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Quoted:Yes I do get pulled over a lot, about once a month.
Have you ever considered learning how to drive? Didn't you read my post? My place of business is on Ella just south of FM 1960, a heavy crime area. There are lots of police there and we all get pulled over frequently. I've only gotten 2 tickets, 1 for no seatbelt and 1 for expired inspection. So I'd say my driving fine. And poor driving wouldn't excuse officers from acting like they don't know the law either. |
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Didn't you read my post? My place of business is on Ella just south of FM 1960, a heavy crime area. There are lots of police there and we all get pulled over frequently. I've only gotten 2 tickets, 1 for no seatbelt and 1 for expired inspection. So I'd say my driving fine. And poor driving wouldn't excuse officers from acting like they don't know the law either. Let me get this straight. You're just driving through, obeying the laws, looking respectable and all...and the police are simply pulling you over for no reason at all? |
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Let me get this straight. You're just driving through, obeying the laws, looking respectable and all...and the police are simply pulling you over for no reason at all? I don't know the area he is talking about, but I've been pulled over because "I didn't look like I belonged there". I had the audacity of driving an older model car on a major thoroughfare though a fancy neighborhood... The officer got kind of pissed when I asked him what the zip code on my driver's license was and what the zip code I was in was in... same suburb although I lived in the older, poorer part. He turned red, threw my license back at me, stomped back to his car and took off. You just never know sometimes. Profiling doesn't just happen to blacks and hispanics. |
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I don't know the area he is talking about, but I've been pulled over because "I didn't look like I belonged there". On a monthly basis, in the same area? |
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Let me get this straight. You're just driving through, obeying the laws, looking respectable and all...and the police are simply pulling you over for no reason at all? Happens to me alot, just because of my car... Black Z28 with blacked out wheels and loud exhaust... But I am use to it, and I expect it now... just part of owning a "sports car"... |
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I don't know the area he is talking about, but I've been pulled over because "I didn't look like I belonged there". On a monthly basis, in the same area? A few times when I was on call for the weekend and I am on the road at 1-4am they pulled me over randomly to check me for a DUI. Another time they asked me if I was in possession of my car the previous night because it matched the description of a vehicle used in a crime the night before. Most of the other times it was just a "what are you doing in this neighborhood?". And then of course the two times I was actually in violation. I imagine there are a lot of drug deals going on around here. The guys on night shift hear gun shots frequently, as did I when I was on night shift. |
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It seems like after pulling you over in the same area just about every month they'd get to know by now that you belong there. Unless they're rotating in new uniforms every 30 days.
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I found this on San Antonios website... Sec. 21-16. Carrying loaded rifle or shotgun. It shall be unlawful for any person, other than duly authorized peace officers, to carry a loaded rifle or shotgun on any public street within the city or in a motor vehicle while the same is being operated on any public street within the city. (Code 1959, § 26-28) Cross references: Regulation of firearms and weapons, § 21-151 et seq. Could someone define "loaded", outside of the obvious locked-n-loaded, if there is a more specific/legal definition? i.e. loaded mags in the same compartment? Ammo outside of magazines in tins? I occasionally travel to SA with ARs and shoot with family down there... Would be good to know for general CYA... thank you. |
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It seems like after pulling you over in the same area just about every month they'd get to know by now that you belong there. Unless they're rotating in new uniforms every 30 days. I've only seen a "repeat" twice. I think its funny that I make a negative comment about cops and I have several people trying to dismantle my "story". In my experience, the average beat cop knows shit (or pretends in an attempt to scare you) about gun laws. |
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It seems like after pulling you over in the same area just about every month they'd get to know by now that you belong there. Unless they're rotating in new uniforms every 30 days. I've only seen a "repeat" twice. I think its funny that I make a negative comment about cops and I have several people trying to dismantle my "story". In my experience, the average beat cop knows shit (or pretends in an attempt to scare you) about gun laws. I found the same about the average smart ass poster on AR15.com. Especially those that like to denigrate others. |
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It seems like after pulling you over in the same area just about every month they'd get to know by now that you belong there. Unless they're rotating in new uniforms every 30 days. I've only seen a "repeat" twice. I think its funny that I make a negative comment about cops and I have several people trying to dismantle my "story". In my experience, the average beat cop knows shit (or pretends in an attempt to scare you) about gun laws. I found the same about the average smart ass poster on AR15.com. Especially those that like to denigrate others. I guess I shouldn't share any negative experience with cops then. It obvious that people like you get their feelings hurt. I guess from now on I should just give in and do what they want and not carry in my vehicle anymore right? |
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let me make it a little more clear. COPS DONT CARE ABOUT THE BILL NUMBER!!!!!
Hello......... Talk all you want about bill numbers to a cop!!! What they hear is BLAH BLAH BLAH BLAH.... Do you want fries with that blah blah blah OR they will tell you.... " glad you know the law so well I'm sure you will do well in court! " GO to a court and tell them house bill said this and that. they will tell you ITS THE PENAL CODE , Goverment code, VCS, Health and Safety code, Traffic code is what you are being charged with.... THEY DONT GIVE A CRAP ABOUT BILL NUMBERS!!!!! Good to hear you get pulled over a lot for no reason. maybe they just want to laugh at you at the station to what "bill number" you come up with next... |
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Ok, someone help me out here. I looked at the 15 pages of law that txinvestigator provided the link to, but I didn't see anywhere that it says,"It is a defense to prosecution that... the actor may carry a loaded rifle, etc..."
I believe that you can. I would just like to see that piece in writting, so I can make a copy of it, highlight it and keep it with me to SHOW a LEO when he tells me that it is illegal to carry a loaded rifle / shotgun in my car. |
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there isn't one because there is no state law against it.
eta: like txinvestigator said, the law does NOT tell you what you CAN do. it tells you what you CANNOT do. and it doesn't say you cannot carry a rifle. |
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there isn't one because there is no state law against it. eta: like txinvestigator said, the law does NOT tell you what you CAN do. it tells you what you CANNOT do. and it doesn't say you cannot carry a rifle. That's what I figured, but what defense do I have against the LEO that is convinced that his word is the law, when he is convinced that my loaded M4 in my car is illegal? I know that I will beat the rap, but I want to also beat the ride. |
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That's what I figured, but what defense do I have against the LEO that is convinced that his word is the law, when he is convinced that my loaded M4 in my car is illegal? I know that I will beat the rap, but I want to also beat the ride. You've already answered that question yourself. If a LEO is convinced that his word is the law, you don't have ANY legal defense against "the ride". If he doesn't care what the law actually says, why in the world would you be asking for a legal defense against him arresting you? |
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there isn't one because there is no state law against it. eta: like txinvestigator said, the law does NOT tell you what you CAN do. it tells you what you CANNOT do. and it doesn't say you cannot carry a rifle. That's what I figured, but what defense do I have against the LEO that is convinced that his word is the law, when he is convinced that my loaded M4 in my car is illegal? . Has that happened to you? I had a situation once where there was a communication breakdown between a Field Training Officer and his recruit. I was on a PI surveillance and a neighbor finally called in a suspicious vehicle. The recruit never asked me for ID prior to the point where I gave him my CHL, but told me that the next time I failed to show my CHL immediately upon contact they would "take me in". Two problems there. It is not a criminal offense to fail to display your CHL when a LEO requires you to ID, unless your CHL has been suspended ONCE already for that. He NEVER asked me to ID myself prior to my showing my CHL. However, that was a pissing match I was not going to win right there. AND, I wanted them to LEAVE so as not to burn me. I apologized to the recruit and promised to never forget again. As soon as they were gone I called the substation, talked to a supervisor and we had a nice discussion. He apologized, reaffirmed I was correct, and promised to speak to the officer. He even called me back later and explained that the recruit was not clear to the training officer how our contact went, and the training officer told the recruit to warn me. I think most cases can be handled the same way. Don't you? |
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It seems like after pulling you over in the same area just about every month they'd get to know by now that you belong there. Unless they're rotating in new uniforms every 30 days. I've only seen a "repeat" twice. I think its funny that I make a negative comment about cops and I have several people trying to dismantle my "story". In my experience, the average beat cop knows shit (or pretends in an attempt to scare you) about gun laws. I found the same about the average smart ass poster on AR15.com. Especially those that like to denigrate others. I guess I shouldn't share any negative experience with cops then. It obvious that people like you get their feelings hurt. I guess from now on I should just give in and do what they want and not carry in my vehicle anymore right? You can't hurt my feelings. I don't care how you carry. Have a nice day. |
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Has that happened to you? I had a situation once where there was a communication breakdown between a Field Training Officer and his recruit. I was on a PI surveillance and a neighbor finally called in a suspicious vehicle. The recruit never asked me for ID prior to the point where I gave him my CHL, but told me that the next time I failed to show my CHL immediately upon contact they would "take me in". Two problems there. It is not a criminal offense to fail to display your CHL when a LEO requires you to ID, unless your CHL has been suspended ONCE already for that. Right. Only a class B misdemeanor. About 3-4 months after I got my CHL my son and I drove to Montana/Idaho (in the Bitterroot range along the border) for a bear hunt. On the way back I got in a bit of a hurry and got pulled over as I was approaching a town in the TX panhandle. I was not only fairly new to carrying, but this was also the first time I'd been pulled over in years, so wasn't really thinking things through. I handed him my license and registration, but completely forgot the pull out my CHL (I've since made that mistake more difficult to make by keeping the DL and CHL together in my wallet...which I should have been doing in the first place, duh). When he got back to his vehicle and began running my info, with me watching him in the side mirror, I saw him look up and in my direction with what I thought was a concerned look on his face. It was then that my error dawned on me. In that "Oh, crap!" moment I immediately dove back into my wallet, retrieved my CHL and dangled it outside my window in plain view. As he reapproached my side of the car he looked down at my hand with kind of a puzzled expression, which was quickly replaced by a smile when he realized what I was holding. I immediately apologized for not giving him the CHL along with my other documents, and explained that it was still kind of new to me and that the procedure had slipped my mind. Fortunately he was a real nice guy, and he told me not to worry about it. He asked me if I was carrying and, if so, the location of the weapon. I told him it was in the glove box. He then told me that the fact that I was a CHL holder didn't even show up when he ran my DL info, even though it should have. That lucky break was what prevented him from becoming an at least semi-nervous LEO. Then, following a bit of brief chit-chat about what kind of pistol I had, how I liked it, how our hunting trip had been, etc. he cheerfully gave me a warning (asked me to slow it down, be careful,e tc.) and said to have a nice day, and wished us luck on our future hunting endevors. I don't recall ever having had real problems with cops. Be smart (not a smart-ass) and don't argue with them. I've never heard of anyone winning a roadside debate with a LEO. |
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Has that happened to you? I had a situation once where there was a communication breakdown between a Field Training Officer and his recruit. I was on a PI surveillance and a neighbor finally called in a suspicious vehicle. The recruit never asked me for ID prior to the point where I gave him my CHL, but told me that the next time I failed to show my CHL immediately upon contact they would "take me in". Two problems there. It is not a criminal offense to fail to display your CHL when a LEO requires you to ID, unless your CHL has been suspended ONCE already for that. Right. Only a class B misdemeanor. . Unless your CHL has been once suspended for Fail to display a CHL it is not a class B. It is not anything. The officer could write an affidavit to DPS who could suspend your CHL. But it is not a criminal offense to fail to display unless you have previously been suspended for it. |
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Unless your CHL has been once suspended for Fail to display a CHL it is not a class B. It is not anything. The officer could write an affidavit to DPS who could suspend your CHL. But it is not a criminal offense to fail to display unless you have previously been suspended for it. Title 37 of the Texas Administrative Code says differently: §6.43. Failure To Display License On Demand If a license holder is carrying a handgun on or about the license holder's person, then upon demand by a magistrate or a peace officer 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. Violation is a Class B misdemeanor under the Act, §6(i). "the Act" refers to Texas Civil Statutes, Acrticle 4413(29ee), which defines the same offense in the same way. There is no mention of any requirement of a prior CHL suspension in order for a violation to constitute a Class B misdemeanor. See Section 6, paragraphs (g), (h) & (i). |
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Unless your CHL has been once suspended for Fail to display a CHL it is not a class B. It is not anything. The officer could write an affidavit to DPS who could suspend your CHL. But it is not a criminal offense to fail to display unless you have previously been suspended for it. Title 37 of the Texas Administrative Code says differently: §6.43. Failure To Display License On Demand If a license holder is carrying a handgun on or about the license holder's person, then upon demand by a magistrate or a peace officer 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. Violation is a Class B misdemeanor under the Act, §6(i). "the Act" refers to Texas Civil Statutes, Acrticle 4413(29ee), which defines the same offense in the same way. There is no mention of any requirement of a prior CHL suspension in order for a violation to constitute a Class B misdemeanor. See Section 6, paragraphs (g), (h) & (i). 4413 No longer exists. You are referencing an old document. The Texas Administrative Code no longer carries that section. Click here for a direct link to the CURRENT Texas Laws on the Legislature website Sec. 411.205. DISPLAYING LICENSE; PENALTY. (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. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187. (b) A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (a) after previously having had the person's license suspended for a violation of that subsection. An offense under this subsection is a Class B misdemeanor.
As you can see, the Administrative Code was ammended and no longer carries that section. Here is a link to the current Texas Administrative Code The website you pulled that information from is NOT the official Texas Online website. Your link is from a site with a URL of Texas-online-com. Notice the "dashes" in the URL. The official Texas online website is texasonline.com, with no dashes. click here for the REAL Texasonline website. |
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4413 No longer exists. You are referencing an old document. The Texas Administrative Code no longer carries that section. Click here for a direct link to the CURRENT Texas Laws on the Legislature website Sec. 411.205. DISPLAYING LICENSE; PENALTY. (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. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187. (b) A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (a) after previously having had the person's license suspended for a violation of that subsection. An offense under this subsection is a Class B misdemeanor.
As you can see, the Administrative Code was ammended and no longer carries that section. Here is a link to the current Texas Administrative Code The website you pulled that information from is NOT the official Texas Online website. Your link is from a site with a URL of Texas-online-com. Notice the "dashes" in the URL. The official Texas online website is texasonline.com, with no dashes. click here for the REAL Texasonline website. Well, I'll be damned. It looks like my Google skills suck today. I searched on this several different ways and kept coming up with numerous copies of the same (old) information. I stand corrected. Thanks for the info. |
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4413 No longer exists. You are referencing an old document. The Texas Administrative Code no longer carries that section. Click here for a direct link to the CURRENT Texas Laws on the Legislature website Sec. 411.205. DISPLAYING LICENSE; PENALTY. (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. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187. (b) A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (a) after previously having had the person's license suspended for a violation of that subsection. An offense under this subsection is a Class B misdemeanor.
As you can see, the Administrative Code was ammended and no longer carries that section. Here is a link to the current Texas Administrative Code The website you pulled that information from is NOT the official Texas Online website. Your link is from a site with a URL of Texas-online-com. Notice the "dashes" in the URL. The official Texas online website is texasonline.com, with no dashes. click here for the REAL Texasonline website. Well, I'll be damned. It looks like my Google skills suck today. I searched on this several different ways and kept coming up with numerous copies of the same (old) information. I stand corrected. Thanks for the info. I have the Legislature and Administrative Code websites saved in my favorites. VERY useful tools. Have a good evening Dan. |
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I have been pulled over 4 times in the past 8 years. I have never been asked if I had a weapon in the vehicle. And I did every single time. It is not against the law(GOD BLESS TEXAS), to have a loaded weapon in the vehicle. Long arms can be displayed, and handguns must be concealed, CHL or not. Of course, I do not display mine. I would if I could, but I work at an airport and that is kinda frowned upon.
Many local PD might be giving you the wrong answer on purpose. Ever think of that? They might not want you carrying. BTW, if anyone in the DFW area is willing to test the "walking on the streets with a rifle" let me know. That is one that I would love to test on local PD. Un-loaded and slung of course!! Toad |
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I Many local PD might be giving you the wrong answer on purpose. Ever think of that? They might not want you carrying. Toad This is the point I was trying to make. Either they honestly don't know the laws or are trying to discourage you from carrying. |
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This is the point I was trying to make. Either they honestly don't know the laws or are trying to discourage you from carrying. Or maybe both? |
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