TexasCHLforum.com

Hello everyone, long time reader, just now starting to post. Couple of questions, mainly theoretical.

1. As long as you have the "SA" license, you can literally carry ANY pistol....right???
Example: A AR-15 pistol .223 cal. with a beta-mag. Yes, I understand that this is not only extremely impractical, but hard to conceal, more of a theoretical question rather than pragmatic.
Do class III weapons (again, not asking practicality,rather legality) count as valid carry weapons?

2. At what point would one NOT need to disclose (legally) that they are carrying when pulled over
Say I had ONE (literally ONE) beer at a bar, and beforehand I unloaded and locked my gun away--in my trunk-- and on the home trip, get pulled over, I'd have the gun in one of these, in my trunk:

YES,I understand the preferred "safe"method would be leave the rig at home. Would I need to announce even though I am not in reach or proximity, to a locked, unloaded weapon? If so, how does the officer safety requirement for disarming and inspection come in to play given the impossibility of its' use?
If so, what if I bought a stripped lower-receiver that literally was just a block of metal in the car? What is the requisite for disclosure?

3.I haven't seen many of you talk about the Taurus Public Defender revolver. I know it can take .45Long and .410, but because of the barrel it is still considered "carryable" with a CHL, right?
Why haven't I seen anyone on here carry one? They have a small polymer framed version now, if weight was the limiting factor. I'm partial to Glocks,1911's and pocket guns like many of you, but I really enjoyed the feel of one at the gun show. What am I missing here?

Thanks.

RSJ

For # 2

RSJ wrote:At what point would one NOT need to disclose (legally) that they are carrying when pulled over

1 - if asked for ID, you are legally required to give your DL and CHL.
2 - I would not disclose that I am or am carrying, UNLESS asked after showing my license.
3 - if Asked, I would disclose if I am or am not, and IF asked, then disclose where the weapon is.
4 -

RSJ wrote:If so, what if I bought a stripped lower-receiver that literally was just a block of metal in the car? What is the requisite for disclosure?

- again, if asked, I would disclose it, just as part of full disclosure, IN CASE they search the vehicle (with cause) and find the lower and know what it is.
It doesn't hurt to state that you have the lower.

I'll bite - although this post really seems like it is bait...

RSJ wrote:1. As long as you have the "SA" license, you can literally carry ANY pistol....right???
Do class III weapons (again, not asking practicality,rather legality) count as valid carry weapons?

The SA classification allows you to carry ANY type of handgun. I guess you could carry an AR-15 'pistol' if you can conceal it somehow. Practically (yes, I know you are hypothesizing), it would be dang hard to do and I wouldn't want to have to try to defend myself in court after using it. Especially if I wounded or killed an innocent.

RSJ wrote:2. At what point would one NOT need to disclose (legally) that they are carrying when pulled over
Say I had ONE (literally ONE) beer at a bar, and beforehand I unloaded and locked my gun away--in my trunk... If so, what if I bought a stripped lower-receiver that literally was just a block of metal in the car? What is the requisite for disclosure?

If not carrying - no need to disclose. However, again practically, if you get stopped, might be best to volunteer that there is a gun locked in the truck. Still no need to produce a CHL though. A gun part is a gun part - so what... Intoxication though, one beer, 25 beers - different matter and has been beat to death here already.

RSJ wrote:3.I haven't seen many of you talk about the Taurus Public Defender revolver.?

Of course you can carry it. Sure it has (been talked about)! My guess is, it weighs a ton, it is a handful, and (IMHO) I have fired the Taurus revolver products and cannot keep from locking them up (short stroke triggering). I'd probably consider one for home defense - but as a personal carry weapon - naw!!

couzin wrote: Still no need to produce a CHL though

Sorry, but this statement is not correct.
The statute says that you have to provide the CHL if you are asked for ID.
It does not stipulate "only if you are carrying"

Thanks for the info so far!

And no, they are actually legit questions My reasoning:

1. I had recently been to the range and shot a friends pistol AR, it came to mind, I wondered how the carry law treated an "assault" style pistol.
2. The drinking thing almost happened. I was running errands (while carrying) and a friend asked me to go to dinner, and have a drink. I ended up going, but not drinking alcohol (or carrying into the bar/restaurant), in part because, as you mentioned, intoxication determinations aren't something I'm willing to gamble with. I do actually have an empty safe, the one pictured below, permanently attached to my trunk.

For proof:



3. As for the Judge/Public Defender, I just figured the selling point of that gun was as a CCW or defensive-multi purpose situation. Sounds perfect for Texans

Teamless wrote:

couzin wrote: Still no need to produce a CHL though

Sorry, but this statement is not correct.
The statute says that you have to provide the CHL if you are asked for ID.
It does not stipulate "only if you are carrying"

Right, in the hypothetical, it isn't the handing over of the DL and CHL that I meant, rather the decision or obligation to inform the officer of a unusable weapon (especially in an extremely safe situation-see above)
Even if I told him politely, yes officer there is a un-chambered, unloaded, pistol, locked away in a safe, bolted in my trunk.... under SOME of the 4th amendment stuff I've read (bare with me, haven't taken criminal procedure yet) the officer couldn't physically force me to give him the code to the safe, rather he'd have to arrest me (for something?) and do a later inventory of the vehicle, OR get a warrant (which I hope my refusal of search wouldn't be the rubberstamp for the judge)

^ Above may come off as defensive, and not the "best" route, I'm just trying to assess my rights in this situation.

Teamless wrote:

couzin wrote: Still no need to produce a CHL though

Sorry, but this statement is not correct.
The statute says that you have to provide the CHL if you are asked for ID.
It does not stipulate "only if you are carrying"

Actually:

GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (a) 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.

Teamless wrote:

couzin wrote: Still no need to produce a CHL though

Sorry, but this statement is not correct.
The statute says that you have to provide the CHL if you are asked for ID.
It does not stipulate "only if you are carrying"

Then I am confused - here is what I understand from the current handbook:

GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (a) 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.

FAQ 59. If I am not carrying my handgun, must I still carry my license? No. Under the concealed handgun law, you are only required to have your license with you whenever you are carrying a handgun.

If the handgun is not on your person nor within your grasp or accessibility (in the trunk and locked away as poster stated) - there would be no requirement to show a CHL.

RSJ wrote:I wondered how the carry law treated an "assault" style pistol.

Well - it is a 'handgun' (although I believe in my heart you would probably find yourself in court trying to prove it), and if you had a class III license then I guess you can carry it - doesn't look like the statute has a specific restriction - still, I really believe this would result in a court case (and woe be you if you let loose a 30 shot burst and endangered others).

RSJ wrote:Do class III weapons (again, not asking practicality,rather legality) count as valid carry weapons?

A long time ago, in a galaxy where there were more concealed carry licenses in Los Angeles CA than in all of Texas...

I knew a guy who got a (NFA registered) AOW to carry in his car because it was not a "handgun" and technically legal to carry. Fortunately, he never needed to test that in court. I suspect he would have won but it might have been expensive.

RSJ wrote:3.I haven't seen many of you talk about the Taurus Public Defender revolver. I know it can take .45Long and .410, but because of the barrel it is still considered "carryable" with a CHL, right?

It's no different than any other handgun. Actually, as a revolver, you only need an NSA CHL.

RSJ wrote:Why haven't I seen anyone on here carry one? They have a small polymer framed version now, if weight was the limiting factor. I'm partial to Glocks,1911's and pocket guns like many of you, but I really enjoyed the feel of one at the gun show. What am I missing here?

Personal preference. I don't have any reason to shoot a person with bird shot. So, if I'm going to load it with 45s, I could carry a double-stack semi-auto 45 for the same size and weight, and the semi-auto would probably have a much better trigger.

couzin wrote:there would be no requirement to show a CHL.

I do stand corrected, it is not how I remembered my class, but that is the benefit of this forum

That being said, I would show, either way. Thus preventing the officer from running my DL and coming back assuming I was hiding something.

I've had the showing the license go both ways, had police officers ask why I didn't even though I wasn't carrying and had em ask why I did show when I wasn't carrying, even had one ask me why I wasn't carrying and told me that I should carry all the time unless I was intoxicated or someplace on the prohibited list. however with all that being as it is, the only time you have to give the officer your CHL is if you are infact carrying on or about your person(vehicle trunk doesn't count) next if you have had a few brews and you have it in the trunk or if you even have one in the vehicle the answer is to NEVER offer information that isn't solicited by the officer. my answer to the question asked by the officer "is there anything I need to know about in your vehicle" is one word, NO! and if he asks to search the answer is NO!

JP171 wrote:I've had the showing the license go both ways, had police officers ask why I didn't even though I wasn't carrying and had em ask why I did show when I wasn't carrying, even had one ask me why I wasn't carrying and told me that I should carry all the time unless I was intoxicated or someplace on the prohibited list. however with all that being as it is, the only time you have to give the officer your CHL is if you are infact carrying on or about your person(vehicle trunk doesn't count) next if you have had a few brews and you have it in the trunk or if you even have one in the vehicle the answer is to NEVER offer information that isn't solicited by the officer. my answer to the question asked by the officer "is there anything I need to know about in your vehicle" is one word, NO! and if he asks to search the answer is NO!

This sounds about what I was thinking. Thanks!

Teamless wrote:That being said, I would show, either way.

Yep - me too!!!

JP171 wrote:...my answer to the question asked by the officer "is there anything I need to know about in your vehicle" is one word, NO! and if he asks to search the answer is NO!

Again - IMHO (only) - police have tough enough job, if someone refuses to disclose, or let a search be conducted, then there IS going to be a search while you sit on the curb (possibly cuffed). Why act like they are your enemy??!!

couzin wrote:

Teamless wrote:That being said, I would show, either way.

Yep - me too!!!

JP171 wrote:...my answer to the question asked by the officer "is there anything I need to know about in your vehicle" is one word, NO! and if he asks to search the answer is NO!

Again - IMHO (only) - police have tough enough job, if someone refuses to disclose, or let a search be conducted, then there IS going to be a search while you sit on the curb (possibly cuffed). Why act like they are your enemy??!!

they can only search if they have reason to correct? or are you saying they will make up a reason to if they want to?