(CBS) – The next time you see a radar gun pointed at you should check your speed, but certainly not your text messages.

A Virginia-based company is working on a device that can tell if you are texting while driving.

The tool detects the radio frequencies that emit from a vehicle when someone inside is using a cellphone, according to the Virginain-Pilot newspaper. It’s not clear how the operator will be able to distinguish between a driver and a passenger in that same car texting.

The gun’s creator, ComSocics, says the device still has to win legislative approval before it goes into full production. The company also needs law enforcement agencies to buy in to the product.