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Duty to Inform Police in Texas? #8423629 10/19/21 05:46 PM
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Hey guys,

I have been working to compile a comprehensive guide to Texas Gun Laws here: https://americangunfacts.com/texas-gun-laws/

One question that I came across when working on this article was the duty to inform laws. I got conflicting information from several sites.

One local gun advocate I talked to in Austin said that if you have a CCL / LTC, you DO have a duty to inform the police if you are carrying a firearm when stopped.
He said that if you do NOT have a LTC, you do NOT have a duty to inform.

Wikipedia points to Tex. Government Code § 411.205, but that simply states that if you are stopped with a firearm, you must hand over your drivers license and LTC. It doesn't say anything about your duty to inform the officer if you have a concealed weapon.

Can anyone confirm this?
Thanks!


American Gun Facts & Statistics: https://americangunfacts.com/
Re: Duty to Inform Police in Texas? [Re: ATX_Firearms] #8423670 10/19/21 06:56 PM
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https://www.dps.texas.gov/internetforms/Forms/LTC-16.pdf

What you are looking for should be in there. When you hand over your LTC, you are informing them.


Re: Duty to Inform Police in Texas? [Re: ATX_Firearms] #8423689 10/19/21 07:22 PM
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I think it's generally good practice to inform them immediately.


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Re: Duty to Inform Police in Texas? [Re: ATX_Firearms] #8423693 10/19/21 07:23 PM
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I think 411.205 covers it. Example...If stopped by a peace officer for a traffic violation and they request your DL you must present your DL along with your LTC if you are carrying a handgun. There is no obligation to present your LTC if you are NOT carrying a handgun.


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Re: Duty to Inform Police in Texas? [Re: TurkeyHunter] #8423752 10/19/21 08:26 PM
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Originally Posted by TurkeyHunter
I think it's generally good practice to inform them immediately.


That's been my practice, along with a few others that have kept me and the officer safe through the process


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Re: Duty to Inform Police in Texas? [Re: TurkeyHunter] #8423753 10/19/21 08:26 PM
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Ya I definitely suggest informing the officer as soon as possible


American Gun Facts & Statistics: https://americangunfacts.com/
Re: Duty to Inform Police in Texas? [Re: TXGUNNER308] #8423754 10/19/21 08:28 PM
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Originally Posted by TXGUNNER308
I think 411.205 covers it. Example...If stopped by a peace officer for a traffic violation and they request your DL you must present your DL along with your LTC if you are carrying a handgun. There is no obligation to present your LTC if you are NOT carrying a handgun.


What about if you do not have a license to carry (as it is no longer required with the new Constitutional Carry laws)? Are you legally obligated to inform the officer?
You don't have to hand over anything other than a DL in that case, so the officer would have no idea unless he just asks or you tell him.

Want to make sure my article is accurate in that regard.

Last edited by ATX_Firearms; 10/19/21 08:29 PM.

American Gun Facts & Statistics: https://americangunfacts.com/
Re: Duty to Inform Police in Texas? [Re: ATX_Firearms] #8423758 10/19/21 08:31 PM
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I had also heard that it is good practice to always present your LTC whether you're carrying or not as the officer can see if you have one and might be suspicious if you do not offer it to him immediately.

I've also learned from personal experience that cops seem to like when you have a CHL, so I hand it over every time regardless. Seems to make the interactions go smoother imo.

Last edited by ATX_Firearms; 10/19/21 08:38 PM.

American Gun Facts & Statistics: https://americangunfacts.com/
Re: Duty to Inform Police in Texas? [Re: ATX_Firearms] #8423796 10/19/21 09:20 PM
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Your best bet would be to seek out a qualified, and experienced LTC instructor in your area to get accurate content for your article. I follow exactly what's covered in the Texas regulation (no more, no less) and try not to get pulled over. Last ticket I had was probably more than 15 years ago. No idea how the new Constitutional Carry law applies, it does not apply to me.


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Re: Duty to Inform Police in Texas? [Re: TXGUNNER308] #8423981 10/20/21 01:08 AM
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Originally Posted by TXGUNNER308
I think 411.205 covers it. Example...If stopped by a peace officer for a traffic violation and they request your DL you must present your DL along with your LTC if you are carrying a handgun. There is no obligation to present your LTC if you are NOT carrying a handgun.


The counter argument to getting stopped in a vehicle is you are carrying under the statute that allows legal carrying in a vehicle (no LTC required) and therefore you don’t have to show your LTC. I’m not taking a side on this one as I haven’t seen this played out through the courts but there is an argument of a grey area here. Best practice IMO is to show your LTC anytime you are having to show your ID regardless of carrying or not.

Re: Duty to Inform Police in Texas? [Re: krmitchell] #8424505 10/20/21 04:06 PM
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Agreed.

Ya, I did talk with a LTC instructor here in Austin for that info but just figured I'd check with outside sources.
Thanks!


American Gun Facts & Statistics: https://americangunfacts.com/
Re: Duty to Inform Police in Texas? [Re: krmitchell] #8424536 10/20/21 04:25 PM
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Originally Posted by krmitchell
Originally Posted by TXGUNNER308
I think 411.205 covers it. Example...If stopped by a peace officer for a traffic violation and they request your DL you must present your DL along with your LTC if you are carrying a handgun. There is no obligation to present your LTC if you are NOT carrying a handgun.


The counter argument to getting stopped in a vehicle is you are carrying under the statute that allows legal carrying in a vehicle (no LTC required) and therefore you don’t have to show your LTC. I’m not taking a side on this one as I haven’t seen this played out through the courts but there is an argument of a grey area here. Best practice IMO is to show your LTC anytime you are having to show your ID regardless of carrying or not.


I was about to bring up the Texas castle law that was in effect well before constitutional carry. Even before I had an LTC, I had a pistol in my truck knowing the castle law and informed an officer during a traffic stop. He was very grateful


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Re: Duty to Inform Police in Texas? [Re: DukeCigars] #8425037 10/21/21 01:10 AM
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Originally Posted by DukeCigars
Originally Posted by krmitchell
Originally Posted by TXGUNNER308
I think 411.205 covers it. Example...If stopped by a peace officer for a traffic violation and they request your DL you must present your DL along with your LTC if you are carrying a handgun. There is no obligation to present your LTC if you are NOT carrying a handgun.


The counter argument to getting stopped in a vehicle is you are carrying under the statute that allows legal carrying in a vehicle (no LTC required) and therefore you don’t have to show your LTC. I’m not taking a side on this one as I haven’t seen this played out through the courts but there is an argument of a grey area here. Best practice IMO is to show your LTC anytime you are having to show your ID regardless of carrying or not.


I was about to bring up the Texas castle law that was in effect well before constitutional carry. Even before I had an LTC, I had a pistol in my truck knowing the castle law and informed an officer during a traffic stop. He was very grateful


You're confusing the Castle Law with the Motorist Protection Act sounds like.


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Re: Duty to Inform Police in Texas? [Re: ATX_Firearms] #8425118 10/21/21 03:13 AM
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They removed the duty to inform w regards to chl years ago
Still a good practice though


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Re: Duty to Inform Police in Texas? [Re: ATX_Firearms] #8425251 10/21/21 12:24 PM
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I do not have a CHL, but why wouldn't you so inform them? It's typically one of the first things I provide - there is a loaded firearm, not on or around my person, but within the confines of this vehicle. They have never asked to see them. Seems to put them on your side immediately.

Re: Duty to Inform Police in Texas? [Re: ATX_Firearms] #8425394 10/21/21 02:29 PM
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Why would you not inform them no matter what?

Re: Duty to Inform Police in Texas? [Re: My Time to Hunt] #8425410 10/21/21 02:53 PM
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Originally Posted by My Time to Hunt
Why would you not inform them no matter what?


Why would you want to inform them? I don't inform them if I have pen on me, or if I have a piece of gum on me. If you are legally carrying in a car there is not duty to inform them.

Re: Duty to Inform Police in Texas? [Re: luv2brode] #8425411 10/21/21 02:54 PM
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Originally Posted by luv2brode
They removed the duty to inform w regards to chl years ago
Still a good practice though


Really, I wasn't aware of that but it makes sense

Re: Duty to Inform Police in Texas? [Re: ATX_Firearms] #8425443 10/21/21 03:26 PM
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Originally Posted by ATX_Firearms
I had also heard that it is good practice to always present your LTC whether you're carrying or not as the officer can see if you have one and might be suspicious if you do not offer it to him immediately.

I've also learned from personal experience that cops seem to like when you have a CHL, so I hand it over every time regardless. Seems to make the interactions go smoother imo.

This has been my experience.

Re: Duty to Inform Police in Texas? [Re: luv2brode] #8425447 10/21/21 03:30 PM
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Originally Posted by luv2brode
They removed the duty to inform w regards to chl years ago
Still a good practice though

I would bet they already know you have a chl before you inform them. Any LEO on here please correct me if I’m wrong.

Re: Duty to Inform Police in Texas? [Re: ATX_Firearms] #8425526 10/21/21 04:35 PM
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If the subject has a CHL/LTC dispatch will advise the officer when the subject's DL is checked.




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Re: Duty to Inform Police in Texas? [Re: RedRanger] #8425863 10/21/21 10:43 PM
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Originally Posted by RedRanger
Originally Posted by My Time to Hunt
Why would you not inform them no matter what?


Why would you want to inform them? I don't inform them if I have pen on me, or if I have a piece of gum on me. If you are legally carrying in a car there is not duty to inform them.



Agree. I don’t say if Im carrying or not, even when I have my LTC. I hand it to them and that’s it. If they ask I’ll answer but there is no point in anything else. To date I’ve never once been asked if I was carrying….maybe it was obvious.

Re: Duty to Inform Police in Texas? [Re: krmitchell] #8425962 10/22/21 12:29 AM
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Originally Posted by krmitchell
Originally Posted by RedRanger
Originally Posted by My Time to Hunt
Why would you not inform them no matter what?


Why would you want to inform them? I don't inform them if I have pen on me, or if I have a piece of gum on me. If you are legally carrying in a car there is not duty to inform them.



Agree. I don’t say if Im carrying or not, even when I have my LTC. I hand it to them and that’s it. If they ask I’ll answer but there is no point in anything else. To date I’ve never once been asked if I was carrying….maybe it was obvious.


This ^ 100%


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Re: Duty to Inform Police in Texas? [Re: 68rustbucket] #8425999 10/22/21 01:09 AM
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Originally Posted by 68rustbucket
Originally Posted by luv2brode
They removed the duty to inform w regards to chl years ago
Still a good practice though

I would bet they already know you have a chl before you inform them. Any LEO on here please correct me if I’m wrong.


As previously stated as soon as license is ran Leo knows

Had many people hand over their chl and thank them then ask if they have their weapon with them, amazes me how many say no. Then the look of surprise on their face when I ask why not.


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Re: Duty to Inform Police in Texas? [Re: luv2brode] #8426153 10/22/21 04:12 AM
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Originally Posted by luv2brode
They removed the duty to inform w regards to chl years ago
Still a good practice though



They DID NOT remove the duty to inform-- that law remains on the books in the government code. What they did remove was any penalty associated with the violation, making the law essentially a 'good practice' but toothless in reality.

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