Gun Laws in your state

[A4sForever]

Okay, I need it 'splained to me...

Volunteer it -- with your hands on the top of the wheel, in plain sight -- tell him something to the effect of:

"Hello, Officer ... before we get started ... I want to inform you that I'm licensed, trained, and LEGALLY armed ... "

Like I said -- it's paid BIG dividends for me, personally.

 

[Bevo16]

The law reads:

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.

If you do not have a HANDGUN on our about your person (commonly referred to as "immediate reach" in Texas), then you can tell the cop to pound sand. You don't have to tell him if you have a permit. You don't have to tell him about any weapons that are not "on or about your person". And you can not lose your permit for not fessing up to having a permit as you are not legally required to produce that information. Lying about it is not a good idea, but something along the lines of "I am not legally required to provide that information." is a perfectly valid response.

Why make the cop's day hard? Well, why is he trying to make my day hard? If I am speeding, fine. Let's talk about speeding. Any other information is not required and not really any of the cop's business.

Volunteer it -- with your hands on the top of the wheel, in plain sight -- tell him something to the effect of:

"Hello, Officer ... before we get started ... I want to inform you that I'm licensed, trained, and LEGALLY armed ... "

Like I said -- it's paid BIG dividends for me, personally.

Yea, me too.

When I was PCS'ing to Memphis, I spent the night in Ft. Stockton. I hit the road at sun-up and just outside of Monahans (where the speed limit goes down from 80 to 75) got pulled over by a State Trooper. Left arm out the window, right hand open palm on the head liner, and pulled way over to give the guy plenty of room for traffic. My 9mm was tucked next to my thigh, and as soon as he gets to the window, I tell him "Officer, I have a handgun permit and I am carrying". He asks where it is, I tell him, and he tells me to step out so we can have our conversation outside. I do, and the first thing I notice is that he is wearing a Navy diver pin under his DPS badge. We ended up talking for about 10 minutes, and he never even mentioned the gun or asked for the permit. We talked about flying and diving and where to get decent breakfast tacos. He sent me on my way with a "watch the limit, it goes up and down a lot between here and Dallas".

Other times (like about 3 weeks ago near my house in Eads), my .380 was in my center console where he would never see it and I didn't bring it up. I was still polite and respectful and he let me go.

I don't know what I would say if I got a bunch of questions about a gun for no reason. It would probably depend on my mood and how the cop asked. Knowing your rights and the law is never a bad thing.

 

[CAMike]

Awesome! Glad to hear you were able to experience the love for the game itself. Sounds like Charlie was a quality gent like Herman.

I heard Herman was big into baseball after St. Mary's and acting.

Threadjack ..............................off!

 

[Brett327]

The high priest of self righteousness has spoken.

Indeed - better listen up.

I agree that if you have a permit and gun on you, you SHOULD follow the law and tell the cop if asked.

Well, why didn't you just say so in the first place. I suppose that wouldn't have satisfied your monthly requirement to resort to histrionics about whatever right-wing cause du jour you recently saw on FNC.

WRT state laws not being in accordance with the 4th amendment (or at least Justice Bevo's learned and objective interpretation of it), until a law or ruling is challenged in court and ultimately overturned by the high court, it is, by assumption, constitutional. So, all you nut cases (left and right) who like to blather on incessantly about this or that being unconstitutional, I recommend you STFU and find someone with standing in the matter and run the issue through the courts - as the system is designed to work. Until you do that, you'll never have credibility or legitimacy - period.

@ Mumbles: I certainly have no idea what you're talking about. Are you implying that 50% of Americans are disrupting health care reform town meetings? If so, it's certainly not getting the right press coverage. For the record, I'm staunchly against the kind of reforms this administration has in mind, but the tactics being used by those in opposition make me ashamed to be a Republican.

Brett

 

[jtmedli]

@ Mumbles: I certainly have no idea what you're talking about. Are you implying that 50% of Americans are disrupting health care reform town meetings? If so, it's certainly not getting the right press coverage. For the record, I'm staunchly against the kind of reforms this administration has in mind, but the tactics being used by those in opposition make me ashamed to be a Republican.

Brett

Wow, This is one thread where I actually agree AND disagree with every single post simultaneously.

Brett, I agree about the Healthcare Reforms (FWIW). There are certainly better ways to demonstrate your displeasure with something than flipping out and carrying guns to meetings and whatnot. One thing I will say is that I'm pretty pissed with the way OUR congressmen and women are dismissing all these people's opinions as pure lunacy. They're not lunatics, they're just pissed. Congress is starting to look more like a special interest group pushing socialized health care and stimulus packages than a group of representatives of the people these days. (Rant Over)

 

[Brett327]

Wow, This is one thread where I actually agree AND disagree with every single post simultaneously.

Brett, I agree about the Healthcare Reforms (FWIW). There are certainly better ways to demonstrate your displeasure with something than flipping out and carrying guns to meetings and whatnot. One thing I will say is that I'm pretty pissed with the way OUR congressmen and women are dismissing all these people's opinions as pure lunacy. They're not lunatics, they're just pissed. Congress is starting to look more like a special interest group pushing socialized health care and stimulus packages than a group of representatives of the people these days. (Rant Over)

Yeah, I'm with you bro. There was a great video on Colbert the other day that had a cancer survivor talking/asking a question at one of these things, and the congresswoman who was holding the thing was taking a call on her cell - WTF? My issue is with the misinformation and scare-mongering that has been perpetrated by the GOP and it's proxies. I mean, death panels and euthanasia? Seriously, people. So these people who are raving mad at these town meeting may only be guilty of ignorance, stupidity and being gullible beyond belief, but the whole thing is a complete disgrace.

Brett

 

[jtmedli]

Yeah, I'm with you bro. There was a great video on Colbert the other day that had a cancer survivor talking/asking a question at one of these things, and the congresswoman who was holding the thing was taking a call on her cell - WTF? My issue is with the misinformation and scare-mongering that has been perpetrated by the GOP and it's proxies. I mean, death panels and euthanasia? Seriously, people. So these people who are raving mad at these town meeting may only be guilty of ignorance, stupidity and being gullible beyond belief, but the whole thing is a complete disgrace.

Brett

Yea I saw that too...supposedly she was calling a "health care hotline" or some BS. It seems like both sides are guilty. Democrats want to play it down like it's no big deal and Republicans make it out to be the end of the world. To be honest my biggest complaint is that there's nothing capitalist about privatized healthcare competing with "big government" as well as the fact that our government is going to piss away 2 trillion (or whatever astronomical amount of money this thing is supposed to cost us) on something that they're not even sure will work.

 

[Bevo16]

WRT state laws not being in accordance with the 4th amendment (or at least Justice Bevo's learned and objective interpretation of it), until a law or ruling is challenged in court and ultimately overturned by the high court, it is, by assumption, constitutional. So, all you nut cases (left and right) who like to blather on incessantly about this or that being unconstitutional, I recommend you STFU and find someone with standing in the matter and run the issue through the courts - as the system is designed to work. Until you do that, you'll never have credibility or legitimacy - period.

Justice Bevo (I like the sound of that) does not have nearly as much trouble with the Texas law as I do Texas cops who would abuse the law or citizens either out of ignorance or an over developed sense of self importance.

The law (as quoted) obviously is written so that police can get someone who they see carrying a gun to identfy that they are carrying legally. I am fine with that.

The law is not intended as bait for cops to go fishing for additional tickets at routine traffic stops.

The 4th amendment is still in effect.

 

[Brett327]

Justice Bevo (I like the sound of that) does not have nearly as much trouble with the Texas law as I do Texas cops who would abuse the law or citizens either out of ignorance or an over developed sense of self importance.

The law (as quoted) obviously is written so that police can get someone who they see carrying a gun to identfy that they are carrying legally. I am fine with that.

The law is not intended as bait for cops to go fishing for additional tickets at routine traffic stops.

The 4th amendment is still in effect.

I love the backpedaling - this is becoming a habit for you.

I'll repeat my final point, since it's the only relevant one which remains: If you think that LE is abusing the law, then find someone with standing and initiate a lawsuit. That's the only legitimate way to go about it. I know it's easier (and cheaper) to whine about it on the internet, but you sound like a man of certain convictions and I would support such action vigorously.

Brett

 

[MasterBates]

I was pulled over a couple of weeks back on I-264 in Portsmouth VA. Cop claimed I had a tail light out on my motorcycle. It was daytime, about 30 min to sunset, I was riding into the sun.

I was carrying a 1911 in a holster integral to my jacket. I stop, put stand down, remove keys, remove helmet/glasses, stick keys in helmet and hang it off the handlebar. I remain astride the motorcycle.

Cop comes up (Local Yokel), asks for license registration. I inform him that I have a concealed weapons license, I am legally carrying and it is inside my jacket, left chest. He is so far OK, I tell him I'm grabbing my wallet and registration out of my pants pocket. He asks me to dismount, I do so. I hand him my FL DL, FL CWL, Mil ID, and the registration/insurance cards. Cop then freaks out, orders me to remove my jacket. I tell him the gun is in a built in holster in my jacket. At this point he demands I face him. He has his hand on his gun.

I take the jacket off and ask where he wants me to put it. He asks me to lay it over the guard rail, and I do. He then tells me "you are in a bunch of trouble, you don't have a VIR-GINNY-UH CWL" .

I calmy explain that I have a valid FL resident permit, and VA honor FL permits. He says "no we don't". I'm now a "man with a gun call" which gets the State Troopers there ASAP. State troopers come up haulin ass and get out in a hurry. They have a conference. I am currently sitting on the guard rail with my hands on my head per the cops "instructions".

He tells them I am carrying illegeally. I tell them (State Troopers) I have a valid FL permit, which I produced, and gave to the local cop. They then go 'then what is the problem, he's legal'. Local cop then calls in for local backup and have my stuff run. They come back on the radio 5 minutes later saying I'm good. Local cop is still pissed, the troopers have him leave and wait a couple minutes before they let me go. They follow me out of his jurisdiction. Talking to the troopers, this is not the first time the cop has done this. The younger trooper asked "ever seen Super Troopers?" I say yes.

"He's basically Farva" was his response.

They gave me the pertinent info and told me who to call about the BS stop.

Complaint has been filed with the Portsmouth PD.

And my tail light was not out, the Troopers felt he was "fishing for something" saying a good chunk of bikes with out of state plates are not insured.

 

[navy09]

^^super ghey. I have an AZ permit and have been pretty reticent about carrying in VA for exactly this reason. I guess it's nice to know that most of those guys seem to be pretty well read on CCW reciprocity.

Not to second guess you MB, but if I find myself in a similar situation, I plan to 'keep it to myself.'

 

[C420sailor]

I was heading up 9th Ave in Pensacola a few months back and I blew right through a speed trap. I knew they had me, so I slowed down and turned onto a side street, where the officer pulled me over. Went through the usual routine, but I decided to inform him that I was carrying my Glock 21SF on my right hip. I gave him my PA permit and he says, "I may be wrong, but I don't think FL honors PA." I started to get really nervous.

So the game starts. He has me step out of the vehicle, disarms me, and tells me to get back in the truck and wait while they verify the permit. Three more marked units pull up. Now I'm shitting a brick. I had a good conversation with his partner during the 20 minute wait for dispatch to check for the permit reciprocity. The officer came back, handed me my Glock, and instructed me to wait until he left before re-loading. And he let me off with a warning.

I'll only mention something if I'm carrying. If I'm not carrying (that includes an unloaded firearm in my truck), I'm not bringing it up. if he asks, I'll answer. No sense in complicating things for no reason.

 

[A4sForever]

.....If I'm not carrying (that includes an unloaded firearm in my truck), I'm not bringing it up. if he asks, I'll answer. No sense in complicating things for no reason.

Of course not; if you're not carrying, there's nothing to talk about ... just in case anyone mistook my former post(s) on the subject -- I hope this illuminates my original intent & message.

BUT: IF YOU'RE CARRYING -- and whether or not 'he brings it up' -- I suggest my former advice about 'volunteering' the info ... that's NOT 'complicating things' ... it's clarifying them ... big time.

And it save me a ticket once ...

 

[rare21]

Nate, no offense, but I anticipate many tickets in your future if you dont have them already. I used to be like you, not wanting to lose face in front of a cop that pulled me over, but a few tickets later and higher insurance premiums just told me it wasnt worth it. Looking back at what I know now, a lot of those tickets would have been warnings if I had just shut the hell up and been respectful.

I do not get up before my shift and say "Let me see who's civil rights I can violate today and get away with it." I can safely say I probably know more about laws and individual rights than the average person since I deal with it day in and day out in actual application. It is not worth it to me to lose my job, my peace officer's license and maybe even my freedom to circumvent the law for an extra citation or a small baggy of weed. C'mon. I have heard it all from pissed off drivers and I doubt you or anyone else with their head full constitutional provisions will tell me anything I havent heard before or did not know. In the Navy they called them "sea lawyers" in the city they are called "street lawyers."

It is simple, if you are carrying and you have a weapon and you do not tell me I will most likely find out and have your CHL taken away. I've done it before and I will do it again.

In Texas the only two violations that I cannot arrest on the spot for are speeding and open container. With the speeding, if I can articulate that you are being reckless while driving then I can arrest. The open container is usually found after an initial traffic stop and those usually lead to a DWI arrest most of the time.

So if you try to start saying that I cannot search your car and you dont give me consent, etc., I can just arrest you (instanter) for what I originally pulled you over for, then tow your vehicle (extra money you have to pay to get your car out) and by law I have to inventory your vehicle before it gets towed. Anything I find in that vehicle I can charge you with. Would you rather go through this or just show me your license and where the gun is and be on your way? You choose.

As a cop when I get pulled over I do everything that the DPS website says. When the officer comes to window I have my hands on the steering wheel and notify him that I have a weapon and am an off duty police officer. Then I will slowly show him my badge and police identification and the traffic stop will continue. I prefer drivers to do it that way and I know officers prefer making the initial contact that way. I've been pulled over in uniform with my gun on my hip and until I get the okay to do something else I have my hands visible at all times.

Remember, I do not need probable cause to frisk you for weapons. I can do so at anytime for my safety whether you're the mayor or joe crackhead. Everyone I pull out of their vehicles will get frisked if I am going to continue an investigation. I dont know you from Jesus Christ and "I trust you" is not in a police officer's vocabulary. If you resist its called Resisting Arrest, Search or Transportation..and you dont have to physically fight me to resist.

As Andrew Dice Clay used to say - "Its common sense you know what i'm sayin'?????"

 

[jtmedli]

Nate, no offense, but I anticipate many tickets in your future if you dont have them already. I used to be like you, not wanting to lose face in front of a cop that pulled me over, but a few tickets later and higher insurance premiums just told me it wasnt worth it. Looking back at what I know now, a lot of those tickets would have been warnings if I had just shut the hell up and been respectful.

I do not get up before my shift and say "Let me see who's civil rights I can violate today and get away with it." I can safely say I probably know more about laws and individual rights than the average person since I deal with it day in and day out in actual application. It is not worth it to me to lose my job, my peace officer's license and maybe even my freedom to circumvent the law for an extra citation or a small baggy of weed. C'mon. I have heard it all from pissed off drivers and I doubt you or anyone else with their head full constitutional provisions will tell me anything I havent heard before or did not know. In the Navy they called them "sea lawyers" in the city they are called "street lawyers."

It is simple, if you are carrying and you have a weapon and you do not tell me I will most likely find out and have your CHL taken away. I've done it before and I will do it again.

In Texas the only two violations that I cannot arrest on the spot for are speeding and open container. With the speeding, if I can articulate that you are being reckless while driving then I can arrest. The open container is usually found after an initial traffic stop and those usually lead to a DWI arrest most of the time.

So if you try to start saying that I cannot search your car and you dont give me consent, etc., I can just arrest you (instanter) for what I originally pulled you over for, then tow your vehicle (extra money you have to pay to get your car out) and by law I have to inventory your vehicle before it gets towed. Anything I find in that vehicle I can charge you with. Would you rather go through this or just show me your license and where the gun is and be on your way? You choose.

As a cop when I get pulled over I do everything that the DPS website says. When the officer comes to window I have my hands on the steering wheel and notify him that I have a weapon and am an off duty police officer. Then I will slowly show him my badge and police identification and the traffic stop will continue. I prefer drivers to do it that way and I know officers prefer making the initial contact that way. I've been pulled over in uniform with my gun on my hip and until I get the okay to do something else I have my hands visible at all times.

Remember, I do not need probable cause to frisk you for weapons. I can do so at anytime for my safety whether you're the mayor or joe crackhead. Everyone I pull out of their vehicles will get frisked if I am going to continue an investigation. I dont know you from Jesus Christ and "I trust you" is not in a police officer's vocabulary. If you resist its called Resisting Arrest, Search or Transportation..and you dont have to physically fight me to resist.

As Andrew Dice Clay used to say - "Its common sense you know what i'm sayin'?????"

No offense Sir, but this whole series of posts is somewhat Ironic considering your avatar!! (not calling you a liar or anything, just kind of funny) I have a lot of respect for police officers, but the ones who have no ability to discern between law abiding citizens and the aforementioned Joe Crackhead aggravate me. I've been pulled over before and had Cops who were great to deal with and I've also had cops who acted like they were 2 words away from shooting me the whole time (FWIW my attitude during the stops is always very respecful and non-threatening).

I've also had a couple occasions where police officers damn near assaulted me for zero reason whatsoever and another where a local cop verbally libelled and almost arested a commissioned 2nd LT with a Gunny standing 5 feet away in uniform. No laws were broken in any of the above situations. Just overreacting on the side of the Police Officers.

I understand your positions as you've stated them, but I think we've all had bad experiences which leads to the "US against THEM" reactions on both sides. You guys have a difficult and underpaid job no doubt and I appreciate that as much as anyone. I just don't understand why some Police Officers feel like they need be the "bully on the playground" all the time.