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Do you have to tell cop if you have a gun in your car?

Posted: Fri Dec 16, 2011 8:39 pm
by CJD
If you do not yet have your CHL? Thoughts? (I'm wondering more from a legal standpoint) Also, if you say no, and they want to search your car or something, would you get in trouble for having said no? I believe, if you do not have a CHL, it's not really their business, but that is why I wanted some second thougts. Thanks.

Re: Do you have to tell cop if you have a gun in your car?

Posted: Fri Dec 16, 2011 8:48 pm
by C-dub
From a legal standpoint, no. The only requirement to notify is if one has a CHL and the penalty for not notifying has been removed. If I did not have a CHL and were carrying in my vehicle under the MPA I would not notify an officer unless it became necessary before the officer was going to find it anyway. If it's a simple traffic stop it is unlikely the subject would ever arise.

Re: Do you have to tell cop if you have a gun in your car?

Posted: Fri Dec 16, 2011 8:54 pm
by speedsix
...from a realistic standpoint...I would...though not legally necessary...I'd tell him with my hands on the wheel...then there's no way it could startle him...and you wouldn't answer no reflexively...often an officer will ask if there's any weapons in the car...or "anything I should know about"....to give him that courtesy will usually predispose him to seeing you as a good guy...it's not illegal not to...but it costs nothing...

Re: Do you have to tell cop if you have a gun in your car?

Posted: Fri Dec 16, 2011 9:01 pm
by CC Italian
Legally, I try not to answer :lol: Personally I agree with this 100%
I'd tell him with my hands on the wheel...then there's no way it could startle him
and maintain eye contact.

Re: Do you have to tell cop if you have a gun in your car?

Posted: Fri Dec 16, 2011 10:01 pm
by CJD
Thanks guys, I just didn't know if he'd (or she'd) be like "oh you're hiding something" or "oh, you lied to an officer."

Re: Do you have to tell cop if you have a gun in your car?

Posted: Sat Dec 17, 2011 9:18 am
by speedsix
...that would vary from officer to officer...and have a lot to do with what kind of day he'd had...it's their discretion as to how they evaluate the facts as presented to them...or not...most here have had nothing but pleasant experiences in their dealings with Texas LEOs...our attitudes have a lot to do with theirs...

Re: Do you have to tell cop if you have a gun in your car?

Posted: Sat Dec 17, 2011 9:27 am
by Oldgringo
Tell 'em it's none of their business and to stop harrassing you, an innocent tax paying citizen. "rlol" :smilelol5:

After youre released and the next time you're stopped, you might want to try speedsix's suggestion above.

Re: Do you have to tell cop if you have a gun in your car?

Posted: Sat Dec 17, 2011 9:34 am
by Keith B
As other's have said, while not illegal to voluntarily disclose the fact up front, if asked you need to tell. If they find it later after you said you didn't have it, then they will not be happy. Any LEO will be a lot more comfortable at a traffic stop with a cooperative person than one who is not. A warning ticket might just turn into a citation if they find you were not forthcoming with your answers to questions.

Re: Do you have to tell cop if you have a gun in your car?

Posted: Sat Dec 17, 2011 10:27 am
by jdlott74
Asked the question to DH and he said that while you don't have to if you don't have a CHL, he personally would. This coming from a cadet in the local Police Academy so take it for what it is worth.

Re: Do you have to tell cop if you have a gun in your car?

Posted: Sat Dec 17, 2011 10:31 am
by punkndisorderly
If they don't ask, don't tell them. If they ask, I'd say something like "I've got a pistol in the glovebox." Most officers will just say "ok, keep your hands away from there" or say OK and continue with the stop.

I advise against lying. In my experience, most people suck at lying. Most cops have a pretty good bull detector.

Keep your insurance.and anything else they are likely to ask for in a separate place from where you keep your gun.

Re: Do you have to tell cop if you have a gun in your car?

Posted: Sat Dec 17, 2011 11:42 am
by Hoosier Daddy
punkndisorderly wrote:If they don't ask, don't tell them.
This.

Re: Do you have to tell cop if you have a gun in your car?

Posted: Sat Dec 17, 2011 11:58 am
by A-R
Hoosier Daddy wrote:
punkndisorderly wrote:... don't ask, don't tell ..
This.
So y'all are saying just keep it in the closet ... er, I mean, glove box ? :evil2:


:biggrinjester:



:anamatedbanana

Re: Do you have to tell cop if you have a gun in your car?

Posted: Sat Dec 17, 2011 12:00 pm
by Hoosier Daddy
Concealed means concealed. DADT

Re: Do you have to tell cop if you have a gun in your car?

Posted: Sat Dec 17, 2011 2:04 pm
by Jumping Frog
I was under the impression that lying to a police officer in performance of their duties was a crime in and of itself.

Re: Do you have to tell cop if you have a gun in your car?

Posted: Sat Dec 17, 2011 4:54 pm
by Tamie
Jumping Frog wrote:I was under the impression that lying to a police officer in performance of their duties was a crime in and of itself.
I thought SCOTUS said suspects have a Fifth Amendment right to lie to police. Lying under oath is still perjury but that's different from when a cop questions someone outside the courtroom.