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by der Teufel
Thu Dec 31, 2015 2:27 pm
Forum: General Texas CHL Discussion
Topic: Failure to ID
Replies: 27
Views: 5905

Re: Failure to ID

From the Q & A on the Houston PD page regarding Open Carry: http://www.houstontx.gov/police/open_carry/index.htm

3. Question: If you are walking down a street, and an officer approaches you, is it a voluntary encounter, or at this point am I “detained”?
Answer: Technically, you are temporarily detained so that the officer can check your license and make sure that you are legally able to carry a handgun.
. . .
10. Question: If an officer sees me openly carrying a handgun in a shoulder or belt holster, is that officer legally able to ask me for proof that I have a CHL?
Answer: Yes, since constitutional carry did not pass, the officer is within his or her right to ask you for your license. Also, when you get your CHL, you are instructed that if a police officer asks you for your CHL license, you must provide it.
. . .
13. Question: Once a police officer determines that you are carrying a handgun legally, does the situation turn from the person being detained, to being a casual encounter?
Answer: Yes. After the person has proved that they are carrying a weapon legally, they are free to go as long as they only reason they were stopped was for proof for a CHL.
. . .
19. Question: Does a citizen have the right to ask a CHL carrier for proof of licensing?
Answer: No. A citizen does not have the right to ask a CHL carrier for proof that he or she is legally carrying a weapon.

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