Are we required to disclose a firearm at a suspicionless DHS internal checkpoint?

[flybeech]

I'm in Oklahoma, but occasionally want to freely travel to see my sister in Southern Texas. The Border Patrol under the DHS, operate suspicionless internal checkpoints in the 100 mile Constitution-free zone that unofficially detain American citizens to give us obedience training to keep us safe from terrorists.

YouTube is has a number of videos of people who are fed up with being detained on the highways for no reason and answer all their questions through a cracked window with, "am I being detained and am I free to go on my way?" without answering where they are coming from, where they are going and if they are a US citizen.

When we are stopped for an unconstitutional suspicionless internal checkpoint, are we required to inform them of possession of a firearm, which will certainly lead to a warrantless secondary inspection?

 

[Traveler]

Oh my word! That is a hoot! I'm not sure I'd have the fortitude to do that, but, you never know....

 

[Rod Snell]

Interesting question, answer varies by state. OK notify for sure to avoid license being revoked, here's TX:

Sec. 411.205. Requirement to Display License.
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.
Note: When an Officer ask you for ID you must then give them your Permit/License to Carry, if you are carrying at that time when you give them your ID. If not you are breaking the law.

Now the kicker is that TX law provides no specific penalty........

 

[jsl_pt]

she sure changed her mind quick after walking around to the passenger front of the vehicle and had a different look on her face after that point.

 

[Lurkerinthewoods]

I would have asked for a "secondary search of my person".....

 

[SMS]

Drive on down there, give it a shot and let us know how it works out.

 

[ripnbst]

Yeah, the look of fear on her face after looking in the bed of his truck was priceless. Asking badge number and supervisor she just wanted him to GTFO lol.

Sitting here in OK you say you wouldn't have the brass to do what he did but...if you lived someplace that you had to put up with this constantly you might have a different outlook. It's obvious this isn't this guys first rodeo.

 

[Dave70968]

Bet he clanks when he walks.

 

[Glocktogo]

I'm in Oklahoma, but occasionally want to freely travel to see my sister in Southern Texas. The Border Patrol under the DHS, operate suspicionless internal checkpoints in the 100 mile Constitution-free zone that unofficially detain American citizens to give us obedience training to keep us safe from terrorists.

YouTube is has a number of videos of people who are fed up with being detained on the highways for no reason and answer all their questions through a cracked window with, "am I being detained and am I free to go on my way?" without answering where they are coming from, where they are going and if they are a US citizen.

When we are stopped for an unconstitutional suspicionless internal checkpoint, are we required to inform them of possession of a firearm, which will certainly lead to a warrantless secondary inspection?

I'm against these checkpoints as much as the next person, but the bolded part is a bit of hyperbole. They want to obtain proof of legal residency or immigration status, nothing more. You flash them a DL and CCW permit and you're on your way.

With that said, why are all these people who confront the agents so hysterical? Can they not speak calmly and rationally? Is it the confrontation they seek that causes it? Some of them are visibly shaking from adrealine and what appears to be near lunacy.

 

[spd67]

I hate atention seeking behaivor by people like the guy in this video. Now, I don't think that random checkpoints should be used for fishing expiditions. But, we have to look at the whole scope of the matter. Show them your ID that proves your a citizen and you can move on.

These agents work in a war zone and they combat a major problem every day. I say cut her some slack show ID and don't be a douche.

It's real easy to sit back here in Oklahoma and look down there and monday morning quarterback their tactics, and actions...so before being so judgemental why don't you go and live on the boarder for a year and then see if you have the same opinion. Walk in their shoes for a bit and try to have an open mind. Things are not always so black and white in this world of grey. On top of that The Supreame Court of the United States has already ruled on this topic.

"Border Patrol agents at checkpoints have legal authority that agents do not have when patrolling areas away from the border. The United States Supreme Court ruled that Border Patrol agents may stop a vehicle at fixed checkpoints for brief questioning of its occupants even if there is no reason to believe that the particular vehicle contains illegal aliens.[4] The Court further held that Border Patrol agents "have wide discretion" to refer motorists selectively to a secondary inspection area for additional brief questioning.[5] In contrast, the Supreme Court held that Border Patrol agents on roving patrol may stop a vehicle only if they have reasonable suspicion that the vehicle contains aliens who may be illegally in the United States-a higher threshold for stopping and questioning motorists than at checkpoints.[6] The constitutional threshold for searching a vehicle is the same, however, and must be supported by either consent or probable cause, whether in the context of a roving patrol or a checkpoint search