If you are pulled over should you inform...

[longhornmike]

I have a CHL and recently was pulled over for speeding , 47 mph in a 35 mph zone. When the officer came to my truck I informed him that I have a CHL and showed him my driver;s license and my CHL.

My question is this ;Is it a requirement to inform the officer that you have a CHL ? I have no problem doing it but a friend says you don't have to.

[Keith B]

If you are carrying and they ask for ID, yes you must. Has been the law all along and should have been taught in your CHL class.

EDIT TO ADD: IMO it is a good idea to show them both even if not carrying as they will see you have a CHL when they run your license and may come back to ask. Some officers misunderstand the requirements and get upset if you don't show them the CHL even if not carrying.

[longhornmike]

Keith , thanks. But are you saying that you do not have to tell them if you are not carrying ? By the way , I'm sure they went over this in my class , but after a couple of years I forget a few things.

[stroguy]

http://www.txdps.state.tx.us/administra ... l/stop.htm" onclick="window.open(this.href);return false;

[RoyGBiv]

http://www.txdps.state.tx.us/administra ... l/stop.htm

Bookmarked.! Thanks.!
Saves lots of typing.

[Liberty]

While it is still the law, The penalties have been taken away. I don't know if all law officers are aware of it, and it seems to me that they could legally cite us for the infraction , even if a judge would have no options.

I hand a an officer my CHL whenever asked for a licence. If I happen to not be carrying I volunteer that information. If I am armed I don't volunteer that that information. But will let the officer take the lead, and answer any questions he may have.

The officers sometimes won't bother to ask if I'm armed, sometimes they ask where the firearm(s) are. They don't seem to get overly concerned about it though.

edit:
I have never been asked if my guns were loaded. Its probably pretty obvious that they are.

[longhornmike]

Okay , but what if you're not carrying ? And I'm curious as to what is "the law" , not just a recommendation. That being said , I will always inform any officer that I have a CHL.

[ELB]

Okay , but what if you're not carrying ? And I'm curious as to what is "the law" , not just a recommendation. That being said , I will always inform any officer that I have a CHL.

Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. 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.

So no, if you are not carrying, you are not required to display CHL. Might be advisable, but not required.


As far as the penalty for failure to display, the code used to read like this:

Section 411.187
(a) A license may be suspended under this section if the license holder:
...
(2) fails to display a license as required by Section 411.205;

However as of 1 Sep 2009, that sub-para (2) was removed entirely
Also, other references in the law to this particular sub-para were removed as well.

Link: http://www.legis.state.tx.us/tlodocs/81 ... 02730F.HTM" onclick="window.open(this.href);return false;

Recall that the 2009 legislature regular session had a bill that would have removed the requirement entirely, but it and a lot of other good stuff got held up by the Dem's "chubbing" over Voter ID. Gov Perry called a special session to deal with unfinished budget stuff, and due to the process rules of the legislature, it was easier/possible to remove just the penalty rather than the whole requirement.

[The Annoyed Man]

Okay , but what if you're not carrying ? And I'm curious as to what is "the law" , not just a recommendation. That being said , I will always inform any officer that I have a CHL.

In a nutshell:

1) If you are NOT carrying, you are NOT required to show your CHL to an LEO when asked for ID.

2) If you ARE carrying, and you are asked to show your legal ID (TDL, etc.), then you ARE required to present your CHL along with other legal ID, but there is no penalty under the law for failure to do so.

3) If you ARE carrying and you are NOT asked to provide any form of ID, then you are NOT required to present your CHL or inform the officer that you are armed. Also, it is probably better not to volunteer "I have a gun!" Wait for the LEO to ask, and then answer. If they don't ask, let it go.

4) As a matter of common courtesy, it is generally regarded as wise to present BOTH TDL and CHL when an LEO asks for your ID, even when you are not armed. Consider it a pre-emptive defusing.

[bayouhazard]

You have to present both cards but you don't have to inform him whether you're carrying. If he asks you can answer. However, it's probably a bad idea to scream "I HAVE A GUN!" during a traffic stop.

[NavAir]

I had an interesting LEO encounter last month. Driving with my wife and son from TX to FL. Got pulled over in MS for following too closely (I probably was). After the LEO chastised me, he looks around the car and compliments me on our dog riding in back. Oh, by the way, can I see your driver's license? So, I hand my DL and CHL over. He looks at them, and asks, "What do you carry?" "Sig 239," says I. "I like my Glock," he says. "Oh," I said, "that's what my wife carries."

"Be more careful, and have a nice day."

[Lumberjack98]

You have to present both cards but you don't have to inform him whether you're carrying. If he asks you can answer. However, it's probably a bad idea to scream "I HAVE A GUN!" during a traffic stop.

No (please read the previous posts).

You only HAVE to present both cards if you ARE carrying AND you have been asked to present ID.

See the annoyed man's post above for a more thorough write up.

[JJVP]

I had an interesting LEO encounter last month. Driving with my wife and son from TX to FL. Got pulled over in MS for following too closely (I probably was). After the LEO chastised me, he looks around the car and compliments me on our dog riding in back. Oh, by the way, can I see your driver's license? So, I hand my DL and CHL over. He looks at them, and asks, "What do you carry?" "Sig 239," says I. "I like my Glock," he says. "Oh," I said, "that's what my wife carries."

"Be more careful, and have a nice day."

Were you implying that a Glock is a girls gun ?

[stash]

I don't mean to go off track here, but if I remember correctly, a couple months ago or so a member here indicated that he thought something had changed that made Border Patrol, FBI Agents, etc., Texas Peace Officers as far as having to provide CHL if asked for ID. He was going to check further to confirm this. I never saw anything about this again, but I sure could have missed it. Anyone know if the Fed LEO's are now considered peace officers in Texas for ID purposes.

Even if not I would probably provide my CHL status to a Fed if asked for ID.

[bayouhazard]

You have to present both cards but you don't have to inform him whether you're carrying. If he asks you can answer. However, it's probably a bad idea to scream "I HAVE A GUN!" during a traffic stop.

No (please read the previous posts).

You only HAVE to present both cards if you ARE carrying AND you have been asked to present ID.

Haha! You got me!

That's what I get for assuming
1) a CHL would have a handgun in their vehicle or on their person, and
2) a cop would ask for ID during a traffic stop like in the OP.