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by ScottDLS
Fri Feb 25, 2011 12:24 am
Forum: General Texas CHL Discussion
Topic: Required Presentation of CHL when NOT Carrying?
Replies: 42
Views: 6213

Re: Required Presentation of CHL when NOT Carrying?

Mike1951 wrote:
RPBrown wrote:I have had my CHL since 95 and as I recall, it has always been to present if carrying was the law. It was never a felony but could be grounds for suspension of your CHL.
Actually, as the law was initially passed, there was a clause requiring you to display your CHL whether carrying or not.

From SB60:
(g) On a demand by a magistrate or a peace officer that a license holder display the license holder's handgun license, the license holder shall display both the license and the license holder's driver's license or identification certificate issued by the department.
(h) 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.
(i) A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (g) or (h) of this section. An offense under this subsection is a Class B misdemeanor.
(g) applied if you weren't carrying. (h) applied if you were.

I believe it was corrected as early as 1997, possibly 1999.

I don't have my '95 CHL handbook handy, but the way I read that section...unless the Peace Officer or Magistrate specifically demanded that you show your CHL OR you were carrying AND the Magistrate/PO asked for ID, then you didn't have to produce it.

Eg. I'm walking down the street in 1996 and PO says "show me ID!". I don't have to show CHL unless I'm carrying.

Actually, I (generally) don't have to do anything or even acknowldege PO per 4th/5th amendment and numerous SCOTUS decisions....but that's off topic.

I'm in court in 1996 defending myself against a UCW and Magistrate say, show me your CHL! I must do it or suffer suspension, or second time a Class B.

In 2011 there is no penalty.

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