Traffic Stop Experience
- Thread starter insman1132
- Start date
That is correct, but if it's a handgun it MUST be concealed in TX.
In TX, if you have a CHL you must notify the officer.
That's a good way to handle it because that's actually what the law requires. Basically TX law says that if he asks for identification you must provide your CHL (if you're carrying) along with whatever identification he requested.
If you do NOT have a CHL you are not required to notify the officer you are carrying. Yes, I know that's stupid. It doesn't have to make sense--it's just the way the law reads.
Kjackson35
New member
Long story...
Alright, so I've had my CWL for about a year now and just recently got pulled over for supposedly running a stop light. It was a yellow all the way through but still one of those way too close a call for comfort things. I had just left IHOP at 2 in the morning, Officer probably thought I was drunk and was gonna get me.
Well he does a U turn, lights me up, and has me pulled over in no time. I have my CWL, DL, and insurance in hand by the time he has made it to my window. I have one hand on the wheel, the other holding all my info out the window as we begin to not so calmly argue (I was calm, he not so much) about whether I ran the light or not. He has been laying into me for at least 60 seconds and still hasn't looked at what I'm holding in my hand (CWL on top). Finally, he looks down at my CWL and goes "Oh... Do you have your weapon on you?" I say yes sir. His mood immediately shifts from griping me out to what kind of Glock I carry and what ammunition I prefer!!! I thought that was pretty neat. After chit chatting for about 5 minutes he says that he should probably go. Didn't say one more thing about why he even pulled me over in the first place.
Alright, so I've had my CWL for about a year now and just recently got pulled over for supposedly running a stop light. It was a yellow all the way through but still one of those way too close a call for comfort things. I had just left IHOP at 2 in the morning, Officer probably thought I was drunk and was gonna get me.
Well he does a U turn, lights me up, and has me pulled over in no time. I have my CWL, DL, and insurance in hand by the time he has made it to my window. I have one hand on the wheel, the other holding all my info out the window as we begin to not so calmly argue (I was calm, he not so much) about whether I ran the light or not. He has been laying into me for at least 60 seconds and still hasn't looked at what I'm holding in my hand (CWL on top). Finally, he looks down at my CWL and goes "Oh... Do you have your weapon on you?" I say yes sir. His mood immediately shifts from griping me out to what kind of Glock I carry and what ammunition I prefer!!! I thought that was pretty neat. After chit chatting for about 5 minutes he says that he should probably go. Didn't say one more thing about why he even pulled me over in the first place.JohnKSa,
I thought that the law had changed in regards to displaying/telling them about your CHL? Not that I wouldn't but the House Bill stated something to the affect of not being penalized for not displaying your CHL with your ID on a traffic stop. Am I misunderstanding this? I'm also kind of iffy on the car carry without having received my physical carry license. One peace officer explained that it needed to be out of reach, which I thought was weird but is it me not understanding the law correctly, or potentially the officer being misinformed? Thanks for any light shedding you might be able to help me with.
I thought that the law had changed in regards to displaying/telling them about your CHL? Not that I wouldn't but the House Bill stated something to the affect of not being penalized for not displaying your CHL with your ID on a traffic stop. Am I misunderstanding this? I'm also kind of iffy on the car carry without having received my physical carry license. One peace officer explained that it needed to be out of reach, which I thought was weird but is it me not understanding the law correctly, or potentially the officer being misinformed? Thanks for any light shedding you might be able to help me with.
Zombie237,
"A person commits an offense of unlawfully carrying a
weapon if the person intentionally, knowingly, or recklessly
carries a handgun on or about his or her person unless the
person is on one’s own premise or premises under the person’s
control or inside of or directly en route to a motor vehicle
that is owned by the person or under the person’s control.
It is unlawful to intentionally, knowingly or recklessly carry
on or about one’s person a handgun in a motor vehicle if the
handgun is in plain view or the person is engaged in criminal
activity (other than a misdemeanor traffic violation), prohibited
by law from possessing a firearm or is a member of a street
gang."
http://www.nraila.org/statelawpdfs/TXSL.pdf
No where in the law does it say it must be out of reach, only that it must be concealed...assuming you're not in some kind of street gang or engaging in illegal activity.
"A person commits an offense of unlawfully carrying a
weapon if the person intentionally, knowingly, or recklessly
carries a handgun on or about his or her person unless the
person is on one’s own premise or premises under the person’s
control or inside of or directly en route to a motor vehicle
that is owned by the person or under the person’s control.
It is unlawful to intentionally, knowingly or recklessly carry
on or about one’s person a handgun in a motor vehicle if the
handgun is in plain view or the person is engaged in criminal
activity (other than a misdemeanor traffic violation), prohibited
by law from possessing a firearm or is a member of a street
gang."
http://www.nraila.org/statelawpdfs/TXSL.pdf
No where in the law does it say it must be out of reach, only that it must be concealed...assuming you're not in some kind of street gang or engaging in illegal activity.
As spacecoast said, you believe wrong. Other states may have this, but you have no requirement, duty, or anything else to let them know. (In FL)insman1132 said:
This also is not true for Florida. Neither sheriffs, local police, FDOT, nor FHP can find that information purely by a license plate. (in FL)Sarge said:
Last edited:
spacecoast
New member
Good point, and thanks for clarifying that.
Elway, much appreciated insight and point of view. I'm only assuming now that a few LEO's may not have an understanding of the law or misunderstood to a point how the law was worded. There may also be wordings that are misunderstood on my part so I figure, if ever in question, better to tell them and go from there to see how they interpreted the law and where you should proceed from there.
zombie237,
There was an attempt to drop the notification requirement from the law, but I don't believe that bill was passed.
Here's the text of the law. As far as I can tell this is the current law--that is the TX online statutes have been updated with all of the changes from the last legislative session.
If you are legally carrying in TX in your car without a license I would not volunteer that information. Since it will be concealed (as it must be legally) the topic shouldn't come up. You're not breaking any law and volunteering the information could result in some hassle for you if you encounter an LEO who is unfamiliar with the new law.
There was an attempt to drop the notification requirement from the law, but I don't believe that bill was passed.
Here's the text of the law. As far as I can tell this is the current law--that is the TX online statutes have been updated with all of the changes from the last legislative session.
Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. 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.
If you are legally carrying in TX in your car without a license I would not volunteer that information. Since it will be concealed (as it must be legally) the topic shouldn't come up. You're not breaking any law and volunteering the information could result in some hassle for you if you encounter an LEO who is unfamiliar with the new law.
bamaranger
New member
Sorry to say
Its been my observation that most LE Academies and organizations teach /train/operate that ANY armed subject is a threat, or at least a very potential threat. That is the mindset that a new officer hits the street with. The trust no one, handcuff everbody mind set is taught, reinforced and pretty normal. Experience and common sense hopefully will factor in fairly quickly.
Since concealed carry is so common now, somebody could make a bundle, developing LEO training that deals with contacting a legally armed subject, be it a hunter or a CCW holder.
I have been a part of several instances (usually complaints or boards of review) where a new officer, contacts a legally armed subject (hunter or CCW) and handles the entire episode like the subject was an armed felon. Reason: training and inexperience.
Its been my observation that most LE Academies and organizations teach /train/operate that ANY armed subject is a threat, or at least a very potential threat. That is the mindset that a new officer hits the street with. The trust no one, handcuff everbody mind set is taught, reinforced and pretty normal. Experience and common sense hopefully will factor in fairly quickly.
Since concealed carry is so common now, somebody could make a bundle, developing LEO training that deals with contacting a legally armed subject, be it a hunter or a CCW holder.
I have been a part of several instances (usually complaints or boards of review) where a new officer, contacts a legally armed subject (hunter or CCW) and handles the entire episode like the subject was an armed felon. Reason: training and inexperience.
I was pulled over a few months ago for speeding by a Ft. Worth cop. It was about 2230 on a Friday night I was on my way to work. he passed me going the opposite direction on a 3 lane divided road (where the speed limit was 45??) he turned around and pulled me over, then shined a very very bright light right in my side mirror, which just about gave me a headache!
I was pretty sure I was going to get a ticket at this time. 2 of my 3 brakelights were not working, my inspection was out (inspection out because brakelights were not working because I was waiting on the dodge house to fix it under warranty) and then to top it all off, I couldnt find my insurance card. I thought for sure I was done for.
He walked up and I gave him my DL and CHL and told him I couldnt find my insurance card. He asked where my pistol was and I informed him it was under the center console. He asked me how fast I was going and all that and told me I was going 58 in a 45, oops. When he got back from checking my license he just told me to slow down and that was it. I was quite suprised.
It's possible he just won the lottery and was in a really good mood, but I think its because I had a CHL. It's nice to get a break every once and a while.
I was pretty sure I was going to get a ticket at this time. 2 of my 3 brakelights were not working, my inspection was out (inspection out because brakelights were not working because I was waiting on the dodge house to fix it under warranty) and then to top it all off, I couldnt find my insurance card. I thought for sure I was done for.
He walked up and I gave him my DL and CHL and told him I couldnt find my insurance card. He asked where my pistol was and I informed him it was under the center console. He asked me how fast I was going and all that and told me I was going 58 in a 45, oops. When he got back from checking my license he just told me to slow down and that was it. I was quite suprised.
It's possible he just won the lottery and was in a really good mood, but I think its because I had a CHL. It's nice to get a break every once and a while.
skydiver3346
New member
On being stopped:
Yep, and being nice to the officer doesn't hurt you either. They got a job to do and you got to appreciate that. I wised off to a trooper one time (a very long time ago) and that was stupid for sure. I was young/ignorant and it cost me a big ticket. Ever since then I am always polite and respectful and it usually pays off in the long run. Plus I don't speed anymore as I am getting older I guess.
Yep, and being nice to the officer doesn't hurt you either. They got a job to do and you got to appreciate that. I wised off to a trooper one time (a very long time ago) and that was stupid for sure. I was young/ignorant and it cost me a big ticket. Ever since then I am always polite and respectful and it usually pays off in the long run. Plus I don't speed anymore as I am getting older I guess.
Flapjack23
New member
MI
Got in an accident, kid listening to his radio too loud rear ended my while I was stopped at a stop sign. Police showed up, I gave him my DL, Reg, Ins, and CPL (on top) and said "I'm armed". He looked at CPL, looked at me, handed me CPL back and wrote the kid a ticket. Never even cared I was armed.
Andy
Got in an accident, kid listening to his radio too loud rear ended my while I was stopped at a stop sign. Police showed up, I gave him my DL, Reg, Ins, and CPL (on top) and said "I'm armed". He looked at CPL, looked at me, handed me CPL back and wrote the kid a ticket. Never even cared I was armed.
Andy