TexasCHLforum.com

Would you be required to show your CHL if when pulled over and asked for id the gun is in a locked box under your seat? Just wondering if that classifies as carrying under the authority of your CHL.

I think that would be splitting-hairs. I would show and advise where it is, if asked.

My question would be why wouldn't you show it if you got pulled over? They are going to find out about it anyway when they run your DL.

Purplehood wrote:I think that would be splitting-hairs. I would show and advise where it is, if asked.

dalto wrote:My question would be why wouldn't you show it if you got pulled over? They are going to find out about it anyway when they run your DL.

again.

Lonest4r wrote:Would you be required to show your CHL if when pulled over and asked for id the gun is in a locked box under your seat? Just wondering if that classifies as carrying under the authority of your CHL.

You may be able to make a case that you are not "...carry(ing) on or about (your) person" if it is locked up and inaccessible. Similar to if you had it in your trunk. But why bother to split hairs. Just show your CHL.

Second question, why would you carry it that way if you have your CHL? Why not in your console or on your person?

EDIT: Technically you could do above without a CHL under the MPA.

I would just produce your CHL and advise the officer where the gun is. No need to possibly aggitate the officer.

I don't understand why some people have problems showing their CHL to an officer and look for legal loopholes to avoid showing it. It is not an infringement of your rights and it makes the officer's job easier

Westfield wrote:I don't understand why some people have problems showing their CHL to an officer and look for legal loopholes to avoid showing it. It is not an infringement of your rights and it makes the officer's job easier

And makes your traffic stop easier in general. I'd rather not surprise the officer and have him come back with an unholstered weapon.

Lonest4r wrote:Would you be required to show your CHL if when pulled over and asked for id the gun is in a locked box under your seat? Just wondering if that classifies as carrying under the authority of your CHL.

Is the gun loaded in that lock box?
If you are carrying a concealed weapon in your vehicle and have a CHL, you are not carrying under the MPA but under your CHL.
By the book, if the pistol in the locked box is unloaded, I'd say no, you don't have to show your CHL. Common sense dictates you not agitate the officer and give him your CHL when asked for ID.
if it is loaded, then yes, you are obligated to give the officer your CHL when asked for ID.

If the LEO asks to see stuff, my TX DL, TX CHL, and Insurance are all in the same hand.

Digging around in your pockets, console, or glove box isn't likely to reduce tension.

salty

mkosmo wrote:

Westfield wrote:I don't understand why some people have problems showing their CHL to an officer and look for legal loopholes to avoid showing it. It is not an infringement of your rights and it makes the officer's job easier

And makes your traffic stop easier in general. I'd rather not surprise the officer and have him come back with an unholstered weapon.

I have never understood this standpoint. I have no issue showing mine fyi. BUT, how does showing it make his job easier? All that should happen is when he walks back he asks where is your weapon? He is gonna ask that usually anyway when you show him. Second, why would he come back unholstered? Simple failure to show doesnt justify a felony stop mode. CHL holders are not the officer's enemy.

jamisjockey wrote:Is the gun loaded in that lock box?
If you are carrying a concealed weapon in your vehicle and have a CHL, you are not carrying under the MPA but under your CHL.
By the book, if the pistol in the locked box is unloaded, I'd say no, you don't have to show your CHL. Common sense dictates you not agitate the officer and give him your CHL when asked for ID.
if it is loaded, then yes, you are obligated to give the officer your CHL when asked for ID.

For the most part, Texas law makes no distinction between a loaded gun and an unloaded one, as far as whether a person has "committed an offense".

saltydog452 wrote:If the LEO asks to see stuff, my TX DL, TX CHL, and Insurance are all in the same hand.

Digging around in your pockets, console, or glove box isn't likely to reduce tension.

salty

When he runs your DL, he'll know about your CHL, and might wonder why you didn't show it
If you set the officer at ease from the beginning, it might go easier on you too.
Producing a CHL indicates that you probably have no felony convictions, wants nor warrants.

LarryH wrote: For the most part, Texas law makes no distinction between a loaded gun and an unloaded one, as far as whether a person has "committed an offense".

Penal Code 46.01....you're right as far as I can tell. In that case, if you've got a firearm in the cabin of the vehicle, IMHO, INAL, you're obligated to present your CHL.

jamisjockey wrote:

LarryH wrote: For the most part, Texas law makes no distinction between a loaded gun and an unloaded one, as far as whether a person has "committed an offense".

Penal Code 46.01....you're right as far as I can tell. In that case, if you've got a firearm in the cabin of the vehicle, IMHO, INAL, you're obligated to present your CHL.

This isn't California.