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Old October 21, 2011, 11:25 PM   #30
JohnKSa
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Join Date: February 12, 2001
Location: DFW Area
Posts: 18,192
Quote:
Originally Posted by farmerboy
If you don't let me know of your concealed permit and weapon I'm gonna be ****** if i run you on radio and have to find out that way. Not scared. Just that you know the law and for you not letting me know I'm gonna cite you and turn it over and try to have your license pulled as long as i can.
The law says that a TX CHL holder shall provide his CHL when asked for ID if he's carrying.

If he is not carrying he has no duty to inform nor any duty to present his CHL when asked for ID.

HOWEVER, a couple of years back the TX legislature changed the law about the informing/presenting a CHL when asked for ID even WHEN carrying. It is no longer an offense to fail to present the CHL when asked for ID and there is no penalty under law for failing to do so.

Here's the current law, scroll down to Sec. 411.205.
http://www.statutes.legis.state.tx.u...htm/GV.411.htm

Here's the bill showing where the penalty sections used to be and that they've been removed. Scroll down to Sec. 411.205. to see the strikeouts.
http://www.legis.state.tx.us/tlodocs...l/HB02730F.HTM

So you can not cite someone for failing to present a CHL when asked for ID when carrying because it is not an offense. If you do it anyway, they will not be penalized and their license certainly won't be suspended.

Old Section with removed sections highlighted in red.
Sec. 411.205. REQUIREMENT TO DISPLAY
(a) 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. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.
(b) A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (a) after previously having had the person's license suspended for a violation of that subsection. An offense under this subsection is a Class B misdemeanor.
New Section. Note that it is only applicable if the person is carrying, that there is no longer any penalty for failing to inform and that failing to inform is no longer listed as an offense.
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.
Quote:
Originally Posted by farmerboy
We need to help each other not the other way around.
My sentiments exactly. If an LEO is going to make a point of enforcing a particular law then that LEO needs to know what the law actually says. Otherwise we're not helping each other.
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