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Thread: "Duty to Notify"

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    I was stopped today at the corner of 71 and 183. I handed him my CHL and told him my pistol was in the trunk. (Yes, I know it is useless in the trunk) He thanked me for telling him, which makes me wonder if the new law is being briefed to officers across the state.

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    So does that mean Texas is a "must notify" state now?

    Sorry if this seems like a silly question, but I didnt see anything about it.

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    No, Texas is not a "Must Notify" state. I am pretty sure he was thanking me for the courtesy of notifying him when I did not have to.

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    If you're stopped by "a magistrate or peace officer" and asked to supply identification, you have to show your DL and CHL (IF you have your gun with you, not if you don't have it)...but, there is no longer any PENALTY for failing to do so.

    GC §411.205 "Requirement to Display" -- Texas Concealed Handgun Laws and Selected Statutes 2009-2010 (Instructor's Pamphlet), p.29.

    -- John D.

    (formerly of Colorado Springs, CO)

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    Texas has been a "must notify" state since Day 1. Any time a peace officer or magistrate demands your identification, you must also present your CHL if you are carrying. (Because a DL check also returns CHL status, most folks presented the CHL even if they weren't carrying, just to avoid further questioning.)

    Until September 1, 2009, DPS could suspend a CHL's license if notified that he had failed to notify. Since Sept. 1, there is no longer any penalty. The duty to notify is still there, but there is no penalty for failing to do so.

    As an aside, even if you're not driving, if you're carrying you are required to have both your CHL plastic and either your DL or state-issued ID card.


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    why would you bother to show and or tell him about your CHL, if you are just transporting your gun, locked in your trunk?
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

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    2, 4, 5 A defender wrote:
    why would you bother to show and or tell him about your CHL, if you are just transporting your gun, locked in your trunk?
    Because even in the trunk, you are still in possession of it.
    The thing about common sense is....it ain't too common.
    Will Rogers

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    2, 4, 5 A defender wrote:
    why would you bother to show and or tell him about your CHL, if you are just transporting your gun, locked in your trunk?
    As I said above: a DL check returns CHL status. Since the beginning of CHL in Texas, people have been advised to tell an officer even when they're not carrying. Someone who isn't carrying isn't required to notify, but as soon as the officer runs the DL, he's going to want to know if you're armed, and why you didn't notify.



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    KBCraig wrote:
    2, 4, 5 A defender wrote:
    why would you bother to show and or tell him about your CHL, if you are just transporting your gun, locked in your trunk?
    As I said above: a DL check returns CHL status. Since the beginning of CHL in Texas, people have been advised to tell an officer even when they're not carrying. Someone who isn't carrying isn't required to notify, but as soon as the officer runs the DL, he's going to want to know if you're armed, and why you didn't notify.

    There is no duty to notify if you are not armed.
    The thing about common sense is....it ain't too common.
    Will Rogers

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    rodbender wrote:
    KBCraig wrote:
    2, 4, 5 A defender wrote:
    why would you bother to show and or tell him about your CHL, if you are just transporting your gun, locked in your trunk?
    As I said above: a DL check returns CHL status. Since the beginning of CHL in Texas, people have been advised to tell an officer even when they're not carrying. Someone who isn't carrying isn't required to notify, but as soon as the officer runs the DL, he's going to want to know if you're armed, and why you didn't notify.

    There is no duty to notify if you are not armed.
    I didn't say there was. I explained why people do.

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    KBCraig wrote:
    Texas has been a "must notify" state since Day 1. Any time a peace officer or magistrate demands your identification, you must also present your CHL if you are carrying. (Because a DL check also returns CHL status, most folks presented the CHL even if they weren't carrying, just to avoid further questioning.)

    Until September 1, 2009, DPS could suspend a CHL's license if notified that he had failed to notify. Since Sept. 1, there is no longer any penalty. The duty to notify is still there, but there is no penalty for failing to do so.

    As an aside, even if you're not driving, if you're carrying you are required to have both your CHL plastic and either your DL or state-issued ID card.
    Thats pretty sill to say that there is a duty to notify, but no penalty if you dont.

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    It is silly but you won't here me arguing it.

    Funny how something like that is written and in other places in this country if you have one in the car all hell breaks loose regardless of legal or not. New Jersey for one example !!!!

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    cbackous wrote:
    Thats pretty sill to say that there is a duty to notify, but no penalty if you dont.
    A lot of the law has taken on a silly appearance over the years as it's beenamended. A lot of people still get hung up on carrying in hospitals and churches, because it says right there in the law that they're prohibited places. Only when you read waaaaay on down the page, you find an amendment was added that say the prohibition doesn't apply unless they post a 30.06 notice.

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    Thanks for that heads up KBCraig. I thought for sure churches were good, less they be target for massacre by a crazed practitioner of peace...

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    I was stopped in outside of Junction TX by a Deputy Sheriff, I gave him my DL and insurance and I told him about the loaded gun in my console and that I was traveling. The Deputy asked where I was traveling to and asked me not to open the console, I did have to get out and stand by his car while he ran my license, then he wrote me a ticket for my expired inspection sticker and sent me on my way.

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    cbackous wrote:
    Thats pretty sill to say that there is a duty to notify, but no penalty if you dont.

    Yes, it is silly, but there is actually a good explanationas to whyit was done this way.

    There were several bills this past sessionaimed atremoving the requirementto notify but despite overwhelming support, all were successfully stalled out by select legislatorswho opposed the change. In a final hour end-run effort determined legislators attached an amendment toa DPS rule & reg update bill that removed the penalty for not displaying ones CHL, thereby effectively accomplishing the intended goal.

    Whilethe statuterequiring one to display their CHLis stillon the books and active,it no longer has anyteethas there is no penalty for violating the statute (it is sort of like the Federal Flag Laws now).


    So, while it appears silly on the surface itwas actuallya good move and a win for Texas CHL holders. Notice I said a win for Texas CHL holders and not ALL CHL holders. That is because the statute was only enforceable on Texas CHL holders in the first place. While the statute requires anyone carrying under any recognized permit/license to display that CHL, thepenalty for notcomplying was merely to suspend ones CHL, and the State of Texas can only suspendCHL's they issue, therefore, this was a statute that only affected Texas CHL holders in the first place. By removing the penalty for violating this statute Texas CHL holders are now on the same level as out of state reciprocal CHL holders.

    Doc

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    dhigginbotham wrote:
    I was stopped in outside of Junction TX by a Deputy Sheriff, I gave him my DL and insurance and I told him about the loaded gun in my console and that I was traveling. The Deputy asked where I was traveling to and asked me not to open the console, I did have to get out and stand by his car while he ran my license, then he wrote me a ticket for my expired inspection sticker and sent me on my way.

    Based on your account I take it you do not have a CHL and were simply carrying in your vehicle under the newly revisedstatute. If so,there is actually no requirement to inform the officer that you have a handgun in your vehicle.Personally, if I were carrying in this manner Iwould only inform the officer if they specifically asked aboutthe presence of a weaponor if there was a chancethe weapon might be exposed to view, such as while retrieving documents or if the weapon was onmy person andI was asked to exit the vehicle, otherwise I am not sure I would inform them since it is not required. I would make sure all necessary documents were stored in a separate area from my handgun so I did not have to accessthe area where the handgun was located. I know many do itas a courtesy to the officer and I agree if there is a chance the weapon might be exposed, otherwise there is really no reason to do so.

    Thisis one of my chief complaints regarding the requirement for CHL holders to notify. Despite the fact that 1.) CHL holders have passed extensive background checks, and; 2.) their CHL status ismadeavailable to the officer when they run a CHL holdersDL anyway; CHL holders are still required to notify an officer when asked for identification if they are actively carrying. At the same time,under the new statute revision, those without a CHL (and not otherwise prohibited) can carry in a vehicle without submitting to any type of background check andthey have no requirement to notify an officerthat theyare doing so.

    While I am forthe new revision (and carry without a CHL for that matter), my point is that of these two groupsCHL holders clearlypose the lessor threat so why are they required to inform when non-CHL holders arenot? Fortunately, with the removal of the penalty section of the display statute I feel the statute will likely be removed completely next session, thereby resolving the issue.

    Doc


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