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by Ruark
Mon Dec 28, 2015 4:52 pm
Forum: General Texas CHL Discussion
Topic: Failure to ID
Replies: 27
Views: 5712

Re: Failure to ID

ScottDLS wrote: I guess they could arrest you for Unlawful Carrying of a Weapon (46.02), since you can't carry without a license. The biggest question seems to be do the police have reasonable suspicion to detain someone simply for carrying.

It's akin to stopping someone for driving, because it's illegal to drive without a license. Texas transportation code actually says the police CAN do this, but SCOTUS has disagreed since 1979.
Yes, but that has been brought up a hundred times, and was addressed in the new legislation with an amendment which specifically allows LEOs to ask for your CHL and ID. Of course, they have to detain you momentarily in order to do so.

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