TexasCHLforum.com

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.

howdy wrote:GC 9411.207. AUTHORITY OF PEACE OFFICER TO DISARM.
(a) A peace officer who is acting in the lawful discharge of the
officets official duties may disarm a license holder at any time the
officer reasonably believes it is necessary for the protection of the
license holder, officer, or another individual. The peace officer shall
return the handgun to the license holder before discharging the license
holder from the scene if the officer determines that the license holder
is not a threat to the officer, license holder, or another individual and if
the license holder has not violated any provision of this subchapter or
committed any other violation that results in the arrest of the license
holder.

I go back and read the laws every now and then and I always find something that perks my interest. Read the red script. If taken literally, it appears the Officer WOULD NOT be required to even return your handgun IF s(he) "thought" you might be a threat. Talk amoungst yourselves.

Oh Im well aware of it.. but did not want to derail the thread....

Taken with just a small grain of salt..... if you were to show any agitation, discontent, unhappyness with the disarming when you were pulled over for a minion non moving traffic violation ... the officer could say he could "Not determine that the license holder is not a threat " After all he could state your discontent (though full cooperation) was a possible indicator you may be a threat.

nightmare wrote:It sounds like MPA is the way to go if you want to avoid stuff like this.

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?

There are a few here that believe so,, as MPA Is the law, and CHL is an exception to the law..and thus CHL only apply s if the exception is needed... Id guess that the LEO, a non lawyer, not up on case law,,,, or every statute IN THE LAW... might just disagree on the side of the road...bad things would then be said and a ride likely if that specific LEO is of the Disarm, run serial numbers, us vs them (them being anyone not a LEO in that department)mentality.

Might beat the rap, but not the ride kind of thing.

I wish there was case law or an AG opinion to clearly point to and say... SEE... MPA applies, even if I have a CHL..... but we do not have that.