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!

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.

I think it's generally good practice to inform them immediately.

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.

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

Ya I definitely suggest informing the officer as soon as possible

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.

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.

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.

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.

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!

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

They removed the duty to inform w regards to chl years ago
Still a good practice though

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.

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.

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

This has been my experience.

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.

If the subject has a CHL/LTC dispatch will advise the officer when the subject's DL is checked.

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%

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.

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.