A "first" when stopped by DPS last night

[C-dub]

I'll give you the on or about your person, but if the gun is in the center console of your car and you are standing at the back bumper I don't believe it's "on or about your person. About would imply within easy reach.

Keep in mind that many people are just not used to standing up for their rights with the police. Many people think the police are the good guys, and most are most of the time. Many of us were brought up to respect the police and for me, at least, the only reason I'm more cautious now is because I was taken advantage of by a bad apple. I have yet to take a moral stance against an officer for anything and think it would still be a difficult thing to go through with because of my respect for them. I don't get hassled and try not to break the law to give anyone an excuse in the first place.

[tornado]

I'll give you the on or about your person, but if the gun is in the center console of your car and you are standing at the back bumper I don't believe it's "on or about your person. About would imply within easy reach.

Have you been asked to get out of the vehicle before you're asked for ID? Or do you get out before the officer approaches?

[PArrow]

I'll give you the on or about your person, but if the gun is in the center console of your car and you are standing at the back bumper I don't believe it's "on or about your person. About would imply within easy reach.

Have you been asked to get out of the vehicle before you're asked for ID? Or do you get out before the officer approaches?

I haven't been stopped in a long time, and (knock on wood) it'll be a lot longer before it happens again. But I believe most stops now they ask you to remain in the car.

As for respect for the law/LEO, good cop or bad cop it's never in your favor to answer any questions. Remember you have the right to remain silent, ANYTHING YOU SAY MAY BE USED AGAINST YOU. Nothing you say will be used to help you! One mistake in what you tell a LEO can open you up to probable cause or worst. Be polite and courteous. The Police have no business knowing where you were or where you are going. Only answer yes or no questions, other than that don't volunteer information. "Do you know why I stopped you? NO!", "Do you know how fast you were going? I believe I was doing the speed limit, never tell the office you thought you were just over the limit that's an admission of guilt".

[Scott in Houston]

I'll give you the on or about your person, but if the gun is in the center console of your car and you are standing at the back bumper I don't believe it's "on or about your person. About would imply within easy reach.

I can't find the case, but the courts disagree with this. Having it in your car is considered on or about your person... in particular the "about your person" part.
When he asked if was armed, a gun sitting literally underneath my elbow, counts. This stop could be real ugly had I tried to say I wasn't armed.

[steveincowtown]

I'll give you the on or about your person, but if the gun is in the center console of your car and you are standing at the back bumper I don't believe it's "on or about your person. About would imply within easy reach.

I can't find the case, but the courts disagree with this. Having it in your car is considered on or about your person... in particular the "about your person" part.
When he asked if was armed, a gun sitting literally underneath my elbow, counts. This stop could be real ugly had I tried to say I wasn't armed.

Here is one....

Contreras v. State, 853 S.W.2d 694 (Tex. App.-Houston [1st District] 1993) “The statute requires only a particular form of possession: carrying on or about the person, which includes, in our modern view, the interior of one’s vehicle.”

[sjfcontrol]

I don't think there is any doubt that you're armed when the gun is within the "lunge" area of the car, while you're in the car...

Are you guys saying it STILL applies once you've been removed from the car? That was PArrow's point.

[steveincowtown]

I don't think there is any doubt that you're armed when the gun is within the "lunge" area of the car, while you're in the car...

Are you guys saying it STILL applies once you've been removed from the car? That was PArrow's point.

I would have to believe for the purposes of a conviction, if the Officer witness you exit the vehicle and then finds a gun in a "lunge" area (and you were not supposed to be in possession of said weapon) you would 100% be convicted no matter where you were standing.

If we are just talking about whether the officer should have retrieved the gun when he was out of the "lunge" area, I am going to say no.

I am no cop, but I would have to think I am safer with a suspect away from a weapon, then I am bending over on the side of the road and shuffling through a "suspects" car with nobody watching the very person I felt like I had to disarm.


I am all about the "lock" method when stepping out of the car. Simply lock the door and step out.

Officer- "Why did you lock your car?"

Me- "Creature of habit, I always hit the button when I step out so I don't forget."

[sjfcontrol]

I don't think there is any doubt that you're armed when the gun is within the "lunge" area of the car, while you're in the car...

Are you guys saying it STILL applies once you've been removed from the car? That was PArrow's point.

I would have to believe for the purposes of a conviction, if the Officer witness you exit the vehicle and then finds a gun in a "lunge" area (and you were not supposed to be in possession of said weapon) you would 100% be convicted no matter where you were standing.

If we are just talking about whether the officer should have retrieved the gun when he was out of the "lunge" area, I am going to say no.

I am no cop, but I would have to think I am safer with a suspect away from a weapon, then I am bending over on the side of the road and shuffling through a "suspects" car with nobody watching the very person I felt like I had to disarm.


I am all about the "lock" method when stepping out of the car. Simply lock the door and step out.

Officer- "Why did you lock your car?"

Me- "Creature of habit, I always hit the button when I step out so I don't forget."

Maybe I'm missing the point. If the officer has you exit the vehicle (where there is a gun in the console), and then asks if you're armed. The proper answer would be NO. You are not currently armed. There are no firearms on or about (within lunge range) your person. If a gun is subsequently found in the vehicle, and you aren't legally allowed to possess one, then that is another issue.