TexasCHLforum.com

thetexan wrote:

ScottDLS wrote:

thetexan wrote:I see nothing in the statute that requires it to be on your physical body...I also do not find any statute that requires you to keep your driver's license on you body...nor your pilot's license.

You are required to be able to produce those certificates upon demand (by statute), and that can't be done unless those certificates are readily available at a moment's notice.

Why wouldn't you carry it in your wallet? I bet you have your NRA certificate in your wallet...as well as your credit cards...and your driver's license...and if you are a pilot I know you have those in your wallet. So why not the LTC?

tex

This:

PC §46.15. NON-APPLICABILITY.
(b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;

I'm not sure what that has to do with the original question. 46.02 is only applicable in one situation and that is not the situation described in the original post and question.

We all know that a licensee can be held responsible for a gun on or about his person. For example, I believe a licensee could carry a gun in a baby stroller being pushed and be considered carrying for 46.15 and 411 purposes. If that is the case then why not the license itself?

As I stated this all boils down to the definition of carrying (as to whether "on or about" or just "on" when attempting to interpret or extract a ubiquitous definition from 46.15). In any case it needs to be very physically close. Certainly not in a workplace drawer if you are somewhere else on campus. In that situation you could not comply with the immediacy requirement of 411.205.

tex

bblhd672 wrote:

ScottDLS wrote:to open carry in your car, you still have to have your license on you...technically.

Are you saying it is legal to have handgun visible in your car if you have LTC?

Liberty wrote:

ScottDLS wrote:
Technically, the penalty for not carrying it on you is a class A misdemeanor for Unlawful Carrying of a Weapon 46.02. The law says in order to be excepted from 46.02 you have to have your LTC on you. I don't think many prosecutors would try to get you, but do you want to be the (proverbial) test case?

Thanks for clearing that up. I did not know that. I just knew they took out the phrase describing a penalty in the 2013 session. Didn't know there was another gotcha phrase in there.

Liberty wrote:I do believe its a good idea to keep your CHL and ID on you while carrying. It is the law after all. I believe not having it with you could cause a big inconvenience if you are asked for it by an LEO. However, there is no penalty for not having it with you. There should be no fines,and no court hearings if you don't happen to have it on you. THe hassle would be being held and getting your status clarified.

thetexan wrote:I see nothing in the statute that requires it to be on your physical body...I also do not find any statute that requires you to keep your driver's license on you body...nor your pilot's license.

You are required to be able to produce those certificates upon demand (by statute), and that can't be done unless those certificates are readily available at a moment's notice.

Why wouldn't you carry it in your wallet? I bet you have your NRA certificate in your wallet...as well as your credit cards...and your driver's license...and if you are a pilot I know you have those in your wallet. So why not the LTC?

tex