Pulled over today for first time while carrying.
tecdv
July 21, 2006, 04:13 PM
I was pulled over today for speeding while carrying. The LEO was pretty cool about it. I did have one little snag with informing as required by Ohio law. The LEO started talking to me before he even got close to my car, when he reached my window I handed him my DL and CHL while he was still talking. He obviously didn't run my plates before walking up to my car because he looked supprised when he realized he was holding my CHL. When he asked me if I had the weapon in the car I said yes, locked in the glove box. He then asked me why I didn't offer that information before he had to ask. I just told him that I didn't have a chance to say anything because he was talking to me. Anyway, he checked to make sure the glove box was locked and went back to his car to write me a ticket for speeding. His buddy, still standing by my car asked me what kind of gun I had, and a few other gun related questions, overall being kind of nice. He did tell me next time I get pulled over to let them know first thing, even if I have to talk over them to tell them. Well, the other guy got out of his cruiser and had me sign the ticket and I was on my way. No problems for the most part, other than a ticket....Oh well, I knew I was speeding. I have no idea why that particular road is posted at 25 mph.
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MechAg94
July 21, 2006, 04:22 PM
"I've got a gun!! I've got a gun!!"
Handing him the concealed license is not considered notification?
Jesse H
July 21, 2006, 04:25 PM
First time I was pulled over while carrying the officer just asked where it was and that was that.
There was one time where I could tell the officer wasn't enthusiastic about citizen concealed carry. He questioned why I was running around Houston with a holstered gun. I figured it may have been unwise to reply with, "for the same reasons you are officer."
Lupinus
July 21, 2006, 04:31 PM
I think it is reasonable to wait for a pause to offer the information. Yelling over an officer "I have a gun" or firearm or sidearm or anything like that can be bad for ones health if you have a jumpy officer. And even if he isn't jumpy talking over him with such a phrase is still not a good thing.
At your first oppertunity I'd say tell them or say it in response to them asking you for your license "May I see your license and registration please?" "I have a valid CHL and a loaded sidearm (in my glovebox, on my right hip, etc) how would you like me to proceed officer?" said with your hands clearly visible and on the steering wheel and take it from there with his instructions. Also don't use the word gun or weapon, say sidearm it is a term that doesn't convey weapon or that you plan to do something with it, "I have a gun! I have a weapon" whens the last time you heard a bad guy yell "I have a sidearm!"? So IMO the term sidearm is a better way to go then saying the word gun.
If it peeves him you didn't offer it the second he was at your window explain that you didn't want to yell over him saying you have a gun, and if it lands you in court explain you didn't want to speak over the officer and agian explain that you esspecialy didn't want to speak over an officer to explain that you have a gun and that you said so at the first avalible oppertunity.
Lupinus
July 21, 2006, 04:34 PM
There was one time where I could tell the officer wasn't enthusiastic about citizen concealed carry. He questioned why I was running around Houston with a holstered gun. I figured it may have been unwise to reply with, "for the same reasons you are officer."
Figured I'd do my best to save yall some paperwork and time tracking down a murderer if I ever happen to run into one :neener:
Jhorn
July 21, 2006, 04:42 PM
In TX handing them your CHL with your DL is what I have been taught in the classes, always worked well for me.
I agree with not talking over a Cop about the gun I am carrying...seems like a bad manners!
Outlaws
July 21, 2006, 04:44 PM
IMO if you offer up your license and the officer doesn't take a hint, he deserves a ticket for stupidity.
tecdv
July 21, 2006, 04:52 PM
I agree with not talking over a Cop about the gun I am carrying...seems like a bad manners!
That was exactly what I was thinking at the time.
Taurus 66
July 21, 2006, 05:01 PM
I put my drivers license, registration card, proof of insurance, and pistol permit all in one small pocket sized folding book. If an officer pulls me over, he automatically gets handed these four important documents. "Are you carrying now?", he may ask, where my reply may then be a simple, "Yes" or "No". If he never bothers to ask about my CCW, I'll never bring up the subject.
brj3car
July 21, 2006, 05:22 PM
I always keep hands on the wheel as LEO approaches. I also keep license, registration, insurance, and permit in a pouch on the sun visor. That way your hands are always in plain view as opposed to digging thru the glovebox/console.
Valkman
July 21, 2006, 05:28 PM
What they said is ridiculous - handing them the CHL is notifying them as soon as you could and is perfectly reasonable. If they want instant notification then their first question should be "Is there any guns in the vehicle?".
JesseL
July 21, 2006, 05:35 PM
The week before last, the local police were searching for a couple wanted for carjacking a car from a convenience store and using air guns to shoot out $60,000 worth of windows in the area.
My wife (who's 6 months pregnant) and I were out for a little drive and heading home when I saw a police car whip into the lane behind me a flip on the gumballs. I duly pulled over and got my dl and cwp ready. My wife was a little startled when the officer knocked on the passenger window instead of the drivers side, but she quickly got her window down and I handed him my license and permit. The officer looked at them and asked if I had a weapon. I replied that I did and he asked where it was. I told him it was holstered on my left side IWB. He asked me to step out of the car and keep my hands where he could see them. As he came around to my side of the car I heard him say "things are just making a little too much sense here":eek: .
I got out of the car and as the officer was disarming me I noticed that another police car and two motorcycles had pulled up, all with their lights flashing. The officer cleared my pistol and placed it on the sidewalk. While the y were running my dl and cwp the officers questioned my wife and I seperately about where we had been and where we were going, etc. Once they saw the my wife was pregnant they calmed down a little, apparently that didn't fit the description of who they were after.
Satisfied that we were not the nuts they wanted, they gave me back my pistol but handed the magazine and the round from the chamber to my wife, whom they had allowed to sit back down in the car.
I thought it was a pretty interesting experience, since I knew I hadn't done anything and was fairly confident the police would figure it out pretty quick. My wife on the other hand, was completely unnerved by the experience and hardly got to sleep that night (I'm certain part of this reaction is from the pregnancy).
This was the first time an officer has disarmed me but I don't see any reason to object considering the situation they were dealing with. Other times I've been pulled over with what I'm sure the 6 o'clock news would call a "deadly aresenal of mayhem and destruction" in the backseat and the officers didn't bat an eyelash.
WayneConrad
July 21, 2006, 05:39 PM
"He questioned why I was running around Houston with a holstered gun."
The answer to that question is, "Because a holstered gun is safer than an unholstered one."
:D
DoubleTapDrew
July 21, 2006, 05:58 PM
Even if you are required to inform it sounds like that is exactly what you did by handing him your DL and CHL. You don't have to interrupt him screaming "I GOT A GUN ON MY HIP AND ONE IN THE GLOVEBOX AND ANOTHER ON MY ANKLE MUUAHAHAAAA!!!" I agree with not interrupting him. Especially if you phrase it "Will you shut up for one second so I can tell you something" :p
He obviously didn't run my plates before walking up to my car because he looked supprised when he realized he was holding my CHL.
Does this info come up when running plates? The only time I've been asked if I had a gun in the car was after they run my DL (no duty to inform here although I think I'm going to anyway from now on to keep them from getting that surprise when they are back in their cruiser running it).
Henry Bowman
July 21, 2006, 06:32 PM
Does this info come up when running plates? It does in Ohio, assuming that the car is in your name.
Due to renewal convenience (before you could do in on the 'net) one vehicle is in my name alone and one is in my wife's alone. Due to some trade-ins, I now drive the one in her name and vice versa. The last time I was stopped was the first time after getting my CHL. I had woken up feeling poorly, but headed in to the office around 11:00 am.
I was not carrying that morning, but was doing 75 in a 55 zone. :uhoh: I was in the left lane and as soon as I saw the light, I started moving right across 5 lanes one at a time. He was gesturing wildly to move right - NOW! When stopped he approached form the passenger side and said, "Good morning, Mr. _____." I was surprised that he had already run my tags and assumed that I was married to the car's registrant. Maybe it gives other info associated with the same address. :confused: Don't know.
Anyway, we have the requirement to notify and, even though I wasn't carrying, I figured it wouldn't hurt. We also have to carry holstered in plain view or locked away when in a vehicle in Ohio. I had CHL (on top), DL, registration and insurance card in my hand and gave it to him right away. Before I could say anything, he asked where I was going as he looked at what I had given him. I told him. He told me my speed, asked me to slow it down, handed everything back to me and left before I could say another word. :confused: I hadn't told him whether I was carrying and he didn't see in on me in plain sight.
Who was I to complain. No harm; no foul. :cool:
M2 Carbine
July 21, 2006, 10:07 PM
Since getting my TX CHL years ago I've been stopped no less than 13 times, mostly for speeding, by about every kind of LEO in Texas.
Not once have I had the least bit of trouble. Only once did a local, running a speed trap, ask me what I was carrying and where it was. It was a Makarov and he started asking me about the gun because he was thinking about getting one.
Many times I noticed a marked change in the LEO's attitude when I hand him my CHL. It's like he's thinking, No problem this is one of the good guys.
In all those stops I have not received a single ticket (except a couple warnings).
I'm amazed at some of the stuff I read about carriers in other states being hassled by LEO and having them check or take the gun away.:eek:
Maybe the Texas LEO are so cool about concealed carry because the DPS (state troopers) run the concealed carry program.
Kowboy
July 21, 2006, 10:19 PM
All:
I was pulled over several weeks ago in Michigan. I handed him my driver's license and Concealed Pistol License and said "Sir, I am legally armed." as I'm required to do.
He asked and recieved my registration and insurance and after a brief lecture on paying attention to "No Turn On Red Sign" and running my pretty good driving record, he let me go.
Kowboy
gunsmith
July 21, 2006, 10:27 PM
I handed my ccw & DL @ the same time....& we had a nice conversation
about how messed up CA is:D
Old Dog
July 21, 2006, 11:38 PM
Perhaps I've been living in Washington (the original "shall-issue" state) too long -- and no disrespect intended --, but I simply fail to view someone's getting pulled over while carrying (legally) as any sort of signficant event.
Low-Sci
July 22, 2006, 12:34 AM
I don't think its a big deal either, but for nearly everyone here, its the most likely time that they will ever be armed while talking to a police officer. Its kinda where your lawfullness is under direct scrutiny from the person who is supposed to enforce the law. Most people here won't ever otherwise end up in that situation, so I guess its worth an occasional sidenote.
That said, even cops are stupid sometimes. Everyone has their stupid moments when they're at work.
TallPine
July 22, 2006, 09:54 AM
I simply fail to view someone's getting pulled over while carrying (legally) as any sort of signficant event.
Me neither, of course around here you can pretty much assume that most vehicles have one or more firearms in them.
AirForceShooter
July 22, 2006, 10:28 AM
He gave you the ticket??
That's usually a no no for CCW holders.
AFS
XavierBreath
July 22, 2006, 10:42 AM
Here is my take on it........The duty to inform begins when the officer announces he is on "official business". Official business is communicated when he asks for your driver's license, not when he mutters "Where's the fire buddy?" as he is walking up to your car.
Keep in mind, this is my take, and I certainly would not argue the point with the nice officer in the middle of a traffic stop. ;)
I see, however, that Ohio law does not have the "Official business" stipulation. Thus, my "take" on it is erroneous. I'll leave my take up as an example of how applying the laws of one's own state to another state can create problems. :uhoh:
Ohio's Concealed Carry Law makes it Mandatory to notify a police officer that you are carrying a concealed handgun and have a license to do so.
This law will apply to you even if you are merely a passenger in a motor vehicle. The officer may or may not ask you to produce your license and may or may not ask to take possession of your firearm for the duration of the traffic stop. The law specifically prohibits the officer from keeping your firearm if you are released.
Vital: During a traffic stop you should never make any movement that could be considered reaching for or touching your firearm. Besides the common sense reasons, if you are charged with touching your firearm at any time during a traffic stop the charges are a felony.
Sec. 2923.126.
(A) If a licensee is the driver or an occupant of a motor vehicle that is stopped as the result of a traffic stop or a stop for another law enforcement purpose and if the licensee is transporting or has a loaded handgun in the motor vehicle at that time, the licensee shall promptly inform any law enforcement officer who approaches the vehicle while stopped that the licensee has been issued a license or temporary emergency license to carry a concealed handgun and that the licensee currently possesses or has a loaded handgun; the licensee shall comply with lawful orders of a law enforcement officer given while the motor vehicle is stopped, shall remain in the motor vehicle while stopped, and shall keep the licensee's hands in plain sight while any law enforcement officer begins approaching the licensee while stopped and before the officer leaves, unless directed otherwise by a law enforcement officer; and the licensee shall not knowingly remove, attempt to remove, grasp, or hold the loaded handgun or knowingly have contact with the loaded handgun by touching it with the licensee's hands or fingers, in any manner in violation of division (E) of section 2923.16 of the Revised Code, while any law enforcement officer begins approaching the licensee while stopped and before the officer leaves. If a law enforcement officer otherwise approaches a person who has been stopped for a law enforcement purpose, if the person is a licensee, and if the licensee is carrying a concealed handgun at the time the officer approaches, the licensee shall promptly inform the officer that the licensee has been issued a license or temporary emergency license to carry a concealed handgun and that the licensee currently is carrying a concealed handgun.
Sec. 2923.126.
(A) A licensee who has been issued a license under section 2923.125 or 2923.1213 of the Revised Code may carry a concealed handgun anywhere in this state if the licensee also carries a valid license and valid identification when the licensee is in actual possession of a concealed handgun.
Lots of room for interpretation of "promptly", but during a traffic stop, promptly will become whatever the officer believes it to be.
CajunBass
July 22, 2006, 11:02 AM
IMO if you offer up your license and the officer doesn't take a hint, he deserves a ticket for stupidity.
I just handed them my D/L and my CHP. I figured they should be able to figure it out. Neither officer seemed to be the least bit interested. They handed the CHP back, and the gun was never mentioned.
DoubleTapDrew
July 22, 2006, 10:12 PM
I wish all LE officers would see the CHL as an "I'm on your side" card. Obviously anyone intent on harming the officer isn't going to first let the officer know he/she is armed.
So far my 2 experiences of being pulled over for speeding since being issued (8 years ago) were uneventful, as they should be.
spankaveli
July 22, 2006, 10:21 PM
IMO and from what understand, handing them your permit is notification. The officer might have been having a bad day.
jmcraven
July 22, 2006, 10:26 PM
I got pulled over speeding last week here in Lubbock, Texas, and the cop came to my window and asked to see my driver's license (only my DL, not insurance, which is really odd in TX). I handed him my DL, CHL & Insurance all together, and he looked at my CHL & insurance card, handed them back, and said, 'thanks, I'll be right back.' He never ran my tags, checked my inspection, or anything else. He came back had me sign the ticket, thanked me for my courtesey, and that was it.
He didn't ask if I was carrying or anything. He was totally unphased by the CHL. I wish all cops would be like that.
I WAS speeding, so I have nobody to complain about but myself as far as the ticket goes.
Kentak
July 22, 2006, 10:30 PM
Also in Ohio. My first and only stop while carrying was last summer. I already had my window down and my wallet out by the time the officer started to approach. As he did so, I said, "Hello. I have a concealed carry permit and the gun is locked in the glove box. What would you like me to do?" He didn't ask to see the permit, I guess he believed that I had one. He just told me to stay away from the glove box and went about the business of giving the citation. He was very cool about it and thanked me for informing him.
I did ask about running the plates. He said that it would have come up as an alert--just as if I was wanted. He'd have to go a couple of screens deep on his computer to find out the alert was for a CCW.
K
stellaone
July 22, 2006, 10:50 PM
A good friend of mine is a detective in one of the major cities in my area. He's been in LE for 30 years. He said that cops are often less likely to issue a speeding ticket to citizens with carry permits because it is such a hassle having them get out of the vehicle and processing the permit and weapon (I live in Florida). I have not experienced it myself, as yet.... but it was a big reason for his urging me to get a permit to carry.
Majic
July 22, 2006, 11:03 PM
What they said is ridiculous - handing them the CHL is notifying them as soon as you could and is perfectly reasonable.
You must notify them that you are armed. That piece of paper just gives you the right to carry, but doesn't say you have the firearm with you. Nothing is to be assumed. You must verbally notify the LEO that you are armed. He can't assume you know and understand your rights as he arrests you.
cyanide
July 22, 2006, 11:07 PM
I was pulled over today for speeding while carrying. The LEO was pretty cool about it. I did have one little snag with informing as required by Ohio law. The LEO started talking to me before he even got close to my car, when he reached my window I handed him my DL and CHL while he was still talking. He obviously didn't run my plates before walking up to my car because he looked supprised when he realized he was holding my CHL. When he asked me if I had the weapon in the car I said yes, locked in the glove box. He then asked me why I didn't offer that information before he had to ask. I just told him that I didn't have a chance to say anything because he was talking to me. Anyway, he checked to make sure the glove box was locked and went back to his car to write me a ticket for speeding. His buddy, still standing by my car asked me what kind of gun I had, and a few other gun related questions, overall being kind of nice. He did tell me next time I get pulled over to let them know first thing, even if I have to talk over them to tell them. Well, the other guy got out of his cruiser and had me sign the ticket and I was on my way. No problems for the most part, other than a ticket....Oh well, I knew I was speeding. I have no idea why that particular road is posted at 25 mph.
This has been happening a lot in Ohio.
I have to wonder if there is some kind of LEO push going on to cause a stir as there is a house bill to remove this requirement of motor vehicle transportation.
My buddy was stopped and he wasn't carrying.
So he said nothing about it.
Thats within Ohio law.
The trooper went ballistic and yelled at him that he needed to inform him that he is a CHL holder even if he isn't carrying ( thats wrong) and he made him "assume the position"
Makes one wonder ?
spankaveli
July 22, 2006, 11:10 PM
i'm confused about the ohio permits. you have a concealed permit but it has to stay locked away while you're in your car? how are you supposed to get to it to protect yourself if necessary?
cyanide
July 22, 2006, 11:14 PM
It is really messed up
Locked up or in a holster "in plain view"
makes a lot of concealed holsters worthless if you travel by car.
Plus to make things worse if stoped you aren't allowed to even touch the gun -- so if you pull out the holster so it can be "in plain view" you have just broke the law.
Like I said the law is screwball .
BsChoy
July 22, 2006, 11:16 PM
I am a cop in New York and as far as I know there is no rule anywhere in NY that makes notification of carrying concealed to LE on a traffic stop mandatory or compulsory. I have stopped hundereds of vehicles and not one person has ever told me this. I would however expect a full warning if the gun is in the glove box with the registration. Any way why would it be in the glovebox if you have a CC permit? It should be on your person right?
cyanide
July 22, 2006, 11:22 PM
--------------------------------------------------------------------------------
I am a cop in New York and as far as I know there is no rule anywhere in NY that makes notification of carrying concealed to LE on a traffic stop mandatory or compulsory. I have stopped hundereds of vehicles and not one person has ever told me this. I would however expect a full warning if the gun is in the glove box with the registration. Any way why would it be in the glovebox if you have a CC permit? It should be on your person right?
When Ohio went to CHL the Ohio State Patrol was dead against it.
Officer safety was their reason.
So this stupid clause was written into it so the Gov. would sign it.
After a couple years with no incidents a house bill was introduced to have CCW make a little more sense.
The republicans in the Senate will not sign it ?
Taft is a lame duck Gov. now he might sign it ......... politics .
Any it is really dumb because say I was to ride my motorcycle to be legal I would have to open carry with a CHL ?
spankaveli
July 22, 2006, 11:26 PM
so, if i understand correctly, you can have your weapon concealed but when you get in your car, it has to be locked or in plain view? :uhoh:
thank god for my car being an extension of my home in LA. :D
cyanide
July 22, 2006, 11:26 PM
yes
spankaveli
July 22, 2006, 11:27 PM
what's the difference between a cop pulling over and a cop approaching you on foot?
quite ludicrous. :uhoh:
cyanide
July 22, 2006, 11:29 PM
Same applies if contact is made with any LEO you have to inform him you are carrying. But if on foot it don't have to be in plain view.
As I am retired LEO when a buddy sees me and stops me to talk I have to tell him I am carrying or I have just broke the law.
Makes me feel stupid, but they understand I hope.
jmcraven
July 22, 2006, 11:55 PM
Ohio sounds odd.
Like Ohio, in Texas, you don't (legally) have to disclose your CHL if you aren't carrying, but our CHL is issued by the DPS (as opposed to the State Bureau of Investigation, as in many states), so when the LEO runs a check for warrants, notice will pop up that you are a CHL holder. If you haven't notified him, he will likely NOT be pleased. And to be quite honest, most CHL holders know the CHL laws better than the cops. Full disclosure is the best policy.
Also, in Texas, and I'm sure any other state, a CHL (by statute) is automatic probable cause to search your vehicle. So if you have a CHL they can really jack with you if they want to. They also have the right to take your weapon while you are stopped (and they don't have to give it back to you assembled). It all depends on the LEO.
Diomed
July 23, 2006, 01:36 AM
Also, in Texas, and I'm sure any other state, a CHL (by statute) is automatic probable cause to search your vehicle.
Say what? This is the first time I've ever seen this mentioned. Is that for real?
Ferrari308
July 23, 2006, 02:45 AM
He did tell me next time I get pulled over to let them know first thing, even if I have to talk over them to tell them.
"I've got a gun!! I've got a gun!!"
There's no way I'm yelling that out the window when a police officer pulls me over. I don't want the police officer to think it is a nut yelling something aggresive.
Kentak
July 23, 2006, 09:19 AM
About the Ohio law. We *know* it's goofy. It was a compromise to get CCW passed over the objection of our great gov. Bob Taft and the Ohio Highway Patrol. The law says that if you are CCW, the gun must be *either* carried in plain sight on your person--such as in an elastic thigh holster, *or* locked in the glove box or other secured box.
Pro CCW groups are trying to get the law modified to allow concealed carry on your person while in a car, but that is not likely to happen unless we get a governor who is willing to go against the OHP on this issue. That would be tough for any governor to do.
K
Kentak
July 23, 2006, 09:22 AM
No need to shout, "I've got a gun, etc" You adjust your attitude, greet the officer in a friendly and professional manner, and inform him/her you are a CCW permit holder and that you have a weapon and its location. Then ask how he/she would like you to proceed.
Simple.
K
JR719
July 23, 2006, 09:50 AM
I've stopped many people that have CC. So long as they don't want to show it off, I don't really care they have a weapon.
The only downside to stopping someone that has a weapon, is when signing time begins. You never know when someone will get angry about a ticket, if they are a "hot head" and armed...
I have found that holders of the permit are mainly respectful and the stop uneventful. I don't know if they are worried about having the weapon (who cares, they are legal) or if it's luck of the draw getting a calm person.
If a bolo was out and you and your vehicle matched a description, the weapon would be taken away until it is determined you are not who is being looked for.
Hoppy590
July 23, 2006, 11:02 AM
I did ask about running the plates. He said that it would have come up as an alert--just as if I was wanted. He'd have to go a couple of screens deep on his computer to find out the alert was for a CCW.
so recieving extra scruitiny because your black is "profiling and racist" ( im definatyl not saying it isnt racist.) but having the same warning on a police computor for a CCW holder as a wanted felon is "keeping the community safe"
makes me sick... actualy thats the eggs i had for breakfast... ugh.
jmcraven
July 23, 2006, 01:12 PM
Quote:
Also, in Texas, and I'm sure any other state, a CHL (by statute) is automatic probable cause to search your vehicle.
Say what? This is the first time I've ever seen this mentioned. Is that for real?
This is what we were told in our CHL class. I guess I should probably double check on that, but I was in law scool at the time, and that really stuck in my head.
Kentak
July 23, 2006, 02:07 PM
Hoppy--
To be fair, I don't remember exactly how he described it to me. Perhaps it's as simple as saying the plates come back flagged when run. That might mean wanted, or expired license, or CCW. It just means the officer has to dig deeper on his computer to find the exact reason for the flag. With different software, maybe that information could come up immediately, which would be a better system IMO.
K
cyanide
July 23, 2006, 02:12 PM
In Ohio it pops up alert
the officer / dispatcher must check to see if it is a warrant or CHL notification.
cyanide
July 23, 2006, 02:14 PM
The Ohio State Patrol predicted death and wide spread carnage when its citizens were allowed ccw.
Since it has been in effect not a ripple.
Time for the change to make CCW in a motor vehicle easier .
CAPTAIN MIKE
July 23, 2006, 04:34 PM
You did fine. You were polite, and the other officer obviously was more attuned to having more than one-way interaction. Good for you. The more positive encounters that officers have with CCW permit holders, the better.
Mannlicher
July 23, 2006, 05:18 PM
The attitude displayed by the cop is just another reason to dislike them.
carebear
July 23, 2006, 06:13 PM
CHL isn't PC to search by statute in Alaska.
tecdv
July 23, 2006, 10:18 PM
i'm confused about the ohio permits. you have a concealed permit but it has to stay locked away while you're in your car? how are you supposed to get to it to protect yourself if necessary?
It doesn't have to be locked up if it's in a holster and on your person.
I only had it locked up in the glove box because I can't carry at work, and was just going up the road for a pack of smokes on a break. I was in a hurry and didn't take the time to unlock it and put it on my belt for such a short trip and have to take it right back off. If it was up to me I'd never take it off.
FreedomKommando
July 23, 2006, 11:58 PM
Also, in Texas, and I'm sure any other state, a CHL (by statute) is automatic probable cause to search your vehicle.
I don't think that is correct. I've read the statutes on Texas concealed carry and can't find anything to indicate that CHL gives the officer PC. If anyone would know, the guys at Texas State Rifle Association would. http://www.tsra.com/?p=page&id=1
Speaking of stop and seizure law in Texas, the courts ruled a couple of years ago that the police may legally arrest and book you for even class C misdemeanors. Arresting the driver and having the vehicle towed means the officer would get to conduct a search incident to the impounding of the vehicle. This raises the question as to whether any search in Texas is really voluntary.
Let's say that you get pulled over for speeding or not wearing your seat belt. Office asks you whether you mind if he searches your car. If you say that you mind, then he can arrest you for the speeding or seat belt, then search your car anyway.
I don't begrudge good officers for doing the job that we hire them to do, but I think that courts got it wrong, and hope that our representatives amend the laws to prevent the threat of being dragged down to jail on a class C.
XavierBreath
July 24, 2006, 06:40 AM
Also, in Texas, and I'm sure any other state, a CHL (by statute) is automatic probable cause to search your vehicle.This assumption happens to be very false. I cannot speak for other states without research, but I can say in Louisiana this is patently untrue.
Texas law that may be relevant:
TGC 411.205:
If you are asked by a law enforcement officer to show ID (as in a traffic stop), you are REQUIRED to volunteer that fact you are armed by showing your CHL along with driver's license. When they run your DL, it will show if you have a [B]Texas Resident CHL, so they WILL find out. DPS says the first time you fail to show a CHL, you license 'may' be suspended for 90 days, the second time, 3 years and the third time it may be revoked. (I do not think they are enforcing this rigorously.) The third time 'might' be a Class B misdemeanor but the 2nd time would not. A Class B would result in an automatic revocation which costs your CHL for 5 years.
§46.15 NONAPPLICABILITY.
(a) Sections 46.02 and § 46.03 do not apply to: (3) People traveling;
§46.15 (i)
(i) For purposes of Subsection (b)(3), a person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.
§46.15 NONAPPLICABILITY.
(a) Sections 46.02 and § 46.03 do not apply to: (3) People traveling;
§46.15 (i)
(i) For purposes of Subsection (b)(3), a person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.
Source (http://www.packing.org/state/texas/#statecar_law)
unspellable
July 24, 2006, 02:22 PM
I can't say I was stopped as I was parked at the side of the road when a state trooper pulled up behind me to see what was going on.
I spent half an hour sitting in the patrol car while he was checking me out. Long converstaions on both his radio and his cell phone while he was standing behind the patrol car.
Then he sent me on my way. But I got to wondering later, what's the point of the CWP? if they are going to do a complete background check why bother with the CWP? I thought the point of it was to show that all that back ground checking had already been done.
Valkman
July 24, 2006, 02:43 PM
Here they will disarm you and check the serial # of the gun against what's on the permit. We don't have to inform them here but it does come up when they check.
tecdv
July 24, 2006, 05:11 PM
Here they will disarm you and check the serial # of the gun against what's on the permit.
In Ohio our guns are not linked to our permit. We don't have to tell them what gun we have at all to get our permits. The city of Dayton does have a gun owner registration I beleive. Not sure if it's gun specific or just that you own one, but I don't live in the city so I don't have to worry about it anyway.
OldSchooler
July 24, 2006, 05:29 PM
Every LEO here will tell you that the random traffic stop is one of the most potentially dangerous situations they face. I dont see the need to exacerbate the problem by shoutintg, " I'm packing heat," or some other equally disturbing announcement to that effect.
It's knee jerk BS on the part of legislators that makes it a requirement, anyway. Part of their "Mommy, May I?" mentality. Of course, being a good law-abider, you are going top tell him and rightly so. Discretion was the better part of valor in this case.
saltforkgunman
July 24, 2006, 08:47 PM
This happened right here in Oklahoma.An OKC suburb.
http://www.keepandbeararms.com/information/XcIBViewItem.asp?id=3571
:cuss:
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