TexasCHLforum.com

Bart wrote:

ScottDLS wrote:

boomerang wrote:

srothstein wrote:So, an out of stater in Texas would have the same duty to produce his license as a Texan would.

LarryH wrote:MPA is a Texas law, and does not apply outside the state. (IMHO)

I was thinking of the variation in which a Texas CHL's tags/DL are run by a trooper in another state. In that case, the (Texas) Motorist Protection Act would not apply. However, most of the discussion seems to be centered on what would "happen" to the resident of another state whose tags/DL are run by a Texas trooper. In that case, my comment does not apply.

cbr600 wrote:Every state varies but in NC we were obligated to "disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer" but not if you're carrying openly instead of concealed.

Weeeellll, at least you don't have to confirm you are carrying openly. "Uh, officer. I am indeed wearing a [insert carry weapon of choice] in a [insert holster of choice] and though it is in plain view you did say, 'Good Morning'"

boomerang wrote:

srothstein wrote:So, an out of stater in Texas would have the same duty to produce his license as a Texan would. But how would the cop know. In Texas, of course, he gets Texas CHL's on the DL return, but the officer cannot get out of state CHL's. So, if you were truly carrying concealed and from out of state, the officer would write the ticket or warning or whatever and you would go on your way without a problem. UNLESS, the officer decides to arrest you for some reason (he can for just a traffic ticket other than speeding or open container), or asks for permission to search and you give it. Then the officer finds the gun and doesn't know you have a CHL and things go downhill fast.

Why wouldn't MPA apply?

MPA would probably apply, but maybe the pistolw as unconcealed or something else stopped it from applying.

But even if MPA applied, the situation is going to go downhill fast. The person would probably walk in the long run, and if from out of state might walk that night, but there is going to be some tension and strongly worded instructions from the officer. When I was on patrol, I thought that one of the big advantages of a person having a CHL was that I did not have to worry about his having a gun. I could assume it was there and assume he was a good guy and not going to use it on me. I like the MPA, but if the person doesn't let me know there is a gun and I have a reason to search and I find it, even I would get a little more tense. Knowing there are anti-gun officers out there, I would bet they would get more than a little tense.