer, I have to agree with Charles. The officer was wrong, both about the law and the way he handled the situation (I have little patience for rudeness from cops). And I agree that the best way to handle this is an informal complaint. Tell the supervisor about the whole situation, then tell him you basically are more interested in the officer getting the correct law. Any decent sergeant will handle the other half of this at the same time.