Theoretical getting pulled over question...

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

User avatar
Texas Size 11
Senior Member
Posts: 433
Joined: Mon Jun 21, 2010 1:31 pm
Location: Murphy, TX

Theoretical getting pulled over question...

Post by Texas Size 11 »

My wife gets pulled over by a LEO for speeding and is driving. I am in the passenger seat and am carrying. Should I let the LEO know? I know I would if I were driving, but I hate to drive and my wife likes to, so probem solved. Problem is she is prone to lead foot syndrome so this is a realistic scenario for me.
Never pet a burning dog...
User avatar
gigag04
Senior Member
Posts: 5474
Joined: Wed May 04, 2005 7:47 pm
Location: Houston

Re: Theoretical getting pulled over question...

Post by gigag04 »

Only if you're ID'ed.
Opportunity is missed by most people because it is dressed in overalls and looks like work. - Thomas Edison
Griffen
Member
Posts: 145
Joined: Mon Sep 27, 2010 11:10 am
Location: Coppell

Re: Theoretical getting pulled over question...

Post by Griffen »

My wife drives the same way in her little sports car, but I'm rarely a passenger. If that scenario were to occur, she has her CHL and she would present it along with her DL. When asked, she will respond that she is not carrying since she never does (someday she will), and leave it at that. There's no reason to bring up the status of the passenger (me) who is carrying. I see no point in brining up an issue if its not germane to the incident. :mrgreen:
Lifetime NRA Member
Member Texas Firearms Coalition

In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress. -John Adams
User avatar
RoyGBiv
Senior Member
Posts: 9609
Joined: Wed Jan 05, 2011 11:41 am
Location: Fort Worth

Re: Theoretical getting pulled over question...

Post by RoyGBiv »

Would be interesting to hear from a LEO on this, but, if I'm in this situation, I'm likely to volunteer my CHL. It depends on the tone of the stop though.... If the officer is relaxed and it all seems routine, vs. getting stopped by someone who's "having a bad day"...

3 reasons to volunteer it..

1. It avoids possible problems later.... Officer sees it or decides to ask you later, whatever
2. A CHL is proof of a clean criminal record. Maybe does nothing in a traffic stop, but, doesn't hurt.
3. Courtesy... Cops have a thankless enough job... "Officer, I have a CHL and I'm carrying a weapon". If I'm a LEO, I'd appreciate knowing...
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
User avatar
Teamless
Senior Member
Posts: 3241
Joined: Sat Mar 13, 2010 9:51 pm
Location: Houston, Texas

Re: Theoretical getting pulled over question...

Post by Teamless »

RoyGBiv wrote:Would be interesting to hear from a LEO on this
the 1st respondent is a LEO
gigag04 wrote:Only if you're ID'ed.
and gives the right answer.
by law, you only have to divulge that if asked for an ID
If you are not asked, why 'scare' the cop, if he is not thrilled with the fact that a passenger in the car has a weapon.
All that does, in my mind, is says "ok, you get out of the car, let me see your ID's and where is your gun BUT DONT TOUCH IT, I WILL GET IT OUT" from the cop.
No reason to cause issues
If you are thinking "let me show him/her my ID, maybe my wife won't get a ticket", while that possibly (but not likely in my mind) be true, it would probably cause more grief than good
League City, TX
Yankee born, but got to Texas as fast as I could! NRA / PSC / IANAL
User avatar
Tamie
Senior Member
Posts: 366
Joined: Mon Sep 07, 2009 9:42 am

Re: Theoretical getting pulled over question...

Post by Tamie »

If the LEO wants to know he'll ask. Why distract him by answering questions he didn't ask?
User avatar
puma guy
Senior Member
Posts: 7944
Joined: Thu Jul 23, 2009 2:23 pm
Location: Near San Jacinto

Re: Theoretical getting pulled over question...

Post by puma guy »

Teamless wrote:
RoyGBiv wrote:Would be interesting to hear from a LEO on this
the 1st respondent is a LEO
gigag04 wrote:Only if you're ID'ed.
and gives the right answer.
by law, you only have to divulge that if asked for an ID
If you are not asked, why 'scare' the cop, if he is not thrilled with the fact that a passenger in the car has a weapon.
All that does, in my mind, is says "ok, you get out of the car, let me see your ID's and where is your gun BUT DONT TOUCH IT, I WILL GET IT OUT" from the cop.
No reason to cause issues
If you are thinking "let me show him/her my ID, maybe my wife won't get a ticket", while that possibly (but not likely in my mind) be true, it would probably cause more grief than good
Don't want to highjack the thread, but when and why would a passenger be required to show ID. I may be under the false impression that I am not required to provide ID unless I am under some sort of suspicion of violating a law which I wouldn't be doing sitting in a car stopped for the driver speeding.???
KAHR PM40/Hoffner IWB and S&W Mod 60/ Galco IWB
NRA Endowment Member, TSRA Life Member,100 Club Life Member,TFC Member
My Faith, My Gun and My Constitution: I cling to all three!
User avatar
Tamie
Senior Member
Posts: 366
Joined: Mon Sep 07, 2009 9:42 am

Re: Theoretical getting pulled over question...

Post by Tamie »

puma guy wrote:Don't want to highjack the thread, but when and why would a passenger be required to show ID. I may be under the false impression that I am not required to provide ID unless I am under some sort of suspicion of violating a law which I wouldn't be doing sitting in a car stopped for the driver speeding.???
If you don't have a CHL, you're not required to show ID, but I believe you do have to give your name and some other information if a cop asks. You're right that a cop is not likely to ask passengers for ID. I haven't ever seen it as a driver or passenger, but it could happen if there's suspicion of some other crime, like you said. I think there was a story a while back about a passenger getting busted for PI, for example.
User avatar
gigag04
Senior Member
Posts: 5474
Joined: Wed May 04, 2005 7:47 pm
Location: Houston

Re: Theoretical getting pulled over question...

Post by gigag04 »

puma guy wrote:I may be under the false impression that I am not required to provide ID unless I am under some sort of suspicion of violating a law which I wouldn't be doing sitting in a car stopped for the driver speeding.???
This is mostly true, but depends on the officer having an articulable reason to suspect that you are party to some greater offense than violation of the traffic code (ie drug offenses, weapons in the back seat, burglary tools, commonly stolen property, suspicious clothing like masks, gloves...

I know someone will chime in with "I have many of those things in my vehicle." It doesn't take too much rocket science to discern a hard working man from a car/bldg burglar. We recover lots of stolen property and return it to the owners from traffic stops like this.

But...the short answer...usually a passenger is not required to ID themselves. It does make things easier though. Whatever you do, don't give a false name because you will get caught and get arrested (Class B Misdemeanor).
Opportunity is missed by most people because it is dressed in overalls and looks like work. - Thomas Edison
User avatar
jamisjockey
Senior Member
Posts: 554
Joined: Wed Sep 22, 2010 8:22 am
Location: Pearland, TX
Contact:

Re: Theoretical getting pulled over question...

Post by jamisjockey »

Tamie wrote:If the LEO wants to know he'll ask. Why distract him by answering questions he didn't ask?

This. In a traffic situation, you're not the primary. The officer isn't interested in you, beyond keeping an eye on you for safety. If he asks for ID, you are compelled to give him your CHL if you're carrying.
So if he asks either for ID, or if you've got a weapon, sure.
Even if he just asks you questions without asking for ID, telling him you're a CHL holder will just muddy the waters. He's the cop, let him ask the questions.
User avatar
Waco Kid
Member
Posts: 57
Joined: Sat Dec 04, 2010 7:49 pm

Re: Theoretical getting pulled over question...

Post by Waco Kid »

How about if the officer asks the question "do you have any weapons in the vehicle?"

If the driver doesn't know the passenger is carrying, does the passenger speak up and offer the CHL?

What about if the driver does know the passenger is carrying?

{since we're waxing theoretical here :) }
User avatar
Teamless
Senior Member
Posts: 3241
Joined: Sat Mar 13, 2010 9:51 pm
Location: Houston, Texas

Re: Theoretical getting pulled over question...

Post by Teamless »

Waco Kid wrote:does the passenger speak up and offer the CHL?
if the CHL holder hears the question, in that case, then if I am him, I will answer, "I am a CHL holder and carrying"
League City, TX
Yankee born, but got to Texas as fast as I could! NRA / PSC / IANAL
powerboatr
Senior Member
Posts: 2276
Joined: Mon Mar 23, 2009 9:53 pm
Location: North East Texas

Re: Theoretical getting pulled over question...

Post by powerboatr »

Can I throw some more wax
it seems that more and more troopers are pulling off the road and approaching the passenger side in the name of safety for him/he as well as the occupants of the vehicle.
So if he comes to the passenger side and your the passenger with a concealed item.
one would think in the name of safety he would ask the passenger if the have a firearm or chl as he is now very close proximity to the passenger as the driver hands over their dl and insurance card


me myself and I, as the passenger in this situation, would feel better letting the officer know i was carrying
it makes me feel safer
and i am sure it would the trooper as well as he is standing right next to me....and my firearm would be close to the passenger door out of sight in its holster.

They have a thankless job and there are rotten ones out there, but on the side of the road is not the place IMO to be weeding out the bad ones
Proud to have served for over 22 Years in the U.S. Navy Certificated FAA A&P technician since 1996
User avatar
ScottDLS
Senior Member
Posts: 5099
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Theoretical getting pulled over question...

Post by ScottDLS »

gigag04 wrote:
puma guy wrote:I may be under the false impression that I am not required to provide ID unless I am under some sort of suspicion of violating a law which I wouldn't be doing sitting in a car stopped for the driver speeding.???
This is mostly true, but depends on the officer having an articulable reason to suspect that you are party to some greater offense than violation of the traffic code (ie drug offenses, weapons in the back seat, burglary tools, commonly stolen property, suspicious clothing like masks, gloves...

I know someone will chime in with "I have many of those things in my vehicle." It doesn't take too much rocket science to discern a hard working man from a car/bldg burglar. We recover lots of stolen property and return it to the owners from traffic stops like this.

But...the short answer...usually a passenger is not required to ID themselves. It does make things easier though. Whatever you do, don't give a false name because you will get caught and get arrested (Class B Misdemeanor).
I'm with (LEO) GigAg on this one. You are not required to identify yourself unless you (not the driver) are "detained". In order to "detain" you the LEO must have a Reasonable Articulable Suspicion ("RAS") that you are "party to some ... offense". You are generally not detained just because the person you're riding with was pulled over, unless the RAS exists with respect to you. If you are carrying and have a CHL and the LEO asks you for ID, you are required by law to produce your ID and CHL. There is no penalty for failing to do so. However, if LEO asked you for ID and had RAS that you were carrying (bulge...or whatever), he may then detain you...his RAS is that you are UCW (46.02) because you didn't produce CHL. At that point you still have the right to remain silent. You may be arrested for UCW. If you had your CHL on you, and the State couldn't prove beyond a reasonable doubt that you didn't, then you wouldn't be convicted, but you would take the proverbial "ride".

As GigAg points out, if you are not carrying and asked for ID you are under no obligation to produce or verbally (...yeah...yeah..ORALLY) provide one. However, if you are lawfully detained or arrested, and you provide a false name, you may be guilty of a class B misdemeanor.
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!!!!"
Abraham
Senior Member
Posts: 8406
Joined: Tue Aug 14, 2007 8:43 am

Re: Theoretical getting pulled over question...

Post by Abraham »

I think a small percentage of CHLers are just dying to be asked for I.D. by an LEO and if not asked, they'll go out of their way to proudly volunteer it - that's kinda lame...

Relax - If an LEO asked you for I.D. show them - if not, chill, you won't get in trouble later for not volunteering your CHL status.

Police are stressed enough keeping up with that they choose to look into without Bubba interrupting them to proudly display his CHL status.
Post Reply

Return to “General Texas CHL Discussion”