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Traffic Stop While Carrying – Texas

So, how should you handle a police encounter
when you’re driving in your car and all of a sudden you see the flashing red or blue
lights behind you? Well, first thing is pull off to the right
side of the road as quickly as possible. If it’s nighttime, put on your dome light. If it’s daytime, roll down your windows. When the officer approaches your window, just
be calm, polite and follow all of his instructions. If you’d like to have further clarification
about what he needs from you, asking a calm question is never a bad idea. He’ll instruct you specifically as to how
he wants you to behave. What happens if when you get pulled over you
have a Texas license to carry a handgun? Well, the law in this area is a little bit
confusing. So, we’ll walk through it. First of all, if you have a license to carry,
the only time you’re legally obligated to show it to the officer is when you are, in
fact, carrying, so if you have a gun in your car and you have a license to carry, you should
hand over that license with your driver’s license. Now, this is what starts to get a little bit
confusing. Technically there is no penalty for failing
to hand over the license. The law is on the books. The law says you must hand it over if you’re
carrying. However, the legislature has failed to include
a penalty in this law. So, if you forget, if you decline to hand
over your license, nothing bad is going to happen to you except that you might have an
angry officer on your hands. Frankly, we recommend that any time you have
a license to carry a handgun and you’re pulled over, you should hand over your license to
carry with your driver’s license. Even if you’re not carrying,even if you don’t
think you should have to, it’s just something that can be helpful in your traffic stop. The officer will oftentimes already know that
you have one from having run your driver’s license when he pulled you over. And officers tend to like people who have
a license to carry. It might make your traffic stop a little bit
more pleasant. What happens if you have a gun in your car
when you’re pulled over? Do you have an affirmative duty to tell the
officer about the presence of weapons? No, actually you don’t. And in fact, we recommend that you not affirmatively
disclose this information. It could complicate a traffic stop that would
otherwise be very ordinary, very run-of-the-mill. If you have a license to carry, you should
hand it over and your officer will probably say, Is there a gun in the car? Absolutely be honest. Tell them exactly where it is. Don’t reach for it when he asks you that,
but make sure he knows where it is in the car. If you don’t have a license to carry and he
just happens to ask you this question, Do you have anything in the car I should know
about, any weapons, firearms, of course be honest. But we recommend not disclosing this information
before you’re asked. Do the police need a warrant to search your
car after you’ve been pulled over? No. Actually this is one of the largest exceptions
to the warrant requirement. All a police officer has to do is articulate
that he has probable cause that there’s evidence of a crime in your vehicle. So long as he can say he has probable cause,
he’s allowed to search your car, no warrant required.

58 thoughts on “Traffic Stop While Carrying – Texas

  1. The info regarding a warrant is the EXACT opposite of what our program attorney told us at the Surviving an Active Shooter seminar I attended 10 days ago. He specifically told us to nicely advise the officer that we would NOT agree to a search and make the officer get a warrant.

  2. This has worked for me many times and has gotten me out of a few tickets:

    Upon pulling over take out both the Driver Lic, and the CHL card. Immediately surrender them to the officer when he/she gets to the window, and place and keep both hands on the steering wheel at the 10 and 2. Say exactly this, "Hello sir/ma'am here is my license and chl, I do have a gun in the car, it is loaded but there is no round in the chamber, it's (tell them where), and I am willing to surrender the weapon to you if you want it"

    If you do not have a gun in the car say the same thing only tell them the gun is not in the car.

    Doing this demonstrates to the officer that you have concern for their own saftey and that you wish to play a key role in helping to ensure their personal safety. Police officers usually appreciate the effort. On a few occasions they have returned to the window and just gave me a verbal to slow it down a bit.

    Now if asserting your rights is what you want to do you're allowed. And I support citizens rights. However a little curtesy in my eyes is not you giving up your rights. I recognize fully that I am going above and beyond my requirements. I willingly do this as a curtesy to the officer. That said I do wish more officers were a bit more patient with citizens that do want to assert their rights.

  3. I have one comment on this vid, although "nothing bad" will happen if you fail or refuse to show your LTC during a traffic stop (assuming you have one), due to Texas not being a constitutional carry state, if you are asked for identification by a peace officer who knows you are armed and you are NOT in your vehicle and you are in a public place and you fail to do display you license he or she can safely assume you do not have a valid LTC and detain you for suspicion of TPC 46.02 unlawful carrying a weapon. If you end up not having one well, you will get arrested for Unlawful Carrying a Weapon.

  4. I'm not sure if I can entirely agree with this video when she says that if an officer asks if you have weapons in your car, then you should be "honest" and tell the officer yes.  The 5th Amendment  always guarantees a person the right to remain silent. A person who is detained is under no obligation to answer a police officer's questions whatsoever.  I do agree that you should NOT reach for your gun if you have one as she mentioned in the video. I also agree that you should NOT affirmatively disclose to the officer that you have a gun in your vehicle, even if the officer never asked you in the first place.   However, if an officer does actually ask a person if he/she has a gun in the car, a person should still NOT answer. The person should just simply say " I respectfully refuse to answer any questions during any police interrogation".

  5. I live in San Bernardino county CA. My CCW is good statewide but still subject to local laws. All of us CCW holders here sign an agreement every other year that our Sheriff stipulates that whenever we have contact with any Law Enforcement, we must inform him/her that we are carrying or have a firearm in the car. We are allowed 3 guns on our CCW and it better be one of them on our license. If you fail either of the above you will probably loose your CCW and never get another one.

  6. what if the officer fabricates p.c? for instance, I personally don't smoke weed, but if I'm pulled over and he asks if he can search my vehicle, and I say no, he can say "I smell weed coming from ur car." that's considered probable cause but only cuz he's lying. how can u prove that ur rights have been violated? it's simple, I can't because it's my word vs his. so me, a law abiding citizen can be accused of commiting a crime by someone​who is actually commiting a crime and no one will believe me. ain't that some shit? MERICA!!!!!

  7. We were told that if we failed to show our CHL to any and all law enforcement whether we had one on us or not. also that failure to do so would mean jail , lose of firearms rights and time in prison as a felon.

  8. In Texas, you can carry/ transport a gun in your car. No permit needed. Just needs to be our of sight. Texas penal code 46.02. I would advise letting the cop know you have a gun. Just be careful when using the word gun. The cops sidekick on the other side of the car may unload on you.

  9. Just roll over, sit pretty, lie down, sit, shake a paw, and do everything the nice officeer tells you to do. Don't worry about your rights. Just give them up voluntarily.

  10. DISCLAIMER: persecution my come with exercising you rights depending on the person you encounter… I'll keep this short lol… It's not a law if there is no penalty…it's a suggestion so I'm not legally obligated …and actually the legislature amended out the penalty in 2009 why??? Don't forget about the castle doctrine???…5TH AMENDMENT…stick to the purpose of the traffic stop and don't forget Mr. Miranda…don't even answer question about the stop just give your required documents and let them figure it out…a police job is to build cases…

  11. This video if followed to the letter is gonna land you in jail so fast !! Never Never give concent to a serch !!! Always invoke your 5th !!! The cop is an expert at lying to you and an excelent fisherman !! Anything you say will be used against you !!

  12. Fortunately this is exactly as described in a Texas Law Shield seminar I attended and was discussed by a local police officer and program attorney. Thank you.

  13. I'm a Texas Law Shield member, and I'd like to see some work done on cleaning up the language in the laws. I was recently warned that the magnetic gun mount I'm using is illegal. You CANNOT see my gun, while standing outside of my vehicle; even while peering inside my window, if I am sitting inside the car. Only if a cop forced me to exit, and searched my vehicle; could they possibly see my mounted pistol. If my car is an extension of my home, and since Texas allows open carry with a license; why is it possible that I could still face a class A misdemeanor, if some overzealous cop claims my gun is in plain sight? It is ludicrous, that I could be wearing a cross draw driving holster or a shoulder holster in my car, and not be in violation of the law; but I could go to jail and lose my license, because I mounted my gun where I could effectively deploy it, if needed to protect myself! What is magical about a holster? I would like organizations that claim they are looking out for law abiding Texans, exercising our Constitutional, Second Amendment Rights; to address these inconsistencies and define ambiguous terms like "in plain view".

  14. been pulled over with a trunk full of guns (and I was 18) Just said "hey officer, just letting you know, I've got guns in the car "

  15. If i have a registered gun, do i need a permit to carry in my car not visible of course but do i get prosecuted for it?

  16. I don't get it. If the cops ALREADY know that you have a LTC just with your DL, what's the point of giving them your LTC license then? Why even get one if they are parody? And why would he/she get mad at me for not giving it to them? They should get mad at the politicians for making it unclear.

  17. Everytime I've been pulled over and I'm carrying I tell them first thing I have a firearm on me and all they say is "so do i"

  18. Whenever I was pulled over for minor traffic violation, I have always stopped. Under H.B..1815 Texas motorist protection act, I have been asked if had weapon, that's when I tell that I do, and they are more than welcome to check it out if they want to I also said I understand if you need to detain me (like Handcuffs I am more than willing to cooperate) I want them to know that I am not a threat to them, Being retired military hasn't hurt me either. Courtesy always helps too they  are just doing their job.  I pretty much only get a warning.  Nice knowing I don't have to look over my shoulder through life.

  19. 'the right to bear arms shall not be infringed'

    unless the cop wants to infringe it then there is nothing you can do.

    and the whole 'probable cause' is just an excuse to search without a warrant.
    the cop can say 'you were acting funny' 'you were sweating' 'i smell weed' and search. even if none of it is true who the frick is gonna believe you?

    Good bye US Constitution. i love you dearly.

  20. When pulled over you should immediately start acting paranoid, start looking in the mirrors, move around in the car a lot, spray some air freshener and chew about 5 sticks of gum, the cop wont be suspicious of anything.

  21. This video is definitely not good advice on your 5th amendment right. I'm not a lawyer, but how is voluntarily disclosing possible existence or evidence of a crime in your vehicle best interest? Having a gun in your vehicle is not a crime in Texas, and it is none of the police officer's business and can only serve to give the police a pretext for reasonable suspicion. 9/10 times, once you are pulled over, you are getting a citation, so be polite, and when the police start asking questions you do not have to answer, simply ask the policeman to complete the stop so you both can be on your way. Answering questions is the fastest way to find yourself outside your vehicle while you and your vehicle are searched. Be polite, decline to answer questions and ask to be on your way "am I free to go". The police can only detain you long enough to reasonably conduct the traffic stop; they do not get to detain you whilst they wait for a K-9 unit to walk around your vehicle and then magically claim the dog alerted… They can try, but you should have smart phone camera running by now and they will lose in court.

  22. The less you say to the police the better. Don't answer any questions without an attorney present. When they ask you why you won't answer beyond necessary to ID explain that you know they intend to use your answers against you in a court of law and you are invoking your 5th amendment and Miranda right to remain silent beyond identification and demand questioning stop until you get an attorney present. It's the law. It's meant to protect you. Use it.
    Look up EDDIE CRAIG traffic stop script.

  23. I’m moving from VA to Austin in a couple of months. I carry concealed everywhere in the USA under LEOSA (retired). During a traffic stop, I would not disclose to any officer that I was carrying because it is a legal activity and informing an officer that carrying under LEOSA is not required by any state law, to include Texas. (I am not concerned about “courtesy”). If I get stopped by a traffic cop, then I most likely committed a traffic violation. If I didn’t, then I’ll take it up with the judge. As for the traffic cop, just give me my citation, let’s not have a conversation about it, and I’ll move on about my business.

  24. That's a load of CRAP! An officer cannot "make up" a reason and call it Probable cause. the law actually says an officer must "Have" a probable cause, meaning there must be something in the car (that he can see in plain sight), that GIVES him a probable cause. I agree with being polite and respectful with any officer, but you do not have to cooperate and help the officer to detain you. Refusing to answer any non-pertinent questions does not create probable cause or reasonable suspicion for the officer.

  25. When I’m pulled over I let all my windows down especially late evening. Then I immediately get out license and Ltc. After that I place my hand back on the wheel until he gets to my door and begins to speak. I give him the utmost respect and that has always worked for me. 👍🏾

  26. Going by some of the comments you can quickly spot the 'sovereign citizens' who are gonna spend about an hour on the side of the road. And those who'll be on their way in about 10 minutes by being honest and courteous.

  27. This is terrible legal advice. If a cop pulls u over for a traffic violation. You give him ur paperwork and u shut ur mouth. " i dont answer questions sir." This is terrible if shes an attorney, lying to the public. Im sure she tells her clients to not talk tovthe police

  28. i recommend leaving your windows up and remaining silent there is no legal obligation to answer any questions if asked to lexit the vehilce leave the keys inside and lock the doors after exiting

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