Texas - Duty to Inform

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Solaris
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Re: Texas - Duty to Inform

Post by Solaris »

joe817 wrote:I've been stopped 4 times since getting my CHL(now LTC), and in EVERY case before the officer gets a chance to say anything, my standard canned speech is:

"Hi officer, before we get started I think by law, I'm required to tell you that I am a CHL holder and I am armed." 2 out of the 4 cops said "yes you are correct, and thanks for telling me." The other 2 cops said, "That's fine, I don't need to see your CHL."
2 out of the 4 cops were wrong. You do not have to tell them you are armed/CHL "before we get started".
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Scott B.
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Re: Texas - Duty to Inform

Post by Scott B. »

"Do you know why I pulled you over?"

The officer is hoping for...."Is it because of the 50 lbs of weed in my trunk?"
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ScottDLS
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Re: Texas - Duty to Inform

Post by ScottDLS »

Scott B. wrote:"Do you know why I pulled you over?"

The officer is hoping for...."Is it because of the 50 lbs of weed in my trunk?"
"rlol" "rlol" "rlol"

Because I just bought 500g of pseudoephed' for my basement meth lab?
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: Texas - Duty to Inform

Post by atx2a »

So we got a little off track there....as for the original question, is the consensus that duty to inform comes when asked for ID? I've always heard different things, but tend to side with...

- roll down the window(s)
- keep your hands on the wheel
- answer that which is asked of you
- when asked for ID, provide both and notify if armed
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Re: Texas - Duty to Inform

Post by twomillenium »

Bitter Clinger wrote:
mjmccluskey wrote:Another Newbie Question...

Was reading an article with a bit about "Duty to Inform" and it got me thinking. Let's say routine traffic stop for speeding. The officer approaches, my windows are down and my hands are at rest on the steering wheel. The officer will likely ask something like, "Do you know why I pulled you over?".

My initial thought would be to answer something like, " No sir I do not, but I want to let you know.......".

So, what do you say? When do you say it?
In DFW, a speeding ticket is simply a business transaction designed to promote efficient "WEALTH TRANSFER". I have never been asked if I was carrying after handing over both TXDL and LTC. My only surprise is that they didn't run a roadside credit check and ask for my payment on the spot. :mad5
That might be a good way to describe it. But, by speeding you raised your hand when asked "Who wants to participate in the giving side of the WEALTH TRANSFER program". "rlol"
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ScottDLS
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Re: Texas - Duty to Inform

Post by ScottDLS »

To get back on topic, there is no "duty to inform" in the law. There is simply the stipulation that when identification is demanded by a peace officer or magistrate that the LTC must produce both ID and the LTC card, if carrying at the time.

Depending on the circumstances it may be a good idea to inform (that you are armed) and in some it may not... So those are my thoughts on the so called "duty to inform".
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: Texas - Duty to Inform

Post by RossA »

If the cop stops you, he will run your license plates before he comes up to your car. Your plates will link to your TDL and will let him know that you have a LTC. Since he already knows it, why not just tell him that you have a license and a gun/firearm as soon as he approaches? You have nothing to lose and everything to gain if he knows that you are trying to make his life easier.
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Jago668
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Re: Texas - Duty to Inform

Post by Jago668 »

I keep my CHL behind my DL in my wallet. So when asked for my DL I can pull both at the same time. The two times I've been stopped since having it I have handed both at the same time. Both times the officer glanced at the CHL, and handed it back with no comment (one city of Fort Worth, one DPS).

I figure if they want any more information they will ask.
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GeekwithaGun
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Re: Texas - Duty to Inform

Post by GeekwithaGun »

RossA wrote:If the cop stops you, he will run your license plates before he comes up to your car. Your plates will link to your TDL and will let him know that you have a LTC. Since he already knows it, why not just tell him that you have a license and a gun/firearm as soon as he approaches? You have nothing to lose and everything to gain if he knows that you are trying to make his life easier.
partially true, the plates can tell you who owns the vehicle, not who is driving. For example, I own the car my wife drives, but she has no LTC. The vehicle information that comes back is owner, current registration and insurance (if any). Unless I missed seeing the information section for LTC, it wasn't there.

I rode along for a 9 hour shift with our local PD, no LTC's were stopped.
Last edited by GeekwithaGun on Tue Apr 19, 2016 1:43 pm, edited 1 time in total.
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WildBill
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Re: Texas - Duty to Inform

Post by WildBill »

carlson1 wrote:Follow the Officer's instructions. Answer the questions you feel you can answer. When he/her asks for your DL and insurance card hand him/her your LTC. Then follow the instructions to the "T."
:iagree: This is also my advice. No more, no less. :tiphat:
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Re: Texas - Duty to Inform

Post by joe817 »

Solaris wrote:
joe817 wrote:I've been stopped 4 times since getting my CHL(now LTC), and in EVERY case before the officer gets a chance to say anything, my standard canned speech is:

"Hi officer, before we get started I think by law, I'm required to tell you that I am a CHL holder and I am armed." 2 out of the 4 cops said "yes you are correct, and thanks for telling me." The other 2 cops said, "That's fine, I don't need to see your CHL."
2 out of the 4 cops were wrong. You do not have to tell them you are armed/CHL "before we get started".
The issue of right or wrong is irrelevant. And I am fully aware that I have no duty to volunteer that information. But I do, out of respect and courtesy. And I am unanimous in my decision. :smile:
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Solaris
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Re: Texas - Duty to Inform

Post by Solaris »

joe817 wrote:
Solaris wrote:
joe817 wrote:I've been stopped 4 times since getting my CHL(now LTC), and in EVERY case before the officer gets a chance to say anything, my standard canned speech is:

"Hi officer, before we get started I think by law, I'm required to tell you that I am a CHL holder and I am armed." 2 out of the 4 cops said "yes you are correct, and thanks for telling me." The other 2 cops said, "That's fine, I don't need to see your CHL."
2 out of the 4 cops were wrong. You do not have to tell them you are armed/CHL "before we get started".
The issue of right or wrong is irrelevant. And I am fully aware that I have no duty to volunteer that information. But I do, out of respect and courtesy. And I am unanimous in my decision. :smile:
Just saying a lot of cops don't know the law. One LEO told me he could arrest for not informing!
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Re: Texas - Duty to Inform

Post by AJSully421 »

I go ahead and pull my wallet and have everything ready. Some have said not to do that because an officer seeing someone digging and moving makes them nervous. They should be nervous. What that does is eliminate the "problem" of the cop gets up there and you are nervous about going for a wallet that is right beside your sidearm. If your wallet is already out on the arm rest or console, problem solved. But when you have everything ready to go for them and hand it to them while they are going through their intro, it defuses any issues about him seeing you fidgeting pretty quick.

I put DL, CHL, then insurance. Most sort through, hand the CHL back, and keep on going with their checklist of "is this your current address, Etc". A few have asked what I have and where, never disarmed, a couple have said something like "You keep yours where it is, and I will keep mine where mine is." I say "Deal".

I have been a witness to several accidents (I did not cause them, I promise). The officer asked for ID for the report and I hand them both. One handed my CHL back and said "I don't need this."

When in doubt, if a cop asks for ID for any reason, you should show them a CHL too.

To answer your question directly, you are under no obligation to verbally notify an officer at first contact.
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WildBill
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Re: Texas - Duty to Inform

Post by WildBill »

AJSully421 wrote:I go ahead and pull my wallet and have everything ready. Some have said not to do that because an officer seeing someone digging and moving makes them nervous. They should be nervous. What that does is eliminate the "problem" of the cop gets up there and you are nervous about going for a wallet that is right beside your sidearm. If your wallet is already out on the arm rest or console, problem solved. But when you have everything ready to go for them and hand it to them while they are going through their intro, it defuses any issues about him seeing you fidgeting pretty quick.

I put DL, CHL, then insurance. Most sort through, hand the CHL back, and keep on going with their checklist of "is this your current address, Etc". A few have asked what I have and where, never disarmed, a couple have said something like "You keep yours where it is, and I will keep mine where mine is." I say "Deal".

I have been a witness to several accidents (I did not cause them, I promise). The officer asked for ID for the report and I hand them both. One handed my CHL back and said "I don't need this."

When in doubt, if a cop asks for ID for any reason, you should show them a CHL too.

To answer your question directly, you are under no obligation to verbally notify an officer at first contact.
:iagree: This is my SOP.
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Re: Texas - Duty to Inform

Post by Abraham »

We all have our opinions.

I don't volunteer what I'm not asked and it isn't out of disrespect for the LEO.
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