TexasCHLforum.com

Hello everyone, I've spent most of my time here lurking, but I have couple questions. First, when a Texas State Trooper, or I'm assuming all Peace Officers pull someone over for a traffic stop, are they required to identify themselves with their name and department?

Also, I've recently seen this, and was a little interested in everyone else's opinions. A young man was pulled over for some sort of traffic violation, the officer asks him to step out of the vehicle, which causes him to expose his handgun that was in (I'm assuming) the door of the vehicle. The handgun is concealed while all doors are closed, but not once the drivers door is open. This young man has no CHL for clarification. He was arrested for having the handgun in the car exposed. I was curious on what the law said about that.

chandler583 wrote:Hello everyone, I've spent most of my time here lurking, but I have couple questions. First, when a Texas State Trooper, or I'm assuming all Peace Officers pull someone over for a traffic stop, are they required to identify themselves with their name and department?

Also, I've recently seen this, and was a little interested in everyone else's opinions. A young man was pulled over for some sort of traffic violation, the officer asks him to step out of the vehicle, which causes him to expose his handgun that was in (I'm assuming) the door of the vehicle. The handgun is concealed while all doors are closed, but not once the drivers door is open. This young man has no CHL for clarification. He was arrested for having the handgun in the car exposed. I was curious on what the law said about that.

Some depts. like for an officer to do that, but that is why an officer wears a uniform with a badge, name tag and dept. patch.

Scenario 2 is to vague to answer. The gun could have been seen from the officers approach on the side of the car. Officers do not always approach on the driver's side of the car.

chandler583 wrote:Hello everyone, I've spent most of my time here lurking, but I have couple questions. First, when a Texas State Trooper, or I'm assuming all Peace Officers pull someone over for a traffic stop, are they required to identify themselves with their name and department?

Also, I've recently seen this, and was a little interested in everyone else's opinions. A young man was pulled over for some sort of traffic violation, the officer asks him to step out of the vehicle, which causes him to expose his handgun that was in (I'm assuming) the door of the vehicle. The handgun is concealed while all doors are closed, but not once the drivers door is open. This young man has no CHL for clarification. He was arrested for having the handgun in the car exposed. I was curious on what the law said about that.

Any other charges? Was this DPS in Brazos County?

No, this came up in Harris County. I'm not sure on all details, I heard this scenario second hand. Assuming you could not see it even if the officer approached from the passenger side.

chandler583 wrote:No, this came up in Harris County. I'm not sure on all details, I heard this scenario second hand. Assuming you could not see it even if the officer approached from the passenger side.

hearing it 2nd hand means you don't know what really happened.

No, I don't. But, I have often wondered about what would happen in that situation.

If I were in that situation, I would (and do) take my jacket and put my right arm as I get out of the car. This covers my gun even if I never put my left arm in. I'd also explain that I was covering up my pistol and if the officer didn't want me to do that, then I'd get out without the jacket. That would not be a violation because you are following a lawful order of a LEO and he/she prevented you from complying with TPC §46.035(a).

Chas.

My admittedly snotty response ( ) is to say that I don't drive in a manner calculated to get me pulled over.

That said, I have been stopped twice for administrative/safety reasons: once for an expired inspection sticker, and once for a burned out break light bulb. I have contemplated keeping my pistol in the door panel as described above, but decided not to, exactly for the reasons described above.

I agree with you, I just wouldn't keep it there. I think it's a slippery slope, and I would not want to be the test case for this, but I will try to keep up with this case and let everyone know how the gentleman made out.

Would it be proper to say something to the affect of "Under the authority of MPA, there is a concealed firearm about my person. I cannot get out of my vehicle without exposing it. Would you still like for me to exit the vehicle?"

I assume this may get you a good looking over by the officer to make darn sure it was concealed. Assuming that it is concealed, you would them be asked by the officer to expose the weapon at his/her request?

goose wrote:Assuming that it is concealed, you would them be asked by the officer to expose the weapon at his/her request?

Charles's answer above answers that question.

The Annoyed Man wrote:

goose wrote:Assuming that it is concealed, you would them be asked by the officer to expose the weapon at his/her request?

Charles's answer above answers that question.

Agreed. I just wanted to hear that someone read it the same way. Thank you sir.

Charles L. Cotton wrote: I would (and do) take my jacket and put my right arm as I get out of the car. This covers my gun even if I never put my left arm in. .

It's probably just me, but I don't understand. Did you mean to say. "...put my right arm in... If so, how does this cover a gun in the door pocket?

I think Charles mis-interpreted the scenario as someone had basically gotten into a car with his CHL on but had taken his jacket off, so now it's not "C'd" so-to-speak.

chandler583 wrote:A young man was pulled over for some sort of traffic violation, the officer asks him to step out of the vehicle, which causes him to expose his handgun that was in (I'm assuming) the door of the vehicle. The handgun is concealed while all doors are closed, but not once the drivers door is open. This young man has no CHL for clarification. He was arrested for having the handgun in the car exposed. I was curious on what the law said about that.

In a similar traffic stop, if an open container of alcohol stored in the same location in the vehicle would be considered "in plain view" then I think his handgun was in plain view.