boredelmo
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whats the difference between having a handgun and a pistol/shotgun?
Declaring you are armed when stopped for traffic violation?
- Thread starter boredelmo
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Did you mean to say, "whats the difference between having a handgun and a rifle/shotgun"? In Texas, the laws are much stricter for handguns than they are for rifles or shotguns.
I have heard it has to do with the wording of the Texas Constitution: "Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime".
The idea being that rifles and shotguns aren't worn, they are carried, which limits the legislature's authority over them.
Sniper X
Member
I got pulled over in Sweetwater by a Texas state Mounty. I live in NM. I have a NM CCW. I was puled over for 5mph over in a 60mph zone...should tell you that Tx wants to generate some revinue! Anyway, I was packing, my Springfeild Champion. He asked if I knew why I was pulled over, I did not since my speedometer said 62 or so in a 60.
He saw my empty holster, I had the gun in the center colsole for comforts sake! He saw the holster and asked "the question"
Sir, do you have any firearms or other weapons in the car I should know about?
I said I have a gun in the center console, and a knife in my pocket.
He asked the "second question" Can I have the gun for my safety and yours?
I don;t see how me surrendering my CCW carry peice has anything to do with "MY" safety!
I gave him the gun and he walked away to call in the serial numbers and my license.
He came back and told me about the Texas Gun Laws and how they changed when they (Tx) adopted CCW. He said you could no longer do open carry and could only carry conceiled if you had a CCW and let me know mine was good in Texas. He gave my gun back and asked if it was a .45 and I said yes, he said Nice gun! and walkd away after handing me a citation for no proof of insurance since I had goofed and put the old POI in the glove box and appearently thrown the new one away thinking I was doing the oppisite.
I allways hate the thing about a LEO disarming a CCW person saying it is for "my protection and yours"
Oh and here in NM it is a state of non disclosure so unless an officer asks you don;t have to volenteer you are CCW and packing!
He saw my empty holster, I had the gun in the center colsole for comforts sake! He saw the holster and asked "the question"
Sir, do you have any firearms or other weapons in the car I should know about?
I said I have a gun in the center console, and a knife in my pocket.
He asked the "second question" Can I have the gun for my safety and yours?
I don;t see how me surrendering my CCW carry peice has anything to do with "MY" safety!
I gave him the gun and he walked away to call in the serial numbers and my license.
He came back and told me about the Texas Gun Laws and how they changed when they (Tx) adopted CCW. He said you could no longer do open carry and could only carry conceiled if you had a CCW and let me know mine was good in Texas. He gave my gun back and asked if it was a .45 and I said yes, he said Nice gun! and walkd away after handing me a citation for no proof of insurance since I had goofed and put the old POI in the glove box and appearently thrown the new one away thinking I was doing the oppisite.
I allways hate the thing about a LEO disarming a CCW person saying it is for "my protection and yours"
Oh and here in NM it is a state of non disclosure so unless an officer asks you don;t have to volenteer you are CCW and packing!
yongxingfreesty
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not worth prison time for me. get a shotgun/rifle
Nicky Santoro
Member
Declaring you are armed when stopped for traffic violation?
For purposes of discussion, and since a CCW is virtually impossible to obtain here in Nazi Jersey, why would you tell some cop there is a gun under the driver's seat? He can't search without a warrant or consent no matter what some of the apologists on this board think or would wish.
For purposes of discussion, and since a CCW is virtually impossible to obtain here in Nazi Jersey, why would you tell some cop there is a gun under the driver's seat? He can't search without a warrant or consent no matter what some of the apologists on this board think or would wish.
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cane, he's much safer getting gas between Austin and Houston. The gas stations in those towns, especially Houston, are a meeting place for hoodlums.
"If the cop asks if there are weapons in the car, answer honestly and do as instructed."
Why, so he can throw your ass in prison? Police generally do not do you any favors when you're being honest.
But any, I think legally the OP would be better off with a shotgun. Maybe not as easy to get into action if needed but a hell of a lot easier to defend legally. The OP is risking a UCW charge.
"If the cop asks if there are weapons in the car, answer honestly and do as instructed."
Why, so he can throw your ass in prison? Police generally do not do you any favors when you're being honest.
But any, I think legally the OP would be better off with a shotgun. Maybe not as easy to get into action if needed but a hell of a lot easier to defend legally. The OP is risking a UCW charge.
boredelmo
member
Yes i did mean rifle.
Also, does a pistol grip shotgun make it somewhat not so safe? Because i have heard (dunno if its true) that Academy will sell you a shotgun but they wont sell you a pistol grip if youre under 21. Not sure on that one.
I dont mind having my Winchester 1200 instead. I love that speed slide!
Also, does a pistol grip shotgun make it somewhat not so safe? Because i have heard (dunno if its true) that Academy will sell you a shotgun but they wont sell you a pistol grip if youre under 21. Not sure on that one.
I dont mind having my Winchester 1200 instead. I love that speed slide!
USMCRotrHed
Member
I've been pulled over a couple of times since I got my CCL.
In OK you are only required to inform law enforcement if they approach you.
Here's my procedure:
After I pull over I immediately secure my firearm in the glovebox and get out my information before the officer gets to my window. I put my hands on top of the steering wheel. When he asks for my info, I hand him everything with the CCL on top. He asks if I am carrying and where it is. I tell him. This is where I either get to leave, or get a warning (no tickets since CCL). Once a discussion of S&W 642s followed. Turns out, my carry carry piece is the same as his BUG.
In OK you are only required to inform law enforcement if they approach you.
Here's my procedure:
After I pull over I immediately secure my firearm in the glovebox and get out my information before the officer gets to my window. I put my hands on top of the steering wheel. When he asks for my info, I hand him everything with the CCL on top. He asks if I am carrying and where it is. I tell him. This is where I either get to leave, or get a warning (no tickets since CCL). Once a discussion of S&W 642s followed. Turns out, my carry carry piece is the same as his BUG.
boredelmo
member
Woah woah, so you actually pick up your gun and move it around before you show him an identification? If i were in the cops shoes and saw you with a gun in your hand whether you are putting it in the glove box or not, id be mighty nervous!
Hm, anyone have any input on the pistol gripped shotgun vs full stock?
Hm, anyone have any input on the pistol gripped shotgun vs full stock?
Frog48
Member
In Texas, you're only required to inform the officer that you're armed if you're a CHL holder. The law makes no mention of unlicensed conceiled carry.
So... if you decide that you *must* carry without a CHL, keep your mouth shut and dont volunteer any info. The TX laws concerning unlicensed conceiled carry in a motor vehicle/"traveling" is still a murky area, so its best not to give up any info that can be used against you.
A shotgun might be a better choice for vehicle carry, as people generally view grandpa's old Remington 870 as less threatening.
So... if you decide that you *must* carry without a CHL, keep your mouth shut and dont volunteer any info. The TX laws concerning unlicensed conceiled carry in a motor vehicle/"traveling" is still a murky area, so its best not to give up any info that can be used against you.
A shotgun might be a better choice for vehicle carry, as people generally view grandpa's old Remington 870 as less threatening.
Sniper X
Member
Grant,
Shotgun in car, if it were my shotgun would either get SWAT called or strike up a great gun talk with an officer. It is an H&K M1 Super 90 with Surefire forend, side saddle, pistol grip shoulder stock, and ghost rings....looks menacing to all who see it. I swear, still to this day that thing gets more WOW's! more than even my totally tricked out Bushmaster M4 that is also all tricked out!
Shotgun in car, if it were my shotgun would either get SWAT called or strike up a great gun talk with an officer. It is an H&K M1 Super 90 with Surefire forend, side saddle, pistol grip shoulder stock, and ghost rings....looks menacing to all who see it. I swear, still to this day that thing gets more WOW's! more than even my totally tricked out Bushmaster M4 that is also all tricked out!
MN
In MN, the carry permit will show when the officer runs your DL anyway. I usually mention the permit and that I am carrying - I simply think it is prudent. A traffic stop is a high stress scenario for a LEO. They are walking up to a vehicle that could contain a soccer mom or a guy with a slew of felony warrants and a taste for meth who has vowed that "he won't be taken alive." Countless LEO have lost their lives when making routine traffic stops.
So, I don't want to do anything to cause anymore excitement, like the officer catches a glimpse of a weapon I did not mention.
For example, a number of years ago, before MN was "shall issue", I got stopped on the interstate, by an officer that did not know me. He asked for DL and I told him:
it was in the center console
in the wallet was my DL and a valid carry permit
also in the console was a compact .45
In MN, the carry permit will show when the officer runs your DL anyway. I usually mention the permit and that I am carrying - I simply think it is prudent. A traffic stop is a high stress scenario for a LEO. They are walking up to a vehicle that could contain a soccer mom or a guy with a slew of felony warrants and a taste for meth who has vowed that "he won't be taken alive." Countless LEO have lost their lives when making routine traffic stops.
So, I don't want to do anything to cause anymore excitement, like the officer catches a glimpse of a weapon I did not mention.
For example, a number of years ago, before MN was "shall issue", I got stopped on the interstate, by an officer that did not know me. He asked for DL and I told him:
it was in the center console
in the wallet was my DL and a valid carry permit
also in the console was a compact .45
I knew neither of us wanted any more excitement than a routine speed stop
He told me to carefully open the console and when I did, first thing you could see was the grip of the .45. He laughed and said, yeah, if you had just yanked that open without telling me about it, I would have been excited. He just had me shut the console, checked my DL and permit, sent me along with a speed warning.
I have never had a problem or been asked to turn a weapon over for anyone's safety.
I don't understand why you're getting stopped for a traffic violation in the first place. Are you unable or unwilling to obey the traffic laws? If you're not observant enough to see something the size of a police car, maybe you're not observant enough to be armed, either.
boredelmo
member
Are you being serious? You've never gotten a citation in your life? You condemn all those who have gotten one and question their ability to own firearms?
You'd do well in the California gov.
You'd do well in the California gov.
Deavis
Member
Things happen beyond your control sometimes. I ride a bike with modified gearing and a yellow box to compensate for that. If you don't know what a yellow box is, it is a small box with some DIP switches that remove or add pulses to the ECU's front sprocket signal to get your speed correct. I had my Kel-Tec 9mm in the "trunk" and my 32 in my pocket. Driving back from Houston I hit some bumps in the never ending construction, 9mm's pinky extension knocked the DIP switches around. Never happened in 2 years, I have it strapped down, but this time it popped out. I couldn't remember what the order was, so now my speedometer was reading, oh 90 or so just rolling less than 40mph. So, I timed some mile markers, did some math, and came up with a speed that should have been ~70mph. According to DPS, I was off by 12mph. I told him the mile markers must be off
Once I explained the situation, he BS'd with me for a little while about why I was riding in such cold weather (picking up an engagement ring from Houston), asked me to show him the yellow box, explained there was a gun in there again, he said, "no problem," I showed him, he told me to fix it when I got home, slow down slighty, and I was on my way.
The only time I was worried was when he stepped in an ant pile, I told him, and he jumped back hollering. I was a little worried that his partner might get a bit ansy since he couldn't see me very well and his partner was suddenly jumping around.
It isn't always intentional that you get pulled over.
Prince Yamato
Member
I'd just tell the cop. Put yourself in his shoes. Why play monkey-games with the law?
Spreadfire Arms
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Grant48 wrote:
well, that's one way to do it. remember though that the Travelling "definition" is that, only a "definition." it is basically a defense to prosecution. so if you want to split hairs on Texas law, the police can still arrest you for UCW regardless of the travelling "definition." then, your gun will be confiscated, your car towed away, and you will spend the night in jail, if the officer thinks you're playing games with him since you didn't say you had a gun and if somehow he found it. yeah, you'll probably beat the UCW charge, but you'll be put in jail, have to pay to get your vehicle out of hock, and be inconvenienced because you have to get your gun back from the police station (some places are M-F 9 to 5 to get your property back, so if you got arrested on Friday night, you wont get your gun back till the earliest Monday morning).
yes, the officer can arrest you regardless, whether you tell him or not. however, im not so sure that in every case i would not inform the officer that i was carrying without a CHL.
i think it is fairly standard policy for all cops to ask if you have weapons in the car. i think Grant is saying not to offer up any information, but if asked, then go with the program.
remember, you can be arrested in Texas for anything except speeding and open container.
well, that's one way to do it. remember though that the Travelling "definition" is that, only a "definition." it is basically a defense to prosecution. so if you want to split hairs on Texas law, the police can still arrest you for UCW regardless of the travelling "definition." then, your gun will be confiscated, your car towed away, and you will spend the night in jail, if the officer thinks you're playing games with him since you didn't say you had a gun and if somehow he found it. yeah, you'll probably beat the UCW charge, but you'll be put in jail, have to pay to get your vehicle out of hock, and be inconvenienced because you have to get your gun back from the police station (some places are M-F 9 to 5 to get your property back, so if you got arrested on Friday night, you wont get your gun back till the earliest Monday morning).
yes, the officer can arrest you regardless, whether you tell him or not. however, im not so sure that in every case i would not inform the officer that i was carrying without a CHL.
i think it is fairly standard policy for all cops to ask if you have weapons in the car. i think Grant is saying not to offer up any information, but if asked, then go with the program.
remember, you can be arrested in Texas for anything except speeding and open container.
cowboybobb693
Member
you're 18 yrs old and CCW'ing??? I BELIEVE that you must be 21 in Texas to legally CCW WITH a CHL, could be wrong,that's been known to happen
ronto
Member
In Arkansas it's not required to declare. When the LEO runs your plates and DL in pops up that you are a CHL holder anyway. However, I was told by my CHL instructor who is a retired LEO that it's better to declare inorder to eliminate any "misunderstandings" during the stop.
Frog48
Member
Thats exactly my point... Thats why I pointed out that its a murky area, as it can (and IS) interpreted differently by different LE agencies and DA's.
crowbuster77
Member
sniperx, my safety and yours is so he doesn't shoot you thinking you are gonna shoot him, understandable.
r.h. lee, maybe you have a headlight out, a tail light out, a tag light out, a low tire the officer noticed, you swerved while reaching for a bag of chips, don't have to be a felon to get pulled over.
r.h. lee, maybe you have a headlight out, a tail light out, a tag light out, a low tire the officer noticed, you swerved while reaching for a bag of chips, don't have to be a felon to get pulled over.
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