Legal help, texas law, Leo/former Leo welcome
DeathByCactus
September 9, 2008, 10:00 PM
First off, hello I am new here.
I recently took my CHL class and there were many questions that I asked. Well I just thought of something a minute ago that I am not sure what to do about.
Lets say I am with a buddy, he is driving, it is his vehicle. He gets pulled over, for whatever reason, but lets say speeding or running a "yellow light" which is prevalent here in Houston as the lights are quirky.
When the officer comes to the window and asks him for license and registration, what is my obligation at that point? Do I note to him that I am a CHL and that I am carrying, what would you like to do officer?
Reason why I ask is because he has a small record, nothing serious, but I think he has a DUI and a Marijuana possession charge that has led him to being searched before.
What would former or current Leo's on the forum feel comfortable with me doing and is it the same consequences as failing to notify if I were driving?
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Dr. Fresh
September 9, 2008, 10:49 PM
In Texas you have to present the CHL when an LEO asks for ID.
wingman
September 9, 2008, 11:04 PM
Reason why I ask is because he has a small record, nothing serious, but I think he has a DUI and a Marijuana possession charge that has led him to being searched before.
Not to be rude but I would suggest you seek out a new friend. I believe
anytime you interact with an officer in Texas your required to show CHL.
DeathByCactus
September 9, 2008, 11:14 PM
Alright. Thanks
As for seeking a new friend. I have few close friends. The few that I have, him included, have and would again throw down and come to my aid, regardless of the conditions. Not to mention he's just been there for me through thick and thin. That isn't an option.
However, if you are referencing to the fact that because he has a possession charge, he might get another one with me around... I understand your concern, but I assure you that is not an issue.
Thanks for your input guys, I just wanted to make sure :).
Jax
September 10, 2008, 02:39 AM
Here's the actual law, which should have been covered in your class:
GC §411.205.
DISPLAYING LICENSE; PENALTY.
(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. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.
Here's the broken down version:
1) If you are carrying, and
2) a magistrate or LEO demands you show him your ID, then
3) you must show him both your ID and your CHL -(I just hand him both)
You are not required to say anything at all by the law - you just need to display the CHL along with the DL. He'll figure it out from there and will let you know how he wants you to proceed.
You do not need to inform or present CHL if you are jawbon'n with a LEO who happens to be behind you in the WalMart shopping line.
TexasRifleman
September 10, 2008, 09:49 AM
When the officer comes to the window and asks him for license and registration, what is my obligation at that point? Do I note to him that I am a CHL and that I am carrying, what would you like to do officer?
That's pretty much it, you have to inform and show ID if YOU are asked by LE to identify yourself. If you sit there quietly and the cop doesn't ask you for your ID you're good.
Now, whether or not it's a good idea seeing as how your friend may come back positive on a wants and warrants check you might rethink it.
bdickens
September 10, 2008, 12:53 PM
All this should have been made clear in the CHL class.
TexasRifleman
September 10, 2008, 12:57 PM
All this should have been made clear in the CHL class.
I don't think I'd expect that class to answer every possible scenario you can come up with. It was pretty much worthless from a legal standpoint in the last couple I took.... pay a guy to read me the power point slides? Hardly a law class.
Nothing wrong with asking for clarification.
HKUSP45C
September 10, 2008, 01:13 PM
anytime you interact with an officer in Texas your required to show CHL.
You know, before giving advice on the finer points of law, it would be really helpful if you'd disclose to the person asking that you're only guessing and really have no idea what the law actually says.
Please stop disseminating misinformation.
Art Eatman
September 10, 2008, 01:36 PM
HKUSP45C, let's not get too nit-picky. If an LEO asks for ID, the CHL AND the DL must be shown. (I'd bet that if you're not in a car, and all you pull out is the CHL, you'd satisfy the requirement of the law as to state-issue photo ID.)
You don't have to be toting; showing the CHL is just part of the CHL deal.
If he doesn't ask for ID, nobody needs to do nuttin'.
TexasRifleman
September 10, 2008, 01:40 PM
You only have to display a CHL permit if you are carrying a gun.
Texas GC 411.205:
(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. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.
HKUSP45C
September 10, 2008, 01:58 PM
HKUSP45C, let's not get too nit-picky. If an LEO asks for ID, the CHL AND the DL must be shown.
Only if you're carrying a gun.
Not to put too fine a point on it Art but not being nit-picky when it comes to giving incorrect information to a poster asking about a particular law could get the asker in a good deal of dutch. I simply asked the poster to inform the people reading his post that he was guessing and didn't know what the law actually said.
See:
anytime you interact with an officer in Texas your required to show CHL.
Is factually incorrect but is put forth here as being the truth.
In this circumstance it would be erring to the side of caution but what about the next "guess" the poster makes?
You don't have to be toting; showing the CHL is just part of the CHL deal.
If I'm not toting I'm under no obligation, legal or moral, to show my CHL or even bring up the fact that I have one.
And, contrary to wingman's assertion I can interact with a LEO all day long while wearing a gun and even answer questions pertaining to legal matters and even voluntarily be questioned about a recent crime and my possible involvement all without showing a CHL as long as he or she doesn't "demand" to see my ID.
If he doesn't ask for ID, nobody needs to do nuttin'.
Is true whether or not I'm packing a gun.
I'm not trying to be abrasive, just trying to keep the facts separate from the guesses.
bdickens
September 10, 2008, 03:35 PM
Like I said....
Art Eatman
September 10, 2008, 07:37 PM
I'd have to go to the latest copy of the rules, and I may well be behind the curve, but when they first started the CHL deal, a driver had to show the CHL whether or not the pistol was in the car.
Same for on-the-street if asked for ID. Sure, if you're not asked, you don't have to show the CHL--or any other ID. But, I've never been asked.
I grant I never have worried about it. Showing the CHL just tells the LEO you're a good guy, and sometimes it leads to no ticket when one was deserved. Even worked that way in Georgia, one time. :)
Going back to the question in the opening post, me, I'd just keep my fat mouth shut until spoken to. Nod politely, but stay zipped up. If asked for ID, trot out DL & CHL--and say as little as possible, but politely. What I'm not gonna do is talk my way into a problem.
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