Author Topic: Present CHL to LEO in Non-Reciprocal States?  (Read 4629 times)

JRC45

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Present CHL to LEO in Non-Reciprocal States?
« on: April 26, 2015, 06:29:23 PM »
I recently moved to Texas from Illinois, but still travel to Illinois (driving) frequently. I carry on the trips, but break the weapon down to "Illinois legal" transport configuration before entering the state. Once I arrive at my destination, I remove the gun from the vehicle and don't transport it anywhere.

When in the Peoples Republic of Illinois, the police are very interested in me with my Texas plates, and it is only a matter of time before I am pulled over. Here is my question:

When in a non-reciprocal state, and when NOT carrying, and NOT transporting a weapon in the vehicle, if I am pulled over, do I present my CHL along with my drivers license?

My thinking is YES, present the CHL and do everything to make the LEO comfortable as usual. The reason I come to this conclusion is that I assume when they run my Texas license plate, my name will be flagged as being a CHL holder. Although presenting the CHL will cause complications during the stop, I expect not presenting it will cause even more complications.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

CongoHarry

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Re: Present CHL to LEO in Non-Reciprocal States?
« Reply #1 on: April 27, 2015, 11:06:46 AM »
I am not an attorney. Sounds like you're adopting the "I'm not doing anything illegal, so I've got nothing to hide"  approach.  A proven disaster for many folks.  Not carrying?  Not transporting in the vehicle?  Short answer: "NO." Your CHL will be irrelevant to the traffic stop, and totally meaningless in Illinois anyway.  Further, it might only serve to needlessly complicate things:  "Thank you for your cooperation, Sir.  Where is the weapon at this time?  Not on your person?  Not in the vehicle? (I have no earthly reason to believe anything you're saying) Will you please step out of the vehicle, Sir?  Do you mind if I search your vehicle?  Will you please place your hands behind your back while I apply these handcuffs for my safety?...

You mention potential "complications" (one way or other) as regards disclosure of your CHL.  I have a family member living in Chicago.  Potential complications is the Nr. 1 reason I would never bring my handgun into Illinois, or any state like it, under any circumstances.  "Illinois legal" or otherwise.  As regards disclosure of my CHL: it's a useless document in Illinois.  Accordingly, if not carrying, or not transporting in the vehicle, "Don't ask. Don't tell."  You are correct.  Most states do indeed flag vehicle license plates of registered owners possessing a CHL.  The LEO will have all the information he/she needs before approaching your vehicle.  When asked a direct question by the LEO, provide a truthful and direct response.  Voluntarily providing superfluous and irrelevant information, is no different than voluntarily granting consent to warrantless searches: never a good idea.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

JRC45

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Re: Present CHL to LEO in Non-Reciprocal States?
« Reply #2 on: April 27, 2015, 01:36:20 PM »
Congo,

You stated the expected complications quite well, and I expect complications simply by virtue of being a CHL holder. The complications will come from LEOs that think only they should possess firearms.  In Illinois, I think that percentage is around 20-30%.

It's not unusual for cops to run out of state plates they spot, although it seems like Texas plates draw more flies than others. If the check flags me as a CHL holder, the aforementioned anti-gun LEO will be more likely to pull me over just to see if he can score an illegal carry arrest. Even if I have no weapon, he might use the CHL record and my subsequent failure to produce it voluntarily during the stop as (half-assed) probable cause to search and do all of the other unpleasant things you suggested.

My point is, that if Texas flags CHL holding vehicle owners, bad things are going to happen anyway. Voluntarily producing the CHL and stating up front that I have no weapons in my car or on my person might proactively keep the situation from turning ugly.

Having said that, it is a fine line, which is why I posted the question  :D .  Thanks!
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

EdO

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Re: Present CHL to LEO in Non-Reciprocal States?
« Reply #3 on: May 30, 2015, 05:17:11 PM »
I suspect it's pretty much up to the officer involved.  Who knows how an unknown individual will react.  I have only been stopped once out of state.  I was in Oklahoma, flapping with the passengers and not paying attention to the speed limit.  Got pulled over.  Presented my dl and chl.  The officer looked at both,  gave me the chl back and said "I don't need this."  Went back to his cruiser,  did whatever they do, and wrote me a warning.  He wasn't the least bit concerned whether I was carrying or not.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »