CHL presentation question

[texchef]

Week before last I was pulled over for speeding while on vacation. I was on a state highway outside of Port Lavaca, TX, and was pulled over by a state trooper for speeding (66mph in a 60mph posted area). I was not carrying a firearm since my family and I were returning from a location that does not allow concealed carry and I had made the decision to leave my handgun secured at our rented residence. Once pulled over I was asked for my license and I complied but did not present my CHL, assuming since I wasn't carrying a firearm I needn't present. The trooper returned and asked me if I had a CHL, I replied yes, and he proceeded to enlighten me to the fact that my CHL was subject to revocation since I didn't present it with my DL, and that I was "one lucky fool" because he was going to let me go with a warning for the traffic violation and a warning for the CHL violation, but if he had the inclination my day could have been a very costly one. Am I a CHL idiot or am I in fact required to present if not carrying at all? My dad and I both took our CHL class a year ago at the same place, and he and I both were under the impression that if we were unarmed, with no firearm at any location within the vehicle, we weren't required to present our CHL. Was I mistaught the law or did I mislearn?

[Cosmo 9]

You are no Idiot Sir!

You are correct and welcome to the forum!

[9mmfan]

The relevant code is 411.205. It states, paraphrased of course, that if a licensed individual is carrying a handgun on or about his or her person, and is asked by a magistrate or peace officer for identification, said individual must present both TXDL or TXID and TXCHL. The presumption would then be, if a handgun is not present, then no duty to notify exists. However, it seems to be the general consensus amongst license holders that if asked, one should present regardless, as when the ID is "run," the status as CHL holder will become evident, and somehow will come across as an attempt to hide something to some LEOs. Why a state trooper would not be aware of this is unbeknownst to me, or maybe he was just messing with you. As I am neither a lawyer or law enforcement, I cannot fathom. At any rate, you walked (or in this case, drove) away, and other than the passing along of bad or misconstrued info, no harm, no foul.

[Dexdahex]

Week before last I was pulled over for speeding while on vacation. I was on a state highway outside of Port Lavaca, TX, and was pulled over by a state trooper for speeding (66mph in a 60mph posted area). I was not carrying a firearm since my family and I were returning from a location that does not allow concealed carry and I had made the decision to leave my handgun secured at our rented residence. Once pulled over I was asked for my license and I complied but did not present my CHL, assuming since I wasn't carrying a firearm I needn't present. The trooper returned and asked me if I had a CHL, I replied yes, and he proceeded to enlighten me to the fact that my CHL was subject to revocation since I didn't present it with my DL, and that I was "one lucky fool" because he was going to let me go with a warning for the traffic violation and a warning for the CHL violation, but if he had the inclination my day could have been a very costly one. Am I a CHL idiot or am I in fact required to present if not carrying at all? My dad and I both took our CHL class a year ago at the same place, and he and I both were under the impression that if we were unarmed, with no firearm at any location within the vehicle, we weren't required to present our CHL. Was I mistaught the law or did I mislearn?

No you did not have to present your CHL for 2 reasons
1. you were not carring
2. it is now link to your DL( but if you were carring you would have needed it)

Once again another LEO that doesn't know the law. However I would have presented it, Just because some LEO's just don't understand

[longtooth]

Welcome to the board. We are glad to have you here.

That officer was wrong as far as the requirement to present if you are not armed.

The easiest & BEST thing I have found to do when stopped for a violation is:

Have ID pac out by the time officer gets to your vehicle.
I carry mine in a military style fold pac around my neck so I dont have to get in a back pocket w/ a gun on my belt.
I present my DL, CHL, & Insurance all at the same time.
State my name, I do have a Texas CHL, & I am armed.
If I were not, which is never, I carry 24-7 because I cannot guess right,

Unarmed I would suggest you hand over all ID at the same time & State your name, I have a CHL, & I am not armeed at present.

Worse case cenario there would be a well educated officer that gives it back & says "then I dont need this."
Sorry you had a bad experience w/ your first stop.
I have been stopped twice since CHL & had perfect gentlemen in the officers that gave me my tickets for speeding both times.

[Liberty]

Just a thought, but is it possible that the officer assumed that TXchef was armed. I would imagine that a lot of CHL holders and LEOs would find it hard to comprehend that a CHL holder was running around unarmed.

[flb_78]

Why would you not at least leave a gun in the car?

As others have stated, you only need to offer your CHL when you are armed.

[Houston1944]

I have seen this question on almost every gun forum I have ever visited. There usually are a few that take the position that the law says if I am not carrying I do not have to show it, therefore I won't. I have never understood this position since the officer is going to know as soon as he runs your DL thru the system.

I can think of several good reasons why I have and will present both CHL and DL even if I am not carrying. I cannot think of a single reason not to present the CHL. Maybe it is because I am just old and don't sweat unimportant things anymore. However, if anyone knows of a really good reason why I should not present both then please enlighten this old man.

[1FastSS]

I have had 4 CHL classes, one when I first got my license and 3 renewals. In every class I have taken, they told me to present my CHL even if I am not carrying. They tell it's not required to show if I'm not pack'in, but good practice. I have been pulled over a few times in the last 12+ years and every time I present my license, even if I leave my gun at the house. The officer usually thanks me for letting him know in advance. Might just be the little extra that gets you a warning and not a ticket. My CHL is right next to my TDL, why not give the officer both?

[USA1]

I can think of several good reasons why I have and will present both CHL and DL even if I am not carrying. I cannot think of a single reason not to present the CHL.

i feel the same way . to me ,it would be favorable to present the CHL.
it automatically shows that you are a law abiding citizen who has no serious criminal history .

however , if i get pulled over , i will be armed .
why have the license and not take full advantage of it .

[Greybeard]

It sounds like that trooper needs to be reported. And "re-educated" if he ever "got it". Fortunately, most of the DPS guys are far sharper - and more courteous - than that. Even if they do write you a ticket.

[Bart]

I have seen this question on almost every gun forum I have ever visited. There usually are a few that take the position that the law says if I am not carrying I do not have to show it, therefore I won't. I have never understood this position since the officer is going to know as soon as he runs your DL thru the system.

So what difference does it make if we show it? I think it would help officer safety much more if fugitives from justice and illegal aliens and people on probation or parole have to inform police of their status.

[gemini]

I.

So what difference does it make if we show it? I think it would help officer safety much more if fugitives from justice and illegal aliens and people on probation or parole have to inform police of their status.

Ouch! And risk being accused of "profiling"? How unfair would that be?

[joe817]

I agree with USA1 agreeing with Houston1944. And I'm unanimous in that statement.

[mikeintexas]

I also keep my CHL and DL in the same pocket in my wallet and hand both over when requested, just to avoid the possible hassle. To me, it ain't worth it!