Page 1 of 2
Brooks County
Posted: Sat Nov 24, 2012 4:59 pm
by Flix89
Some clarification would be nice!
I recently had an encounter with a Brooks County LEO. My CHL application is currently in the review phase and as such never carry on my person at anytime. I do however, carry in my vehicle whenever I travel from my county to another for whatever reason. Needless to say I was pulled over for a traffic violation and after handing the LEO my documents I informed him that there was a firearm in the vehicle but not on my person. He then proceeded to tell me that he had 24 years of LE experience and his expertise in the law said that I should not have a firearm in my vehicle as it was illegal. I was under the impression that you could have a firearm in your vehicle in Texas without a CHL. Can someone please clarify?
Re: Brooks County
Posted: Sat Nov 24, 2012 5:06 pm
by WildBill
Flix89 wrote:Some clarification would be nice!
I recently had an encounter with a Brooks County LEO. My CHL application is currently in the review phase and as such never carry on my person at anytime. I do however, carry in my vehicle whenever I travel from my county to another for whatever reason. Needless to say I was pulled over for a traffic violation and after handing the LEO my documents I informed him that there was a firearm in the vehicle but not on my person. He then proceeded to tell me that he had 24 years of LE experience and his expertise in the law said that I should not have a firearm in my vehicle as it was illegal. I was under the impression that you could have a firearm in your vehicle in Texas without a CHL. Can someone please clarify?
It is legal. Since the LEO thought is was not legal what happened after you informed him about your firearm in the vehicle?
Re: Brooks County
Posted: Sat Nov 24, 2012 5:13 pm
by Flix89
WildBill wrote: It is legal. Since the LEO thought is was not legal what happened after you informed him about your firearm in the vehicle?
After I informed him of it, he stated that they always arrested anyone who carried in this manner. He then took the firearm to see if it was not stolen, which it wasn't since I am not a criminal lol. After returning my firearm he told me that it was illegal to have a firearm in the car as traveling from one county to another did not meet the requirements for travelling. He mentioned the Texas Motorist Protection Act but I was under the impression that Texas HB 1815 clarified that misconception.
Re: Brooks County
Posted: Sat Nov 24, 2012 5:16 pm
by Teamless
I have to ask why you informed him that you had a weapon in the vehicle?
I didn't see where you said he asked, so did you just feel the need to be up-front about it?
Re: Brooks County
Posted: Sat Nov 24, 2012 5:20 pm
by Flix89
Yes that's the part of the law I may have misinterpreted, I could not remember if you had to inform them of the firearm or if that was privileged information.
Re: Brooks County
Posted: Sat Nov 24, 2012 5:53 pm
by RPB
Traveling/ crossing counties is pretty much irrelevant now anyway
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
I wouldn't volunteer information unless I was asked
Officer ... I have dried blood drops in the trunk in that carpeting on the floor of the trunk .... but it's just because I cut my finger changing the tire ... Why volunteer info?
After you are licensed, you are supposed to show your chl to a peace officer when asked for ID by a peace officer, (no penalty if you don't) and not all law enforcement people are peace officers.
Re: Brooks County
Posted: Sat Nov 24, 2012 5:58 pm
by Flix89
Point taken, in hindsight that would have the optimal choice.
Re: Brooks County
Posted: Sat Nov 24, 2012 6:05 pm
by zaroffhunts
Teamless wrote:I have to ask why you informed him that you had a weapon in the vehicle?
Concealed means concealed.
RPB wrote:I wouldn't volunteer information unless I was asked
Officer ... I have dried blood drops in the trunk in that carpeting on the floor of the trunk .... but it's just because I cut my finger changing the tire ... Why volunteer info?
One of the first things I leaned in boot camp was
don't volunteer!
Re: Brooks County
Posted: Sat Nov 24, 2012 6:10 pm
by Flix89
That is great advice should I ever find myself in the same situation again.
Thank-You
Re: Brooks County
Posted: Sat Nov 24, 2012 6:31 pm
by zaroffhunts
Flix89 wrote:That is great advice should I ever find myself in the same situation again.
Thank-You
By then, your license should arrive, and you will be required to show your CHL when a peace officer asks for ID.
Re: Brooks County
Posted: Sat Nov 24, 2012 7:08 pm
by ELB
The bad part is not that the OP told the officer he had firearm in the vehicle. The bad part is that an LEO with 24 years experience was so determinedly ignorant about the law. Given subject matter, I see little excuse for this kind of ignorance of a law that has been on the books for years.
Re: Brooks County
Posted: Sat Nov 24, 2012 7:20 pm
by tomtexan
Flix89 wrote:Some clarification would be nice!
I recently had an encounter with a Brooks County LEO. My CHL application is currently in the review phase and as such never carry on my person at anytime. I do however, carry in my vehicle whenever I travel from my county to another for whatever reason. Needless to say I was pulled over for a traffic violation and after handing the LEO my documents I informed him that there was a firearm in the vehicle but not on my person. He then proceeded to tell me that he had 24 years of LE experience and his expertise in the law said that I should not have a firearm in my vehicle as it was illegal. I was under the impression that you could have a firearm in your vehicle in Texas without a CHL. Can someone please clarify?
Wow! Twenty-four years of LE experience and still doesn't know. It's kind of irritating to me to know someone in his position goes off bragging like that and still doesn't have a clue. I wonder what he would have said if you tried to tell him different. I'm sure he wouldn't have had any part of hearing that.
I'm also wondering why the OP didn't get a ride based on the LEO's experience. Maybe he really does know the law as it currently is and was just trying to keep the OP from carrying a firearm in his motor vehicle.
Re: Brooks County
Posted: Sat Nov 24, 2012 7:27 pm
by tomtexan
ELB wrote:The bad part is not that the OP told the officer he had firearm in the vehicle. The bad part is that an LEO with 24 years experience was so determinedly ignorant about the law. Given subject matter, I see little excuse for this kind of ignorance of a law that has been on the books for years.
Absolutely! Why chastise the OP for him volunteering the info?
He was just doing what he thought was right in his mind. Let's focus more on the LEO that was totally wrong with his statement after boasting about his extensive experience.
Re: Brooks County
Posted: Sat Nov 24, 2012 8:31 pm
by baldeagle
zaroffhunts wrote:Teamless wrote:I have to ask why you informed him that you had a weapon in the vehicle?
Concealed means concealed.
RPB wrote:I wouldn't volunteer information unless I was asked
Officer ... I have dried blood drops in the trunk in that carpeting on the floor of the trunk .... but it's just because I cut my finger changing the tire ... Why volunteer info?
One of the first things I leaned in boot camp was
don't volunteer!
I volunteered twice in boot camp. That got me 9 weeks sitting behind a desk doing nothing while everyone else was out training and four straight weeks of weekend liberty. Sometimes volunteering can work out well.
Re: Brooks County
Posted: Sat Nov 24, 2012 9:31 pm
by Jumping Frog
Written complaint.
He needs corrective action.
He could arrest the next person, especially of they are the wrong age group, profession, or ethnicity. Someone will find themselves jammed up unless this donut king get some larnin'.