TexasCHLforum.com

sjfcontrol wrote:

E.Marquez wrote:

Liberty wrote:

E.Marquez wrote: As it always does, such a suggestion brings out the.... If a person has a CHL, but they place the gun in the center console. .. Is that gun in the car covered under MPA or CHL?.. Can I say MPA and not inform an officer when contacted and asked for ID?.. but then later if I get out, take the gun, place it in my holster and be covered by my CHL?

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It doesn't matter whether the gun is in the console or on your person while in the car. If you have a CHL you are required to identify that you have a CHL when you are asked to identify yourself.

Then again, there is no penalty if you don't.

No sir, I would have to disagree .

That is not what the law requires..
"GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (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."

And still it is a chicken or the egg deal....
If MPA is law and what is in place for chl is an exception to the law as has been theorized.... Then MPA is valid before CHL stuff even comes into play.

IANAL
SO until a test case hits the courts, it,s just opinions.

The law requires display of the license REGARDLESS of which law (MPA or CHL) the handgun is being carried under. If you're armed, and a LEO asks for ID, you need to display the license.

As long as they actually do have a CHL, right? I'm still waiting for some case law on someone trying to claim they're carrying under the MPA when they have a CHL and it's a prohibited place for a CHL, but not for someone carrying under the MPA.

E.Marquez wrote:

Liberty wrote:

E.Marquez wrote: As it always does, such a suggestion brings out the.... If a person has a CHL, but they place the gun in the center console. .. Is that gun in the car covered under MPA or CHL?.. Can I say MPA and not inform an officer when contacted and asked for ID?.. but then later if I get out, take the gun, place it in my holster and be covered by my CHL?

.

It doesn't matter whether the gun is in the console or on your person while in the car. If you have a CHL you are required to identify that you have a CHL when you are asked to identify yourself.

Then again, there is no penalty if you don't.

No sir, I would have to disagree .

That is not what the law requires..
"GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (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."

And still it is a chicken or the egg deal....
If MPA is law and what is in place for chl is an exception to the law as has been theorized.... Then MPA is valid before CHL stuff even comes into play.

IANAL
SO until a test case hits the courts, it,s just opinions.

That's an interesting position to take. Disagree with someone that says if the gun is in the center console of the vehicle that you must still show your license and then as evidence quote a statute that says, "on or about the license holder's person." Isn't the center console about one's person when they are in the car?

Something is still bothering me about this and I'm wondering if we're not making too much out of this. I have two questions.

1. Because of the way 4473 forms are handled there is no electronic database linking a gun I purchase new from an FFL, right?

2. When a LEO "runs"a serial number to see if it is stolen, it is merely being checked against a database of known stolen guns' serial numbers, right?

If these two things are true and as long as the LEO is not entering my information and gun's serial number into any other departmental database or notebook or recording it in anything then I am okay with that and much more concerned with their "perceived" fear and the "need" to disarm me at all given the record of CHLs in this state.

What would happen if I had a lock box, like this one http://www.autosafes.net/" onclick="window.open(this.href);return false; and if I were stopped, locked the gun inside before the office approached me? If the officer asked if I were armed what could my response be? Could I say, yes, tell the officer where it was, but still refuse to remove it from the locked safe? How much trouble would I be in? Any?