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Old June 30, 2010, 02:20 PM   #1
"JJ"
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Join Date: March 23, 2010
Location: NE Texas
Posts: 553
Question for TEXAS LEOs!

For TEXAS LEO or those who would be in the know! I know WITH a CCL, you must notify an officer of CCL and if you are carrying. Under the Castle law or penal code 46.02 (not sure which applies) if a non CCL holder legally has a concealed hand gun in the vehicle, not on thier person, are they required by law to disclose? I can not find anything that says one way or the other. I don't do things to get pulled over so I don't anticipate any dealings. But I just like being in the know! The only reason I question this is because we have a local rookie who might not handle it the way I invision it, if he ask for L&R & I say " here ya go sir, & I would also like to inform you I have a concealed weapon"! I can see this playing out in small town Texas. Where I don't know the Mayor or Chief of Police. So I guess I'm asking for the law & preference. How would you prefer I disclose? Thanks for any help!
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Old June 30, 2010, 02:48 PM   #2
dogtown tom
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Quote:
"JJ" For TEXAS LEO or those who would be in the know! I know WITH a CCL, you must notify an officer of CCL and if you are carrying. Under the Castle law or penal code 46.02 (not sure which applies) if a non CCL holder legally has a concealed hand gun in the vehicle, not on thier person, are they required by law to disclose? I can not find anything that says one way or the other. I don't do things to get pulled over so I don't anticipate any dealings. But I just like being in the know! The only reason I question this is because we have a local rookie who might not handle it the way I invision it, if he ask for L&R & I say " here ya go sir, & I would also like to inform you I have a concealed weapon"! I can see this playing out in small town Texas. Where I don't know the Mayor or Chief of Police. So I guess I'm asking for the law & preference. How would you prefer I disclose? Thanks for any help!
Only CHL holders are required to notify. The previous penalty for failing to notify has been removed- in no small part because non CHL holders did not suffer a penalty for failing to inform.

It would be viewed as being very polite to inform the officer that you have a firearm in the car. (Bad guys generally don't tell). It will play out the same no matter what the size of the town- if that individual officer is ignorant, he's ignorant- population doesn't fix that.


Read this: http://www.txdps.state.tx.us/Interne...rms/CHL-16.pdf


Quote:
PC ยง46.02. 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 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 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;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section
71.01.
(a-2) For purposes of this section, "premises" includes real property
and a recreational vehicle that is being used as living quarters, regardless
of whether that use is temporary or permanent. In this subsection,
"recreational vehicle" means a motor vehicle primarily designed as
temporary living quarters or a vehicle that contains temporary living
quarters and is designed to be towed by a motor vehicle. The term
includes a travel trailer, camping trailer, truck camper, motor home,
and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this
section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the
offense is committed on any premises licensed or issued a permit by
this state for the sale of alcoholic beverages.
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Last edited by dogtown tom; June 30, 2010 at 02:55 PM.
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Old June 30, 2010, 03:10 PM   #3
"JJ"
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Join Date: March 23, 2010
Location: NE Texas
Posts: 553
Thanks Tom! That is kind of how I felt. That it would be the "polite" thing to do. But polite isn't always the right thing. The PC 46.02 is what I had studied. It states it is legal, but doesn't address discloser. I want to clarify, I meant no disrespect to any officers in any size town. I have nothing but respect for any LEO. There is no way I would do what you do! Just the smaller towns usually are the ones who get relaxed on proper training. But it can also happen in a metroplex! Thanks for the info!
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