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by jamisjockey
Wed Feb 23, 2011 8:21 pm
Forum: General Texas CHL Discussion
Topic: Required Presentation of CHL when NOT Carrying?
Replies: 42
Views: 6255

Re: Required Presentation of CHL when NOT Carrying?

puma guy wrote: Sorry if flagellating the proverbial equine beast, here. But........A deffinitive answer would be greatly appreciated if there is someone who will go that far. I rarely drink, but if I anticipate that I might imbibe I leave my CCW and CHL at home since, I interpreted the law to present CHL only when carrying. ????? Ofcourse I could just make sure I always carry my CHL regardless, but it's nice to know and understand the law.
To clarify:
You are only required to show your CHL when you are asked for ID and you are carrying a handgun.

And there is absolutely no penalty under Texas law for not providing the officer with your CHL if you are carrying.

The cop was wrong.
by jamisjockey
Wed Feb 23, 2011 8:33 am
Forum: General Texas CHL Discussion
Topic: Required Presentation of CHL when NOT Carrying?
Replies: 42
Views: 6255

Re: Required Presentation of CHL when NOT Carrying?

TxKimberMan wrote:
RicosRevenge wrote:
Beiruty wrote:By law:
1) You should present both your DL and your CHL, carrying or otherwise when requested by LEO.
2) The law has been amended as there is no more penalty for failure to do 1).
3) You still have to do 1).
Great, please show me where that law is so I know.

GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (a) 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 identificatio
n, 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 see no requirement to display your CHL if you're not carrying.
:iagree:

The statute specifically says "is carrying".
And there is no penalty for not doing so.
Me, I'd call the department and tell them that they have cops running around threatening to felony arrest people for a non-event. I'd consider calling the AG, too. What if he was having a bad day and pulled you over in this exact situation? What if you fail the "attitude test"? This cop is going to hook someone up for a non event sooner or later. :waiting:

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