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by somedudefromhouston
Mon Dec 29, 2008 9:25 pm
Forum: General Texas CHL Discussion
Topic: ID in the home...
Replies: 65
Views: 8009

Re: ID in the home...

boomerang wrote:
somedudefromhouston wrote:If one is in ones home or on property under ones direct control , there isn't any reason for a CHL correct? One could open carry, conceal whatever right?
IANAL but I think that's correct. You would not be guilty of UCW (46.02) if you're carrying on your own property without your CHL in your possession.

However, the current law says "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." That's a bad rule and that's why I support HB 410.


Again my issue with that is why is anyone on my property demanding that I ID myself? Didn't they have a pretty good idea about who lives where when they entered private property? If not, tough rocks for them. get off my land and go get a warrant .
Thats one reason I lock my gate as soon as I get home.
by somedudefromhouston
Sun Dec 28, 2008 10:35 pm
Forum: General Texas CHL Discussion
Topic: ID in the home...
Replies: 65
Views: 8009

Re: ID in the home...

If one is in ones home or on property under ones direct control , there isn't any reason for a CHL correct? One could open carry, conceal whatever right? The CHL would apply at the property line in my mind. So much for reasonable thinking. I was at my place of business,( I own the business and the building) and a cop was in the parking lot for a long time. I went to the lot with a camera and was told "DO NOT PHOTOGRAPH THIS CAR! " Well its a marked HPD car in my lot, in daylight, in plain view of my surveillance cameras the entire time. HE piled out of the car demanding to see my ID. Its not on me, I don't carry it or a gun at work. HE continued to demand to see some ID. Texas Penal code 39.02 is plain on the topic. One does not have to carry papers, at least not yet. One is required to answer the questions, if asked, name, DOB, place of birth. This "professional" followed me into my business after I told him I to wait outside. Then he followed me into my office, after again being asked to wait outside a private office. He followed me and stood next to me behind my desk while I phoned an attorney.
A license was on the desk and put in his outstretched palm while he yelled I must "show some ID NOW". Next thing I know I am under arrest, sitting at my desk! He claimed he was "assaulted"by a TDL delivered to the palm . I would not so I must be shown the force. Downtown, night in the slammer, first time ever at 47 YO. Court, lawyer, dismissal. Now its civil suit time. I have many issues about the matter. It may all come out in Federal court .
A cop car parked anywhere is subject to being photographed , as are cops at work, ask the Ibarra brothers.
I may not be willing to show ID to some one who is not entitled to it in the future either. Yeah, slow learner. Its all in the attitude of the asker and the situation at the moment.
Like the earlier poster , I might ask that they leave the premises and perhaps a warrant is needed to pursue any further discussions , in the presence of an attorney. I am not wealthy, nor do I have excess time to waste going to court on bull charges that are dismissed . But I must do what I feel is right.
Silver lining; my main hang up to getting a CHL was the fact that no one has ever had my prints. Since that hurdle was cleared against my will, why not?

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