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08-10-2020, 06:00 PM
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Clarification - Texas law on LEO contact
So many threads I am not sure which one I wanted this in so I'll start a new one.
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Okay, let's get some clarification here.
Texas Constitution and Statutes - Statutes By Date
Quote:
Government Code 411.205 on 5/27/2015
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.
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That's the law in Texas, boys and girls. Ain't nuthin' in the law about being REQUIRED to say that you have a gun in the vehicle.
I'll ask again -
Must you say you have a gun in your vehicle? Again, an answer - -
Quote:
NO
There seems to be a bit of confusion here with some websites claiming you need to inform a law enforcement officer you have a weapon. The fact is the law does not mention this and you are not legally required to inform law enforcement you have a weapon. However, the law does require you to hand over your firearm licence and ID if requested to do so by law enforcement. Please watch the video on traffic stops for more clarification.
Sec. 411.205 Requirement to Display License
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Guns To Carry ©2020
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It's that clear and that simple. Anything to the contrary is urban myth, Internet lies, and rumor. I'm not saying don't tell the LEO, I'm saying there is no requirement to do so. Period.
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Last edited by ISCS Yoda; 08-10-2020 at 06:03 PM.
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08-10-2020, 08:11 PM
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Yes, but
Quote:
If a license holder is carrying a handgun
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That's kind of the same thing. If I'm NOT carrying I don't have to give the officer my handgun license.
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Or something like that . . .
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08-10-2020, 10:30 PM
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"On or about". As a reasonable man, I'd believe the intent means anything within your reach.
Locked in the trunk, you're good to go unless you are behind the car changing a flat.
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08-11-2020, 08:36 AM
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Having been pulled over in Texas I can tell you that the LEO must have your license presented whether you are carrying or not. I made the mistake of not presenting mine and had to exit the vehicle under commands. He then informed me it must be presented at all times carrying or not. As far as the gun goes I was told I could inform LEO's of the gun when presenting the license or wait until asked to respond.
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08-11-2020, 10:53 AM
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Quote:
Originally Posted by TX-Dennis
Yes, but That's kind of the same thing. If I'm NOT carrying I don't have to give the officer my handgun license.
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*
And what excuse would you have for not carrying?
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08-11-2020, 11:13 AM
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Texas is a communist state. In NM we can carry as we please in our vehicles with no firearm license or carry permit - firearms licenses do not exist here, and concealed carry permits are for outside of your property or car. AND - our state legislature has had Democrat majorities all but 4 years since 1932. All volunteers - no salaries.
30-7-2. Unlawful carrying of a deadly weapon.
A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:
(1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;
(2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;
(3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978];
(4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or
(5) by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978].
B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.
Last edited by biku324; 08-11-2020 at 11:20 AM.
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08-24-2020, 05:59 AM
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Quote:
Originally Posted by biku324
Texas is a communist state. In NM we can carry as we please in our vehicles with no firearm license or carry permit - firearms licenses do not exist here, and concealed carry permits are for outside of your property or car.
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With all due respect, what are you talking about? You can carry in your car in Texas without a “license” or “permit”. Just as long it is concealed from view. And our LTC’s work the same as yours, but with less restrictions. For example, I can carry my M&P 2.0 .45 on my right hip, and have my 642 in my left pocket. Can’t legally do that in New Mexico. So, your a communist state! Lol.
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08-24-2020, 09:08 AM
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Quote:
Originally Posted by sotexas
Having been pulled over in Texas I can tell you that the LEO must have your license presented whether you are carrying or not. I made the mistake of not presenting mine and had to exit the vehicle under commands. He then informed me it must be presented at all times carrying or not. As far as the gun goes I was told I could inform LEO's of the gun when presenting the license or wait until asked to respond.
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Not saying the cop was wrong or lied, but you left out the part where you later went and checked what the actual law says with regards to those statements.
Cops are not always experts on the law; trust but verify.
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08-24-2020, 09:21 AM
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trust but verify Perfect, Police often state something that they THOUGHT was right when in reality they are wrong according to state or Fed Law... Class 3 weapons come to mind. Common Sense needs to apply here, I have no issue telling Police I'm Armed and am a CCW Holder. Just dont do stupid stuff or act like a Fool and all will work out.
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08-24-2020, 09:42 PM
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Quote:
Originally Posted by TX-Dennis
Yes, but That's kind of the same thing. If I'm NOT carrying I don't have to give the officer my handgun license.
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The problem is that if you're not carrying and don't show the LTC YOU WILL BE ASKED and the LEO will be MIFFED.
Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. - REQUIRED!
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09-02-2020, 01:33 PM
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Always Notify Required Or Not Unless
I make it a personal policy to always notify an officer if I come in contact required or not. I have found this seems to have worked to my advantage... twice I have deserved tickets and didn't get one after notifying (not required here in Florida) I was legally carrying.
There are exceptions to my rule... if a department has a reputation for harassing CWL holders I won't notify. The Florida Highway Patrol for example is known to harass license holders, though I have not heard of such lately.
In general is seems to me avoiding surprises for an officer who is already under some level of stress is a good idea.
FWIW
Chuck
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09-02-2020, 01:43 PM
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As a matter of personal policy, I notify an officer whether I am obligated to do so or not...as a matter of both courtesy, (and consideration for officer safety), and avoiding potential misunderstandings if a firearm is detected at a less than opportune moment.
I do not feel a need to convince others that my way is the right way...but it is the way I choose to conduct interactions with LE.
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09-02-2020, 02:47 PM
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Quote:
Originally Posted by biku324
Texas is a communist state. In NM we can carry as we please in our vehicles with no firearm license or carry permit - firearms licenses do not exist here, and concealed carry permits are for outside of your property or car. AND - our state legislature has had Democrat majorities all but 4 years since 1932. All volunteers - no salaries.
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I busted out laughing over this one...I took it as a so called "Free State" dig...nicely done! For what it's worth, we dont have, and never have had, permits for anything. Open, concealed, in a car, in public, resident or non resident, whatever. And no duty to notify. And were bluer than your state ever dreamed of being!
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09-02-2020, 03:04 PM
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Here in Texas (non-communist btw) one reason to show your license is that it shows the officer you are a good guy with no felony convictions and such.
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09-02-2020, 04:00 PM
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Quote:
Originally Posted by zonker5
Here in Texas (non-communist btw) one reason to show your license is that it shows the officer you are a good guy with no felony convictions and such.
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That's actually true and more often than not the LEO will hand the LTC back to you without another word about it. If the LEO wants to know if you have a gun he or she will ask. The Texas LEO community is quite used to the CHL/now LTC community after more than 20 years of it.
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09-02-2020, 05:27 PM
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Quote:
Originally Posted by cxm
I make it a personal policy to always notify an officer if I come in contact required or not. I have found this seems to have worked to my advantage... twice I have deserved tickets and didn't get one after notifying (not required here in Florida) I was legally carrying.
There are exceptions to my rule... if a department has a reputation for harassing CWL holders I won't notify. The Florida Highway Patrol for example is known to harass license holders, though I have not heard of such lately.
In general is seems to me avoiding surprises for an officer who is already under some level of stress is a good idea.
FWIW
Chuck
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Having worked with FHP officers in the past, I would disagree with your opinion of them. However-- except for a certain ancient internet video that says otherwise, and that LEO was canned--most FL LEOs appreciate being notified of the presence of a gun and are very calm about them. Personally, I do not notify any FL LEO unless he/she were to ask me to exit my vehicle.. But then that would require me to be stopped first.
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09-06-2020, 10:53 AM
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Quote:
Originally Posted by ISCS Yoda
Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. - REQUIRED!
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Yes, with the cavet of "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,..."
I often don't carry because of where I work (federal propery). If I were stopped to or from work, the way the law is written I do not have to show my LTC. Now, I probably would for the reasons mentioned above, but I'm not legally obligated to do so. IANAL, but that's my reading and understanding.
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09-06-2020, 11:00 AM
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Quote:
Originally Posted by blues7
As a matter of personal policy, I notify an officer whether I am obligated to do so or not...as a matter of both courtesy, (and consideration for officer safety), and avoiding potential misunderstandings if a firearm is detected at a less than opportune moment.
I do not feel a need to convince others that my way is the right way...but it is the way I choose to conduct interactions with LE.
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Same here. Not that I get stopped by the police a lot. But it has happened. As recently as last week.
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09-06-2020, 12:03 PM
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Just a note that seems to have been missed in this discussion....
The law, as posted in the OP, has one phrase that y'all are missing, "...a peace officer demands that the license holder display identification,..." So, you only have to notify if the policeman asks for identification. Then, if you have a gun, you must display both you driver's license and concealed carry license.
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09-07-2020, 06:13 PM
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Quote:
Originally Posted by biku324
Texas is a communist state. In NM we can carry as we please in our vehicles with no firearm license or carry permit - firearms licenses do not exist here, and concealed carry permits are for outside of your property or car. AND - our state legislature has had Democrat majorities all but 4 years since 1932. All volunteers - no salaries.
.....
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Seems like I remember that New Mexico is one of the States adjacent to Texas. I think New Mexico's rule or the rule they used to have limiting a LTC holder to carrying only One firearm
in my view is communistic. In Texas we can carry as many
as we can tote. I usually carry two but I don't think they allow that in New Mexico. I probably never see Carlsbad Caves
since I would never stay at a motel with just one gun.
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