Can a cop ask you if you're CCW?

[Ruark]

An amendment that came up to HB 910 reduces the penalty for carrying past a 30.06 sign to a Class C misdemeanor. If you're given notice and asked to leave and then don't leave, it's a Class A, with arrest/jail/loss of CHL, etc.

If you're completely concealed, can an LEO walk up to you and ask if you're CCW, because he sees that slight bulge under your shirt? Do you have to respond? I'm assume you do, otherwise you'll start some big mess.

I'm visualizing a situation where a store employee sees your bulge, asks if you're CCW, and you tell him it's none of his business, so he calls the police: "I think there's a guy carrying a gun in the store...." and the cop shows up and approaches you with the question.

[WildBill]

An amendment that came up to HB 910 reduces the penalty for carrying past a 30.06 sign to a Class C misdemeanor. If you're given notice and asked to leave and then don't leave, it's a Class A, with arrest/jail/loss of CHL, etc.

If you're completely concealed, can an LEO walk up to you and ask if you're CCW, because he sees that slight bulge under your shirt? Do you have to respond? I'm assume you do, otherwise you'll start some big mess.

I'm visualizing a situation where a store employee sees your bulge, asks if you're CCW, and you tell him it's none of his business, so he calls the police: "I think there's a guy carrying a gun in the store...." and the cop shows up and approaches you with the question.

He can ask for ID, which if are carrying you have to show your CHL. IANAL, but I don't think you have to answer any questions. You may "start some big mess", but that's another issue.

[gljjt]

An amendment that came up to HB 910 reduces the penalty for carrying past a 30.06 sign to a Class C misdemeanor. If you're given notice and asked to leave and then don't leave, it's a Class A, with arrest/jail/loss of CHL, etc.

If you're completely concealed, can an LEO walk up to you and ask if you're CCW, because he sees that slight bulge under your shirt? Do you have to respond? I'm assume you do, otherwise you'll start some big mess.

I'm visualizing a situation where a store employee sees your bulge, asks if you're CCW, and you tell him it's none of his business, so he calls the police: "I think there's a guy carrying a gun in the store...." and the cop shows up and approaches you with the question.

Cop can ask, I don't know what your obligation to reply might be. If you do reply it must be truthful. If the cop asks for ID and you are carrying, you must produce your DL and CHL.

[RoyGBiv]

An amendment that came up to HB 910 reduces the penalty for carrying past a 30.06 sign to a Class C misdemeanor. If you're given notice and asked to leave and then don't leave, it's a Class A, with arrest/jail/loss of CHL, etc.

If you're completely concealed, can an LEO walk up to you and ask if you're CCW, because he sees that slight bulge under your shirt? Do you have to respond? I'm assume you do, otherwise you'll start some big mess.

I'm visualizing a situation where a store employee sees your bulge, asks if you're CCW, and you tell him it's none of his business, so he calls the police: "I think there's a guy carrying a gun in the store...." and the cop shows up and approaches you with the question.

Cop can ask, I don't know what your obligation to reply might be. If you do reply it must be truthful. If the cop asks for ID and you are carrying, you must produce your DL and CHL.

There's no penalty for not doing so.

Interesting dilemma.... Will be interested to hear legal opinions..

[Abraham]

This isn't something I've ever heard about being a problem.

By that I mean, if you're a pedestrian.

This is a variation of concern regarding bulges.

My advice: Don't sweat it as it's highly unlikely to occur. Bulges as far as I've know have not created an interface with cop called by a merchant.

(I've yet to read this type i.d. request ever on this board)

However, if it does happen,I would cooperate with the LEO in this case as it's in your own best interest.

Generally speaking, this isn't something that happens.

[sugar land dave]

He can ask for ID, at which time you are required by law to also hand him your CHL, iirc however there is no penalty currently if you do not hand him the CHL. If you went that route, though there is a 5th amendment and a 4th amendment, I would expect things to go rapidly downhill from there. That is just my opinion and is not legal advice, a recommendation, or anything else beyond my comment.

[The Annoyed Man]

How about this for an answer: "Hello officer, It's a little noisy in here. Can we step outside and discuss this?" Once outside, the point is moot.

[jmra]

IMHO, if you are asked, you aren't doing it right.

[n5wd]

IMHO, if you are asked, you aren't doing it right.

True Dat!

[RonW956]

GC §411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace
officer who is acting in the lawful discharge of the officer’s official duties may
disarm a license holder at any time the officer reasonably believes it is necessary
for the protection of the license holder, officer, or another individual. The peace
officer shall return the handgun to the license holder before discharging the
license holder from the scene if the officer determines that the license holder is
not a threat to the officer, license holder, or another individual and if the license
holder has not violated any provision of this subchapter or committed any other
violation that results in the arrest of the license holder.
(b) A peace officer who is acting in the lawful discharge of the officer’s official
duties may temporarily disarm a license holder when a license holder enters a
non-public, secure portion of a law enforcement facility, if the law enforcement
agency provides a gun locker where the peace officer can secure the license
holder’s handgun. The peace officer shall secure the handgun in the locker and
shall return the handgun to the license holder immediately after the license holder
leaves the non-public, secure portion of the law enforcement facility.
(c) A law enforcement facility shall prominently display at each entrance to a nonpublic,
secure portion of the facility a sign that gives notice in both English and
Spanish that, under this section, a peace officer may temporarily disarm a license
holder when the license holder enters the non-public, secure portion of the facility.
The sign must appear in contrasting colors with block letters at least one inch in
height. The sign shall be displayed in a clearly visible and conspicuous manner.
(d) In this section:
(1) “Law enforcement facility” means a building or a portion of a building
used exclusively by a law enforcement agency that employs peace officers as
described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support
personnel to conduct the official business of the agency. The term does not
include:
(A) any portion of a building not actively used exclusively to conduct the
official business of the agency; or
(B) any public or private driveway, street, sidewalk, walkway, parking lot,
parking garage, or other parking area.
(2) “Non-public, secure portion of a law enforcement facility” means that
portion of a law enforcement facility to which the general public is denied
access without express permission and to which access is granted solely to
conduct the official business of the law enforcement agency. ---
Last amended by Acts 2007, 80th Leg., R.S., Ch. 572 (S.B. 1709), Sec. 1, eff. September 1,

[mojo84]

GC §411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace
officer who is acting in the lawful discharge of the officer’s official duties may
disarm a license holder at any time the officer reasonably believes it is necessary
for the protection of the license holder, officer, or another individual. The peace
officer shall return the handgun to the license holder before discharging the
license holder from the scene if the officer determines that the license holder is
not a threat to the officer, license holder, or another individual and if the license
holder has not violated any provision of this subchapter or committed any other
violation that results in the arrest of the license holder.
(b) A peace officer who is acting in the lawful discharge of the officer’s official
duties may temporarily disarm a license holder when a license holder enters a
non-public, secure portion of a law enforcement facility, if the law enforcement
agency provides a gun locker where the peace officer can secure the license
holder’s handgun. The peace officer shall secure the handgun in the locker and
shall return the handgun to the license holder immediately after the license holder
leaves the non-public, secure portion of the law enforcement facility.
(c) A law enforcement facility shall prominently display at each entrance to a nonpublic,
secure portion of the facility a sign that gives notice in both English and
Spanish that, under this section, a peace officer may temporarily disarm a license
holder when the license holder enters the non-public, secure portion of the facility.
The sign must appear in contrasting colors with block letters at least one inch in
height. The sign shall be displayed in a clearly visible and conspicuous manner.
(d) In this section:
(1) “Law enforcement facility” means a building or a portion of a building
used exclusively by a law enforcement agency that employs peace officers as
described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support
personnel to conduct the official business of the agency. The term does not
include:
(A) any portion of a building not actively used exclusively to conduct the
official business of the agency; or
(B) any public or private driveway, street, sidewalk, walkway, parking lot,
parking garage, or other parking area.
(2) “Non-public, secure portion of a law enforcement facility” means that
portion of a law enforcement facility to which the general public is denied
access without express permission and to which access is granted solely to
conduct the official business of the law enforcement agency. ---
Last amended by Acts 2007, 80th Leg., R.S., Ch. 572 (S.B. 1709), Sec. 1, eff. September 1,

Wrong issue. Asking and disarming are two different issues.

[nightmare69]

What's your plan once the officer pats you down and finds it? Remember, Terry v. Ohio allows the officer to pat down a persons outer clothing if the officer has "reasonable suspicion"
that the person is carrying a weapon.

[rotor]

For the lawyers, let's say the guy is not carrying and the bulge is his colostomy bag and he refuses to show the leo anything. What then happens? I don't think the average citizen has to show a leo ID for a "bulge" or answer any questions. Perhaps I am wrong. Once he agrees to answer though that's a different situation.

[C-dub]

An officer can ask just about anything including for ID. However, doesn't there have to be some legitimate reason for the contact and that it is not just randomly asking people for ID? I guess that's why some folks are constantly asking if they are being detained or if they are free to go. Also, unless carrying, the request for ID doesn't have to be met with the production of a DL or similar. It only requires identifying one's self with name and address or birth date or something.

[oohrah]

This is not Nazi Germany. A LEO cannot stop you on the street and ask for ID without probable cause that you are a person of interest or a suspect. IANAL or something like that.