Question about carrying in car concealed...

[Vanguard]

New guy here...hopefully this hasn't been answered. I scanned the group but didn't see anything addressing it. Here's the question: I have a CHL. If I'm pulled over but my gun is concealed in the console and not on my person, is it required of me to still show my CHL to the officer? If so, why? If anyone, even those without a CHL, can carry concealed in the car, why is a CHL holder required to do more than the average citizen would have to do during a stop? Another question...If the car is considered an extension of the home, and I am not required to inform an officer at my doorstep that I have firearms inside my house, why must I do it in my car? Not trying to start any kind of argument, I'm genuinely curious.

[Tic Tac]

New guy here...hopefully this hasn't been answered. I scanned the group but didn't see anything addressing it. Here's the question: I have a CHL. If I'm pulled over but my gun is concealed in the console and not on my person, is it required of me to still show my CHL to the officer?

Yes, because the law says so. There's no (legal) penalty any more but the requirement is still on the books.

Another question...If the car is considered an extension of the home, and I am not required to inform an officer at my doorstep that I have firearms inside my house, why must I do it in my car? Not trying to start any kind of argument, I'm genuinely curious.

Your car is not an extension of yor home in Texas. I don't know how that urban myth got started. I suspect bath salts but have no proof.

Also, the requirement to display your CHL when they demand ID also applies in your home and business same as your car or the local mall.

[Vanguard]

So, if I'm reading this correctly, the requirements for a CHL holder are more strict than requirements for Joe Public? The reason I asked the original question was because I ride bicycles a lot and took my CHL out of my wallet and place it in my cargo pocket when I go riding so I don't have to carry my wallet. The other day, I forgot that I did this and neglected to transfer the CHL back to my wallet. I did not have it on me when I went to pick up my daughter but I did have my firearm on me. I was wondering if placing the firearm in my console would be okay. So, it's not a criminal offense but it's still on the books as a no no....got it. Seems silly to me that anyone can carry a gun in their car in Texas but CHL holders have an extra requirement when doing so, even though they've actually already been through more stringent background checks to begin with. Thanks for the reply.

[Teamless]

I was wondering if placing the firearm in my console would be okay.

Yes, in your console is fine, (KEEP IT CONCEALED of course)

If asked for ID, show it,
If you forgot your CHL, tell the officer as you give him your DL, "I have a CHL, but forgot to move it to this wallet (these shorts, etc)..."
IF asked if you have a gun, then offer that up,but do not by any means put your gun in plain view - You will get arrested.
Do not come out and say "I have a gun......" in a manner that they may it to mean you mean to do them harm, versus just informing them you have a gun.

In Texas, you have NO obligation to tell a cop you have a gun on you, UNLESS ASKED
However, if asked for an ID, you do have an obligation to produce your DL AND your CHL.

[JP171]

I was wondering if placing the firearm in my console would be okay.

Yes, in your console is fine, (KEEP IT CONCEALED of course)

If asked for ID, show it,
If you forgot your CHL, tell the officer as you give him your DL, "I have a CHL, but forgot to move it to this wallet (these shorts, etc)..."
IF asked if you have a gun, then offer that up,but do not by any means put your gun in plain view - You will get arrested.
Do not come out and say "I have a gun......" in a manner that they may it to mean you mean to do them harm, versus just informing them you have a gun.

In Texas, you have NO obligation to tell a cop you have a gun on you, UNLESS ASKED
However, if asked for an ID, you do have an obligation to produce your DL AND your CHL.

You have to show your CHL only if you are carrying your handgun, not anytime your asked for ID

[RoyGBiv]

The other day, I forgot that I did this and neglected to transfer the CHL back to my wallet. I did not have it on me when I went to pick up my daughter but I did have my firearm on me. I was wondering if placing the firearm in my console would be okay. So, it's not a criminal offense but it's still on the books as a no no....got it. Seems silly to me that anyone can carry a gun in their car in Texas but CHL holders have an extra requirement when doing so, even though they've actually already been through more stringent background checks to begin with. Thanks for the reply.

If you get pulled over in TX, the officer will know from your DL that you have a CHL.

In the scenario above, I would do/say the following...

1. I would continue to carry concealed on my person IN THE CAR, because there's nothing wrong with doing so.
2. If I got out of the car, I would lock the gun up. Preferably in a keyed lock box, the glove box is too easy for a criminal to open.
3. If I got pulled over, when the officer approached I would say "Officer, I have a concealed handgun license and I do have my weapon with me today, how would you like to proceed?"
4. after the officer tells you what to do, I would say "officer, I believe I left my CHL card in my workout clothes when I was riding my bicycle earlier". They can look you up in the system to verify and you are covered under MPA as a fall back.

Since you are in the car, you can carry under MPA, but CHL's are required to notify, even if your license is not on you.
If you are outside the car WITH your gun and no license, you can be cited. I don't recall the penalty offhand.
There is no penalty for not notifying, but it is still required.

This is my opinion. I am not a lawyer. This is not legal advice.

[Vanguard]

Thanks for the replies, guys. Very informative. So...I shouldn't wave my gun out the window, Yosemite Sam style, and yell "I have a gun!"?

Okay, I know what the law says but does anyone besides me find it odd that CHL holders need to go through this little routine when just anyone can carry in the car anyway? For what purpose does the officer need to see your CHL when he doesn't need to see one from Joe Public? Doesn't sound very well thought out to me.

[nightmare69]

If you get pulled over its common courtesy to let the LEO know you have a firearm and where it is. Under MPA you have no legal obligation to inform the LEO you have a firearm but he doesn't have to let you off with a warning either. If you are courteous it can work out in your favor.

When I pull someone over for a traffic violation I like to know if the violator has a firearm. If especially if it's the same compartment as your registration and insurance. If everything comes back clear and you are nice and courteous I will let you off with a written warning. This is just me though as I rarely write a citation unless the person fails the attitude test or is a scumbag criminal.

[ScottDLS]

Thanks for the replies, guys. Very informative. So...I shouldn't wave my gun out the window, Yosemite Sam style, and yell "I have a gun!"?

Okay, I know what the law says but does anyone besides me find it odd that CHL holders need to go through this little routine when just anyone can carry in the car anyway? For what purpose does the officer need to see your CHL when he doesn't need to see one from Joe Public? Doesn't sound very well thought out to me.

It came from before MPA when carrying in your car without a CHL was illegal. The requirement to display your CHL used to have a punishment associated with failure to do so, but that was eliminated for the reason that you point out. It would be silly to penalize a CHL for doing something (car carry and don't display CHL) that was legal for a non-CHL.

[cb1000rider]

Okay, I know what the law says but does anyone besides me find it odd that CHL holders need to go through this little routine when just anyone can carry in the car anyway? For what purpose does the officer need to see your CHL when he doesn't need to see one from Joe Public? Doesn't sound very well thought out to me.

I find it odd.
Although it's probably more of an issue when the police question someone "in public" and probably too difficult to exclude "when traveling in a vehicle".
You're definitely disadvantaged if you have a firearm in your vehicle and a CHL.... The good news is that if you don't do it right, there is no penalty.

Note that your CHL may show up in a traffic stop. So expect that.

[Vanguard]

I would always show my CHL (If I didn't leave it my shorts...duh) and tell the officer I have a firearm. Just as someone said, out of common courtesy. I don't agree with the attitude of "If you tell me you have a gun, I'd be more inclined to let you off with a warning" though. It's a 2nd amendment right and as such, getting a citation for something shouldn't be subject to the temperament of the officer when informing him/her or not of exercising that right. I see it more as a safety issue. If the officer sees it for some reason, and I have not informed him that I have it, again....depending on the temperament of the officer, it could go badly.

I learned something about there being no penalty for not handing over the CHL immediately though. I did not know that. Thanks guys, you answered my question.

[RoyGBiv]

Okay, I know what the law says but does anyone besides me find it odd that CHL holders need to go through this little routine when just anyone can carry in the car anyway? For what purpose does the officer need to see your CHL when he doesn't need to see one from Joe Public? Doesn't sound very well thought out to me.

Look at the positive side....

ANYONE (other than a prohibited person) can carry in the car.
Only a CHL can say they've been background checked and gone through formal training.

Which do you think a LEO will feel more comfortable about when they find out that a gun is in the vehicle?

[cb1000rider]

Which do you think a LEO will feel more comfortable about when they find out that a gun is in the vehicle?

YMMV. You're comparing:
1) A background checked person that is licensed to carry a firearm and is much more likely to have one available.
2) Or a non-background checked person that comes up "clean" without priors or outstanding warrants and like the remaining and may or may not be carrying.

I've had great stops, I've had stops that don't go so well... I've tried to alter my behavior to encourage more "great" stops.

[thetexan]

If you get pulled over its common courtesy to let the LEO know you have a firearm and where it is. Under MPA you have no legal obligation to inform the LEO you have a firearm but he doesn't have to let you off with a warning either. If you are courteous it can work out in your favor.

When I pull someone over for a traffic violation I like to know if the violator has a firearm. If especially if it's the same compartment as your registration and insurance. If everything comes back clear and you are nice and courteous I will let you off with a written warning. This is just me though as I rarely write a citation unless the person fails the attitude test or is a scumbag criminal.

Are you referring to a written warning for the traffic violation?

Tex

[nightmare69]

If you get pulled over its common courtesy to let the LEO know you have a firearm and where it is. Under MPA you have no legal obligation to inform the LEO you have a firearm but he doesn't have to let you off with a warning either. If you are courteous it can work out in your favor.

When I pull someone over for a traffic violation I like to know if the violator has a firearm. If especially if it's the same compartment as your registration and insurance. If everything comes back clear and you are nice and courteous I will let you off with a written warning. This is just me though as I rarely write a citation unless the person fails the attitude test or is a scumbag criminal.

Are you referring to a written warning for the traffic violation?

Tex

Yes. Department policy says we have to either write a citation or a warning on a traffic stop.