Tx Leo

[Double Naught Spy]

I am still trying to figure out what crime the woman called to be reporting and how it was that an LEO arrived in 5 minutes for an obvious non-emergency crime. Well, maybe the LEO was close by. In many areas, a 5 minute response for a felony in progress would be a quick response...the nature of geography, traffic, crime and the lack of LEOs we decide to fund.

"Hello 911? Yes, there is a man here who parked his truck in the parking lot and it has offensive bumper stickers. I am so offended. I am going to go tell him that I called you! Come Quick! This is an emergency!"

Bobby68, Texas law states that a CHL holder must disclose to an LEO, during some sort of official business such as the said event, traffic stop, etc., if the CHL carrier is carrying. If the CHL holder is not carrying, no disclose needs to be made.

 

[357Texas]

Howdy From AUSTIN

I just got back from work and read the thread. Yes I live in south Austin I should of know with me living in Austin I would have some kind of prob but this is way way to messed up even from me. I knew there was some big morons here. I don't know what she told the 911 oper. but what ever it was it worked. to bad for her not the way she wanted.
John

 

[orangeninja]

ummm.........yeah........I'm thinking at best she should have been told off and at worst, arrested for false report. Personally I would have patiently told her about the story of the boy who cried wolf. You can bet your but she would have had to stand there and listen to EVERY WORD OF IT.

 

[DigMe]

Bobby68, Texas law states that a CHL holder must disclose to an LEO, during some sort of official business such as the said event, traffic stop, etc., if the CHL carrier is carrying. If the CHL holder is not carrying, no disclose needs to be made.

I thought the law said that you only display it any time you are specifically asked for identification. There may be some specific part that I don't remember though that specifies you should display if you're a passenger in a wreck or something. I don't remember that part though.

brad cook

 

[Sam Adams]

DigMe

Double Naught Spy is absolutely correct, you must affirmatively and pro-actively hand over your CHL and tell the officer that you are carrying if, in fact, you are. Likewise, if you aren't carrying, there's no need to disclose. Of course, the CHL is tied to your DL and your plates will tie the car to you and the DL, so the officer will know in advance if you are a CHL holder. For that reason, and to forestall any potential problems, if I were to be stopped I would hand over my CHL with the DL even if I wasn't carrying, and I'd let the officer know whether I was or not. No harm is done, and by being up front you can't hurt yourself if the officer is toying with the idea of giving you a warning. Fortunately, I have yet to be stopped for the many times that I have just slightly fractured a speed limit (and the fact that I just said this will probably doom me to a ticket in the near future).

 

[Sam Adams]

M2 Carbine

When one local LEO said he clocked me at 74 (in a 60) I told him, "Sure enough, when I saw you and looked at the speedometer I was showing 75.

I've also found that it pays to be honest - mainly because you're showing the officer that you don't think that he's a blithering idiot who will fall for any story you make up in 2 minutes or less. Many years ago, while driving in MD, I was going about 67 in a 55 in my father's red Corvette (with out-of-state plates, no less). I had a radar detector, and I passed an old guy going about 55, getting to 75 momentarily before coming back to 67 (on cruise). Not one sound from the radar, so I thought that I was fine - until the gumballs lit up my rear-view mirror. Anyhow, I showed the officer respect by having the car shut down, no radio, license, registration and insurance card ready, "yes, sir" and "no, sir" to every question, and I not only admitted speeding but I apologized. So this 27-year-old, speeding in a red, out-of-state Corvette in MD (which has a BAAAAD rep on this issue) got a warning. I still have it in a box, and when I find it I will frame it.

IMHO, any officer on patrol for more than a couple of months has probably heard about 99% of the excuses in the book, and he/she knows them for the BS that they are. Trying to BS someone who knows what you are trying to do is a great sign of disrespect, and is far more likely to get you a ticket than to help you.

 

[phoglund]

On the subject of the bumper stickers...you gotta be kiddin! In a way that "young lady" did end up having an effect on free speech....I was speechless after I read the original post!


On the subject of speeding tickets...this is a good read:

http://www.ehowa.com/mythoughts/nospeeding.shtml

It's a bit profane...but makes lots of sense overall.

 

[8830]

Sam Adams

I work in Lockhart. I've never written a CHL holder. I know some officers who have but I haven't stopped one going fast enough to warrant a ticket from me.

 

[HankB]

357Texas:

Yes I live in south Austin

On the plus side, it shows that some of us know our state, and were able to deduce where you were from that lunatic female's hostile actions.

On the minus side, it's mildly depressing to see that Austin really does fit the liberal/wacko stereotype after all.

 

[Highland Ranger]

That pesky 1st amendment . . . . well since we are getting rid of the 2nd and 4th, we might as well ditch that one too.

 

[MacPelto]

Double Naught Spy is absolutely correct, you must affirmatively and pro-actively hand over your CHL and tell the officer that you are carrying if, in fact, you are. Likewise, if you aren't carrying, there's no need to disclose.

Sam, are you sure? The only text that I could find in the Texas Statutes indicates that you only have to show the license if asked for ID. This is what my CHL instructor told me as well. Maybe you could show me the spot that I'm missing.

Thanks,

Mac









§ 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.
(b) A person commits an offense if the person fails or
refuses to display the license and identification as required by
Subsection (a) after previously having had the person's license
suspended for a violation of that subsection. An offense under this
subsection is a Class B misdemeanor.

Added by Acts 1997, 75th Leg., ch. 165, § 10.01(a), eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, § 9.17(a), eff.
Sept. 1, 1999.

 

[M2 Carbine]

8830
I work in Lockhart. I've never written a CHL holder. I know some officers who have but I haven't stopped one going fast enough to warrant a ticket from me.
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This is another side of the carry thing.

I would suggest that many/most of the people that lawfully carry are people that naturally pay more than average attention to the law and their actions and surroundings.

I would think that few of the degenerate road hogs on our highways have a carry license.

Personally I have found that if anything the CHL makes a person more polite.

This is a totally foreign concept to the gun grabbers that think the ownership of a gun turns you into a mad killer.

 

[Sam Adams]

MacPelto

Sam, are you sure? The only text that I could find in the Texas Statutes indicates that you only have to show the license if asked for ID. This is what my CHL instructor told me as well. Maybe you could show me the spot that I'm missing.

It appears that you are correct. However, it has been my experience that every officer always asks you for ID - YMMV. I was told by my instructor (a cop in the prosecutor's office) that in virtually all cases the officer will know ahead of time whether you have a CHL, and that it is considerably smarter to be upfront about it, even if you're not technically required to do so. He also said that letting an officer know that you are a CHL holder almost never hurts you.

 

[DigMe]

Double Naught Spy is absolutely correct, you must affirmatively and pro-actively hand over your CHL and tell the officer that you are carrying if, in fact, you are.

Let's not state absolutes until we're really absolutely sure.

brad cook

 

[Art Eatman]

Back in the late '70s/early'80s, I decided that the Austin city government was a case of the inmates having taken over the asylum, and it '83 I voted with my feet and moved to Terlingua.

Odd thing about Austintatious: The "gunnies" could have every seat on the city council and the mayorship if they wished. It's common to have a turnout for elections there of 8% to 11% of registered voters. Folks with firearms are sure more than that. All they'd have to do is stay quiet about the gun issue and they'd be a shoo-in...

Art

 

[Double Naught Spy]

D'oh!

My bad. I provided a loose interpretation that was not fully accurate. While the spirit of my response above was generally right, the detail was not. I stated that

Texas law states that a CHL holder must disclose to an LEO, during some sort of official business such as the said event, traffic stop, etc., if the CHL carrier is carrying. If the CHL holder is not carrying, no disclose needs to be made.

In such matters, a LEO will demand ID and the CHL holder must display the CHL with the license when ID is requested. In matters such as a traffic stop, the LEOs virtually always request your ID if they stop you for an infraction. The only exception I can think of for me is when small town cop stopped me for an expired inspection that was not. When he approached my car and discovered his mistake, he had apologized and sent me down the road before I even had my window fully down.

In matters of traffic stops or having the cops called on you, usually cops request identification, in part so that they know who they are actually dealing with and as part of standard operating procedure. I would have assumed the cop asked 357Texas for his ID since they were responding to a complain against him.

As noted with the law posted previously, if ID is not demanded, then CHL need not be disclosed. Ah, nothing like a good query to take a good look and review salient facts!

 

[DigMe]

I was told by my instructor (a cop in the prosecutor's office) that in virtually all cases the officer will know ahead of time whether you have a CHL, and that it is considerably smarter to be upfront about it, even if you're not technically required to do so. He also said that letting an officer know that you are a CHL holder almost never hurts you.

I'm not sure how the cop is going to know that ahead of time since that information does not come up when a cop runs your license plate. He'd have to run your DL to get that info. License plate IDs do not indicate whether or not someone has a CHL.

brad cook

 

[madscientist]

I am still trying to figure out what crime the woman called to be reporting and how it was that an LEO arrived in 5 minutes for an obvious non-emergency crime.

She probably knew him and called him on his cell phone.