TexasCHLforum.com

garcia946 wrote:Hypothetical , what if your out and can not speak. What happens when EMTs find your firearm? Do they take it and give to LEO? Then you get it back later? Curious.....

Had a motorcycle accident and got knocked unconscious. Saddlebag with handgun (& cell phone) in it was directly hit and destroyed and gun must have been laying in the street (my best guess). I was out except for about a 2 minute window where I called my wife on my cell phone that mysteriously was next to me on the curb. When I came around (later at the hospital), my handgun was with the rest of my personal possessions, little worse for wear. (Retention strap had some scuffing/cut where it had hit the ground.) CHL never mentioned in the police report and I was never personally asked for my CHL. (I can't of course attest to what they went through while I was out.)

My guess is they would have given it to me immediatly if I was in a more suitable mental state.

Very commendable handling by the SAPD.

Most EMS have a procedure to have police secure a firearm at a scene because medical personnel are trained to provide medical care, not in firearm handling. This typically applies for police officers transported by ambulance as well.

Beiruty wrote:

couzin wrote:No need to show it if not carrying.

Wrong, by law there is still requirement to provide both when asked for an ID.

Only if you're carrying a concealed handgun. Same as last year. And the year before. And...

I am a Paramedic in west Houston and the question that was asked about a handgun at the accident scene is a "just depends". Our department has no official policy on this subject. This is just me. Are you under the influence? Are you alert and oriented. Are you unconcious? If you are breaking the law, EMS will not cut you any slack. We will notify the dispatcher to have Law Enforcement meet us at the hospital and let them deal with it. We might or might not find the gun at the accident scene (around police). It is very possible that you might arrive at a local hospital, and they find it. If so, I'm sure they would give it to their security (with same restrictions stated above) and you would get it back at some point. We do have the Police search the crazies and drug addicks that we get. The vast majority of our responders are very knowlegdable about handguns and feel very comfortable around them. I have also taught CHL classes to most the EMS and Fire personnel in this area. We do not carry on duty because of the 30.06 sign at the entrance to both our normal hospitals and department policy. A normally docile person can become violent with a head injury, insulin shock, etc. If found, I will remove the handgun for my safety. If you have a CHL and are talking to me (alert) en route to the hospital, I will let you call someone to meet you at the hospital to retrieve your handgun. I, like you, want that gun in the hands of a good guys.

jamullinstx wrote:Texans have never been required to present when not carrying. Some LEO's are misinformed, but that is the law.

Also incorrect. When SB60 passed in 1995, it contained a requirement to carry your CHL at all times, carrying or not.

That was one of the first 'fixes' made, I believe in 1997.

Not quite, the initial law passed in 1995 had 2 conditions under which a CHL was required to present the license:

• If specifically requested by a LEO for the CHL
• If requested to display ID and carrying

It didn't specifically require the licensee to always have the CHL in his/her possession, but did require presentation in those two circumstances. If the licensee didn't have it with him when demanded, it resulted in a Class B misdemeanor. Why the legislature thought it was a good idea to require on demand presentation of the CHL when that isn't even required for a drivers license is beyond me.

While the CHL law history is interesting, it is still true that CHL holders are not required to present unless carrying, and that was not changed with the new law eliminating the penalty for failure to present.

Mike1951 wrote:

jamullinstx wrote:Texans have never been required to present when not carrying. Some LEO's are misinformed, but that is the law.

Also incorrect. When SB60 passed in 1995, it contained a requirement to carry your CHL at all times, carrying or not.

That was one of the first 'fixes' made, I believe in 1997.

(g) On a demand by a magistrate or a peace officer that a license holder display the license holder's handgun license, the license holder shall display both the license and the license holder's driver's license or identification certificate issued by the department.
(h) 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.
(i) A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (g) or (h) of this section. An offense under this subsection is a Class B misdemeanor.

(g) was not contingent on the licensee actually carrying. So your statement that Texans never had to display when not carrying is inaccurate. Since LE could demand to see your license at any time, carrying or not, the net effect was to require possession of the license at all times.

A few months back I was in an accident while on my way to work. When the LEOs arrived I handed over my TXDL, CHL and proof of insurance. The first LEO asked if I was armed, I told him that my firearm was secured in my glove box (where I had placed it after getting my car out of traffic.) He then informed the second officer (that had just walked up) that I was a CHL holder and of the status of my firearm. Now I wasn't sure if I needed to hand over my CHL or not. I figured that if/when my DL was run, my status as a CHL holder would come up and I figured better safe than sorry. Ultimately, neither officer really seemed interested in my CHL, they took the report, handed over their cards with the case number and I was left to wait for the tow truck.

I'm going to show both my DL and my CHL whether I'm carrying or not because the LEO will see if they run the DL that I also have a CHL.

I'll also say that as a courtesy to you officer I'd like to inform you that tonight I am not carrying my weapon.

CHLady wrote: that tonight I am not carrying my weapon.

One must always carry, especially at night especially a lady especially in a car. You don't know when you are going to need that gun.

You are absolutely correct!!!