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by txflyer
Fri Dec 26, 2008 12:32 am
Forum: General Texas CHL Discussion
Topic: ID in the home...
Replies: 65
Views: 8075

Re: ID in the home...

My contention is that CHL laws do not apply to me on my private property even if I have a CHL. I know it may take case law to bear that out, but I firmly believe the legislature did not intend to affect the privacy of one's home when the CHL laws were enacted. And I would spend money to defend that position.

AFAIK under Texas law, if I'm not carrying and/or driving a motor vehicle in public I have no requirement to identify myself unless I am arrested (Penal code 38.02 - someone please correct me if I missed another part of the law). And am not required to provide proof of identification (unless I'm carrying or driving in public), I'm only required to provide correct information - name, address, date of birth, nothing more.

So if I'm at home and a LEO unexpectedly knocks on my door and wants me to ID myself, my response, is that I will cooperate with him to the best of my ability after I have consulted with my lawyer. LEOs are allowed to lie for investigative reasons and I don't know for a fact why he is there. In this situation I have no reason to believe him any more than he has reason to believe me. Now if I called them or expected them for some reason, the situation changes.

I'm not trying to make the LEO's life difficult, I am simply trying to make sure I don't cause myself problems later on. That comes before the ease of a LEO's job.

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