Posted: 8/14/2008 7:16:11 AM EDT
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1. Under the new law that started 9/1/2007 why do I need to show a CHL if I'm carrying concealed in my car and carrying concealed to/from my car? Doesn't the new law provide an exemption of the no concealed handgun law for all citizens to carry in their car and to/from their car? 2. Do I need to show my CHL if I'm carrying concealed a semi-auto pistol in my car and I've only qualified to carry a revolver (NSA CHL)? 3. Do I need to show my CHL if I'm traveling in my car with a handgun in the trunk? 4. CHL holder or not, if there are no firearms in plain sight and the officer has no probable cause to search the vehicle, why do I need to respond to the question, "Do you have any firearms in the car?" |
1. - because the CHL law still applies to CHL holders. 2. - Probably. Good question - I'll wait for better answers. 3. - I don't think so, because you are not carrying at that time. 4. - You don't need to respond to that question. Back to Q1 though; if you are carying and you do have a CHL, then you are required to inform the officer you are armed and have a CHL. |
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. |
Well my whole point of these questions is that under the new law (9/2007) being a CHL holder now restricts you more than a non-CHL holder when carrying concealed in a car or to/from a car. Certainly for a NSA CHL holder. A non-CHL holder can carry concealed in a car or to/from a car and does not need to inform nor show any additional identification if stopped by law enforcement. However, a CHL holder must show additional identification and a NSA CHL holder can not even carry a semi-auto handgun concealed in an automobile nor to/from their auto. The law needs to be fixed to address these issues. |
Yes this is a known side-affect of the new law. |
| Why not just get in the habit of ALWAYS showing both to the officer? If you just hand him your ID and he runs your info and it pops up CHL holder, he will be suspicious and it will create cause for uncertainty on his part. If you are not carrying and you are pulled over why not show the officer both and let him immediately know you are a NON-FELON?? Maybe I am missing something here but I plan to always pull out both and will keep them both tucked in the same flap of my wallet. |
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| My original CHL instructor stated that a CHL holder should give both his DL and CHL to an officer anytime the holder would normally present his DL. Maybe not neccesary under the letter of the law but anything that eliminates uncertainty on the officer's part can only be a good thing. |
+1 Why WOULDN'T you? I always showed my CHL with DL when getting pulled over. It shows the LEO you aren't trying to hide anything. Cause if he runs your DL, he WILL see that you have a CHL. Best to be up front about it all. And if the cop asks you if you have any guns in the car, even if its in the trunk, you better tell him. If he decides to search your car for any reason and finds it and you didn't disclose it ahead of time, that again looks suspicious. If youre in compliance with the laws, I dont see why you wouldnt answer the officer on these questions - and honestly at that... |
He can only search within the immediate area around you if he has no PC, isn't that true? In other words, he can't search the trunk without PC. If you don't want to answer about weapons in the car (other than on or about your person) I'd think you could answer "I have nothing illegal in the car". |
Echo Echo! |
Trunks are generally off limits under Terry, but the driver has no idea what PC the officer might have. |
I suppose one course of action is to ask the officer why he wants to search your car. If the officer knows he can search the car without my consent then my answer of yes/no won't make a difference. So I would rather err to protecting my rights and always refuse a search and always refuse to answer if I have firearms in the car/truck/bus/tank. |