Texas Carry

[timn8er]

If there are any Forum members from Texas online could you please tell me the rules regarding disclosure in a pullover situation? Do the same rules apply statewide or vary from county to county? I plan to travel to Texas in June & want to be prepared. Thanks!

 

[snubbyfan]

Check handgunlaw.us
http://www.handgunlaw.us/states/texas.pdf

 

[OFT II]

If you're stopped by an officer in Texas you are required to inform him that you're carrying and show your license. I've never had a problem with any of the officers that I've met.

 

[jlanecole]

You don't exactly have to tell them that you are carrying a handgun, but you do have to display the license. It's somewhat meaningless now, though, because the legislature removed the penalty for failing to display the license.

I've been pulled over a couple of times with my CHL. I handed the officer my CHL along with my driver's license. Once the LEO asked where my gun was, and told me not to reach anywhere near it, the other time the officer handed me back the license with no comment.

"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."

 

[ralph7]

You don't exactly have to tell them that you are carrying a handgun, but you do have to display the license. It's somewhat meaningless now, though, because the legislature removed the penalty for failing to display the license.

I've been pulled over a couple of times with my CHL. I handed the officer my CHL along with my driver's license. Once the LEO asked where my gun was, and told me not to reach anywhere near it, the other time the officer handed me back the license with no comment.

"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."

I had one admonish me for not telling him I had a gun w/me.
You are dealing w/different people in different moods and attitudes.
No one knows exactly what any one particular leo is gonna require at any particular time.

 

[Hill_Country]

As said, the Texas law says you have to inform if you're asked for an ID. There's now no penalty for not carrying your license, but I'm not sure if there is a penalty for not verbally informing if you're asked for an ID - best to check.

Quite a few years ago I, shall we say, cut a red light a little close and got pulled over by a motorcycle cop. I handed him my license and CHL (which are nearly identical) and he just handed the CHL back to me and said he didn't need it.

A few years ago I needed to be fingerprinted for my CHL renewal and the Chief of our small town PD said they would be happy to do it. Several officers and a DPS trooper were standing around while I was being fingerprinted and the trooper - who was kind of a hotshot - started running off about how he would disarm a CHL holder. Said he would at the end of the stop return the unloaded weapon and loose ammo and lock it in the owners' trunk. I didn't argue and the local guys just kind of rolled their eyes, but the kid was serious.

You pays you money and you takes you chances. Best to know the law and follow it even if the officer doesn't. But to answer your question, in Texas the cities and counties are precluded from enacting their own gun laws so you don't have to worry about anything except the state laws. In fact, there is a move in the current legislature to crack down on cities and counties who illegally post no gun signs on government buildings.

Enjoy Texas, you'll find it very gun friendly.

 

[jtpur]

You are all correct.. If one has a CHL, is carrying on or about his person, he must display both the CHL and his identification when asked for same by the law enforcement officer. The citizen does not have to state he is armed......but......since it is required to show the CHL one might come to that conclusion. Now when a person is armed and does not have a CHL, there is no requirement to tell the officer. It is legal to carry a firearm in ones vehicle...The reason the penalty was removed for CHL holders was because they were put in a situation where they are legal to carry and illegal to not inform while the person unlicensed is legal to carry in certain situations that same unlicensed person has no duty legal or otherwise to inform.....

 

[Hill_Country]

The reason the penalty was removed for CHL holders was because they were put in a situation where they are legal to carry and illegal to not inform while the person unlicensed is legal to carry in certain situations that same unlicensed person has no duty legal or otherwise to inform.....

That makes perfect sense. Are you sure that the *Texas* Legislature did that? <G>

 

[Biginge]

Boys, everytime I have been around LEO's, for any reason, I tell them I am a CHL holder and the gun is on my right side. Then I ask for how they would like for me to respond. In my estimation in makes no sense, law or no, to not inform a LEO that I am armed. I have had them ask me to put it in my truck, no big deal, whatcha got, etc. There is no need, in my estimation, to surprise him when I bend over to tie my shoe or something. Just tell him you are licensed and carrying. If there is a downside I am missing would someone please advise me as to what it is? Thanks.

 

[setxn]

Hillcountry can you give me the statute or direct me to a posting where it states a CHL does not have to be carried while armed?

 

[Hill_Country]

Hillcountry can you give me the statute or direct me to a posting where it states a CHL does not have to be carried while armed?

That's not what it says. There used to be a penalty for not carrying the license (I don't remember what it was). Two years ago the legislature removed the penalty. An officer can verify a CHL just like he can a DL. You're still supposed to carry your CHL (or DL), but the worst that will happen is you could get hassled if you don't carry it.

EDIT: It was Texas Government Code §6.43. FAILURE TO DISPLAY LICENSE ON DEMAND. and it included a 90 day suspension of the CHL. That section no longer exists, but § 411.205 requires the CHL and DL to be presented if asked for ID by a police officer or magistrate.

FWIW, I received an NRA alert a couple of days ago. Several nice changes in the CHL are on their way to Governor-I-Don't-Know and several more look like they may pass. No penalty for printing, reduction in training hours, fee changes, etc. Stay tuned.

 

[Jeffersonwasright]

Hillcountry can you give me the statute or direct me to a posting where it states a CHL does not have to be carried while armed?

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

 

[setxn]

I misunderstood what Hillcountry was passing on.I know there is no penalty now for failure to inform but it stated there was no penalty for not carrying your CHL.It seems CHL holders are held to a higher standard and could get in a bind without their CHL present even in a vehicle. The outcome of this violation could probably vary greatly depending on the LEO that is handling situation. MPA-Motorist Protection Act allows concealed carry in a vehicle with no obligation to inform but your Texas CHL will show up in the system upon DL# check. If you are not in your vehicle and not just transporting your handgun to and from a legal location you best have your CHL with you.

 

[timn8er]

Another question for the Texas forum members: How far do you think Texas is away from open carry? I saw recently where a bill is pending to do away with penalties for accidental exposure of a CCW. It would seem to be the next logical step.I'm not wanting to start anything as to whether its right or wrong, if you would open carry or not, just if anybody feels that open carry might be legal soon in Texas.

 

[jlanecole]

Another question for the Texas forum members: How far do you think Texas is away from open carry? I saw recently where a bill is pending to do away with penalties for accidental exposure of a CCW. It would seem to be the next logical step.I'm not wanting to start anything as to whether its right or wrong, if you would open carry or not, just if anybody feels that open carry might be legal soon in Texas.

Well, I think open carry is pretty much dead for this session; it was left pending in committee almost a month ago. That means that the earliest it could be legal would be September of 2015 (following the next Legislature, if the bill is reintroduced and passes, and gets signed by whomever the governor is then,) and my opinion (worth exactly what you paid!) is that it won't happen then, either. Legislators just don't seem that interested in it.

 

[sipowicz]

Wear a cowboy hat at all times an no LEO will bother you.

 

[Old TexMex]

http://www.txdps.state.tx.us/InternetForms/Forms/CHL-16.pdf

You won't get arrested for showing your permit. Show it. If the officer doesn't want to see it, he'll tell you.
There has been a change in the law regarding requirement to show your permit if you are IN YOUR VEHICLE or boat, as has been explained in a previous post. But as I said, it won't hurt. And concealed STILL means concealed.
Note 30-06 signs and 50% signs designating NO CARRY.
Welcome.

 

[Old TexMex]

Accidental exposure isn't and HAS NOT BEEN A CRIME. That's inet BS. Intentional, threatening manner, brandishing to cause alarm is not accidental. Please read the law from Deptartment of public safety, rather than internet gossip.
Welcome to The Lone Star State.

 

[Old TexMex]

Wear a cowboy hat at all times an no LEO will bother you.

Resistol "Textan" after Easter.

 

[timn8er]

Here's where I read the part about Accidental Exposure:


Big Slate of Pro-Second Amendment Bills Pass in Texas : GunNews.com -All current gun news online.

There are some other interesting things in there too. Hope they become law!!

 

[setxn]

I believe SB 299 will supercede HB 1304 and is what will be sent to the Governor. It not against the law for an accidental exposure or printing at this time. Maybe this bill is to further protect from the man with a gun call and possible ride downtown due to laws not being understood. There is no"brandishing " law in Texas but exposure of a firearm to alarm and threaten is not legal.