Notify LEO You're Armed?

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The Annoyed Man
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Re: Notify LEO You're Armed?

#16

Post by The Annoyed Man »

rotor wrote:Never volunteer more than required.
You guys/girls seem to be pulled over an awful lot.
Not me. My last moving violation (65 in a 55 zone) was on Christmas Eve, 1999, on Kanan Dume Road, coming from Point Dume to Calabassas.
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steveincowtown
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Re: Notify LEO You're Armed?

#17

Post by steveincowtown »

Soccerdad1995 wrote:
steveincowtown wrote:
Abraham wrote:In Texas, I will show my DL and my LTC to LE, but unless asked, I won't notify I'm armed.

It's not impolite or illegal to keep my yap closed regarding my status of being armed, again, unless asked by LE.
:iagree:

Two other points:

#1> Any LEO worth his salt should presume each and every encounter is an armed encounter.

#2> With so many incidents of fake LEOs pulling people over, I have a real issue with the fact that we have to notify in Texas.

Unless in a state where required to do so, I do not notify the LEO of anything until him finding out is eminent.
Regarding your point #2, why would any even half way sane person decide to take on an armed victim when they could just give that person a "warning" and choose another victim who won't be so well equipped to fight back?

Yes I know that criminals don't think like the rest of us, but are they really going out of their way to take on the toughest victims they can find?

Methinks you forgot that Texas LEO's have a right to disarm you during a stop:

Here is the scenario:

Fake LEO pulls you over and ask for DL and Insurance information.

Being a good CHL holder you present your DL, Insurance, Texas CHL

Fake LEO says, "For your safety and mine, and in accordance with Texas state law, I am going to ask you to disarm for the duration of this stop."

Being a good CHL holder you ask him how you would like to proceed.

Fake LEO disarms you and now has your gun in his hands.

Now that you are out of the car you realize the something is fishy and not only did a fake LEO just take your gun, you are now standing on the side of the road unarmed.
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JustSomeOldGuy
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Re: Notify LEO You're Armed?

#18

Post by JustSomeOldGuy »

The Annoyed Man wrote: The law does not require us to verbally volunteer notification. We are only required to notify when we are asked for ID, and the required method of notification is to present the carry license along with your TDL or state-issued ID. {stuff deleted here} Show the license if you are armed when you are asked for ID, and then let the officer ask if you're actually armed or not {stuff deleted here} the way the law is written - notification by presenting of license only being required IF you are armed - if you present the license, I think they'll probably assume that you are armed, and only ask by way of confirmation.
:iagree:
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bblhd672
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Re: Notify LEO You're Armed?

#19

Post by bblhd672 »

steveincowtown wrote:

Methinks you forgot that Texas LEO's have a right to disarm you during a stop:

Here is the scenario:

Fake LEO pulls you over and ask for DL and Insurance information.

Being a good CHL holder you present your DL, Insurance, Texas CHL

Fake LEO says, "For your safety and mine, and in accordance with Texas state law, I am going to ask you to disarm for the duration of this stop."

Being a good CHL holder you ask him how you would like to proceed.

Fake LEO disarms you and now has your gun in his hands.

Now that you are out of the car you realize the something is fishy and not only did a fake LEO just take your gun, you are now standing on the side of the road unarmed.
I don't understand your point. Yes the law as written could potentially allow that scenario to occur. But it doesn't matter because you have to comply with the law to notify the LEO you are armed if asked.

There must be a great number of incidents of "fake cops" pulling people over in Texas than are being published for you to express so much concern. Perhaps in the daily news of murders, robberies, assaults and other crimes in Texas these "fake cop" stories aren't getting any coverage.
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steveincowtown
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Re: Notify LEO You're Armed?

#20

Post by steveincowtown »

bblhd672 wrote:
There must be a great number of incidents of "fake cops" pulling people over in Texas than are being published for you to express so much concern. Perhaps in the daily news of murders, robberies, assaults and other crimes in Texas these "fake cop" stories aren't getting any coverage.
Doesn't happen daily, but it does.

- Fake copy pulls over and then sexually assaults a women in Carrolton, TX

http://www.nbcdfw.com/news/local/Fake-O ... 65741.html


- Rowlett, TX

http://dfw.cbslocal.com/2015/06/28/woma ... res-story/

- "Yet another Fake Cop attacks Dallas Women"

http://dallas.culturemap.com/news/city- ... on-denton/

- Mesquite, TX

http://www.dallasnews.com/news/crime/20 ... ce-officer

and as many other stories as you care to read with a simple Google search.


I also grew up in VA during yet to be solved "Colonial Parkway Murders." Where someone they believe was posing as a officer killed at least 8 people.

https://en.wikipedia.org/wiki/Colonial_Parkway_Killer


The "must notify" law is has the same issue that the 30.06 sign law does....Good guys/safe guys will follow the law, and bad guys/criminals will not.
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ScottDLS
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Re: Notify LEO You're Armed?

#21

Post by ScottDLS »

bblhd672 wrote:
steveincowtown wrote:

Methinks you forgot that Texas LEO's have a right to disarm you during a stop:

Here is the scenario:

Fake LEO pulls you over and ask for DL and Insurance information.

Being a good CHL holder you present your DL, Insurance, Texas CHL

Fake LEO says, "For your safety and mine, and in accordance with Texas state law, I am going to ask you to disarm for the duration of this stop."

Being a good CHL holder you ask him how you would like to proceed.

Fake LEO disarms you and now has your gun in his hands.

Now that you are out of the car you realize the something is fishy and not only did a fake LEO just take your gun, you are now standing on the side of the road unarmed.
I don't understand your point. Yes the law as written could potentially allow that scenario to occur. But it doesn't matter because you have to comply with the law to notify the LEO you are armed if asked.

There must be a great number of incidents of "fake cops" pulling people over in Texas than are being published for you to express so much concern. Perhaps in the daily news of murders, robberies, assaults and other crimes in Texas these "fake cop" stories aren't getting any coverage.
You DON'T have to notify the police that you are armed, even if carrying under the authority of your LTC, you simply must produce your LTC when asked for ID while armed. After that you have the right to remain silent... :rules:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

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Re: Notify LEO You're Armed?

#22

Post by NNT »

bdgyeah wrote:

I know others may disagree, but I like the idea of a Terry Stop. For me it's a question of, how many felons have been jailed, and how many murders, rapes, etc., have been prevented, versus how many people got their feelings hurt?

I would be one to disagree. I know life is not black and white and we give up some liberty to live in a society and find bad guys. But I don't take lightly giving up rights. I don't take being frisked and property searched as 'feelings hurt', it is the ultimate invasion of privacy. Do you have the same feel of letting an officer search your house and home safe? No problem if you have nothing to hide, right?
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Re: Notify LEO You're Armed?

#23

Post by E.Marquez »

Soccerdad1995 wrote: In Louisiana, there is a requirement to inform, so I will do so while choosing my words VERY carefully. I research the rules for other states before going there with a firearm.
When im in Louisiana traveling, and i get stopped, I'll do what worked for me the one time it happened. (I was being checked for commercial use without proper registration and licensing, vehicle marking) I handed over both CHL and DL, and suggested "Officer, please take note of the card on top, tell me how to proceed" He responded "Dont show me yours and I wont show you mine" handed the CHL back without another word...confirmed i was not a HotShot operator working dirty and on my way i went.
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Soccerdad1995
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Re: Notify LEO You're Armed?

#24

Post by Soccerdad1995 »

NNT wrote:
bdgyeah wrote:

I know others may disagree, but I like the idea of a Terry Stop. For me it's a question of, how many felons have been jailed, and how many murders, rapes, etc., have been prevented, versus how many people got their feelings hurt?

I would be one to disagree. I know life is not black and white and we give up some liberty to live in a society and find bad guys. But I don't take lightly giving up rights. I don't take being frisked and property searched as 'feelings hurt', it is the ultimate invasion of privacy. Do you have the same feel of letting an officer search your house and home safe? No problem if you have nothing to hide, right?
:iagree:

It's a slippery slope. Stop and frisk, traffic stop and vehicle search, search of nearby homes after a store robbery. All of these would no doubt catch some criminals. But IMHO, none are worth the cost.
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Re: Notify LEO You're Armed?

#25

Post by suthdj »

21-Apr-09 filed online
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Re: Notify LEO You're Armed?

#26

Post by Jusme »

suthdj wrote:

Great video, pretty much sums up the proper (and improper) way to deal with LEO when stopped.
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Re: Notify LEO You're Armed?

#27

Post by E10 »

I used the 'Texas method' of presenting both licenses when stopped some years ago in New Mexico, which has no disclosure requirement. The State Police officer asked if it meant I was armed, and when I replied in the affirmative, he thanked me for letting him know, and expressed the sentiment that being armed when far from home was a good idea, especially in the remote area where the stop occurred. I still got a ticket, but we both parted with some respect for each other.

As to the concept of a 'Terry Stop', I don't recall any such thing mentioned in the Fourth Amendment. Legally carrying a handgun under the auspices of a state license (whether it's the home state or one that with established reciprocity) does not give any law enforcement officer probable cause to conduct a search. If I don't consent to a search, the search Is illegal, and any 'evidence' is inadmissible.
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Re: Notify LEO You're Armed?

#28

Post by ScottDLS »

E10 wrote:I used the 'Texas method' of presenting both licenses when stopped some years ago in New Mexico, which has no disclosure requirement. The State Police officer asked if it meant I was armed, and when I replied in the affirmative, he thanked me for letting him know, and expressed the sentiment that being armed when far from home was a good idea, especially in the remote area where the stop occurred. I still got a ticket, but we both parted with some respect for each other.

As to the concept of a 'Terry Stop', I don't recall any such thing mentioned in the Fourth Amendment. Legally carrying a handgun under the auspices of a state license (whether it's the home state or one that with established reciprocity) does not give any law enforcement officer probable cause to conduct a search. If I don't consent to a search, the search Is illegal, and any 'evidence' is inadmissible.
I agree with your sentiment and you are correct that legally carrying doesn't provide PC for a "search". However, per Terry vs. Ohio...a reasonable, articulable suspicion that you are committing a crime IS enough for a "Terry Stop" and a light pat down for weapons. I think it's a stupid decision, but as the leftists like to say, it is the "law of the land".
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

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Re: Notify LEO You're Armed?

#29

Post by Bruin98 »

I got pulled over in MO for a headlight out. I had a note card with all the rules but dropped it and he got to my door before I could recover it.

Not knowing I handed him my cards and told him I had a gun in the car.

He damn near passed his pants, jumped back and put his hand on his gun.

I said, sir, my hands aren't leaving this steering wheel.

He recovered and told me to get my headlight fixed.

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Re: Notify LEO You're Armed?

#30

Post by casp625 »

ScottDLS wrote:
E10 wrote:I used the 'Texas method' of presenting both licenses when stopped some years ago in New Mexico, which has no disclosure requirement. The State Police officer asked if it meant I was armed, and when I replied in the affirmative, he thanked me for letting him know, and expressed the sentiment that being armed when far from home was a good idea, especially in the remote area where the stop occurred. I still got a ticket, but we both parted with some respect for each other.

As to the concept of a 'Terry Stop', I don't recall any such thing mentioned in the Fourth Amendment. Legally carrying a handgun under the auspices of a state license (whether it's the home state or one that with established reciprocity) does not give any law enforcement officer probable cause to conduct a search. If I don't consent to a search, the search Is illegal, and any 'evidence' is inadmissible.
I agree with your sentiment and you are correct that legally carrying doesn't provide PC for a "search". However, per Terry vs. Ohio...a reasonable, articulable suspicion that you are committing a crime IS enough for a "Terry Stop" and a light pat down for weapons. I think it's a stupid decision, but as the leftists like to say, it is the "law of the land".
There has to be reasonable suspicion of a crime AND they believe you are armed and dangerous. Speeding by itself wouldn't justify a pat down but there is nothing stopping the officer from doing so. Your only recourse would be to complain later of a violation of your rights.

Of course, handing over your CHL let's the officer know your armed so a pat down would seem redundant since they could easily ask you where your firearm is located :leaving
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