2 CHL's 1 gun- the other question

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flechero
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2 CHL's 1 gun- the other question

Post by flechero »

If you and a friend were in the car together and he had a chl and you knew he was carrying, but you were not... and were asked during a stop if there were any weapons in the car- would you volunteer his weapon? Or would you answer differently if asked if YOU had any weapons vs ARE there any weapons?

Would love a LEO opinion on this. I rarely drive with anyone else but many of my friends do have CHL's... I assume everyone else carries regularly but I've never ask.
TexasVet
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Re: 2 CHL's 1 gun- the other question

Post by TexasVet »

I think you speak for yourself. I would respond by "I do have a gun officer" or "I do not have a gun". He can ask the other person, as even with a person with a CHL I am not going to assume anything, nor speak for them.

As a passenger, do you even have to provide ID ? You are not driving .. (as long as there is no exigent circumstance such as alcohol, etc).
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OnceFired
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Re: 2 CHL's 1 gun- the other question

Post by OnceFired »

Interesting question. I don't claim to know the law regarding driver vs passenger culpability on these matters.

But, what the officer is fundamentally asking is not "Do you have any weapons" but rather "Are there any weapons in the vehicle?" Are you suggesting the LEO needs to quiz each member of a 15-passenger van if he were to make such a stop?

We all know he is trying to ascertain the level of safety or danger this traffic stop is for him. Personally, it feels like trying to get off on a technicality right from the get go if you KNOW your friend has a CHL regardless of whether either of you is carrying, or know that each other is carrying or not. The spirit in which the question was asked seems every bit as important as the question itself.

If I was in the car with a driver who may/may not be carrying but I as a passenger WAS carrying, I would certainly want to communicate that despite not being the driver / being the person the LEO is directly questioning.

Forthright honesty with LEO will tend to give you a better chance at avoiding whatever ticket he was considering writing. If he finds out later that your passenger was carrying, YOU will definitely get a ticket regardless of what happens to your pal. If you & your pal are forthright, it might also prevent your buddy from getting shot. Seems pretty easy decision to me.

Besides, my car my rules if I was driving. If am a passenger, I offer up my own info since it is assumed the LEO is speaking to the driver at least primarily, so I will let him answer for himself.

OnceFired
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Keith B
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Re: 2 CHL's 1 gun- the other question

Post by Keith B »

If the weapon is on his person (carrying on body) then no, I would not announce it. However, I will still present my CHL and if he asks if I cam carrying, then I will answer no. If he asks about in the vehicle, then I may respond that my passenger is a CHL, but don't know his status, even if I do. I don't see any harm in letting them know.
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