No license penalty

BambooShoots · #1

What happens if you keep your CHL in your wallet, but forget to bring your wallet along? Would that be classified as carrying without a CHL? What kind of crime is that (felony, misdemeanor)?

seamusTX · #2

Here is the relevant law:

GC Â§411.205. DISPLAYING LICENSE; PENALTY. (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 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. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.

So you could have your license suspended on the first offense. If you are caught with a handgun and no ID, you will almost certainly be charged with unlawfully carrying a weapon, and arrested.

If you were driving, you could also be charged for failing to have a driver license and insurance.

However, to be found guilty of violating a law, you must violate it willfully or negligently. Most judges will give you a break if you honestly forgot your wallet.

This biggest problem for most people is that if you are driving without an insurance card, your car will be towed. It will cost you several hundred dollars to get it back. You might be arrested or left standing on the sidewalk.

- Jim

dude · #3

While I was waiting on my license to arrive, I realized I was going to have to change my wallet carrying habits. I rarely had it in my pocket because I hated sitting on it and being off-kilter, and would regularly leave the house without it. I did not want to have that happen while packin'.

So I got a "slim" wallet made to go in the front pocket, like this. I can put it in my front pocket in the morning and not have to worry about it all day long. Of course there's not much room in it, but I can fit everything that I really need to make it through the day.

longtooth · #4

I carry my DL & CHL in a military ID packet on a lanyard around my neck.
Thin & do not have to get in billfold when you need it. Someone steels your bilfold they did not get your CHL.

NcongruNt · #5

longtooth wrote:I carry my DL & CHL in a military ID packet on a lanyard around my neck.
Thin & do not have to get in billfold when you need it. Someone steels your bilfold they did not get your CHL.

It sounds like a good idea, but would take some getting used to.

BTW longtooth, did you get my PM?

txinvestigator · #6

To be exempt from 46.02 one must carry the CHL;

46.15

(b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license
issued under Article 4413(29ee), Revised Statutes, to carry a
concealed handgun of the same category as the handgun the person is
carrying;

SeamusTX posted the law that can get you suspended if you fail to present your CHL when asked to ID yourself by a Peace Officer or judge. It is NOT an arrestable offense unless you have been once suspended for failing to display.

Not having your CHL in your possession while carrying your handgun IS arrestable, as without your CHL you are not exempt from 46.02, Unlawful Carrying Weapon.

No culpability is listed; therefore, intent, knowledge, or recklessness are all sufficient.

CHL/LEO · #7

If you are caught with a handgun and no ID, you will almost certainly be charged with unlawfully carrying a weapon, and arrested.

Not necessarily, I would just check and see if he had a valid CHL (takes just a few seconds) - if he did I would probably listen to his story again and if it made sense cut him loose. It's no different than when we stop people on traffic and they don't have their license on them. We run them and if it comes back that they do have a license and it's clear, then 99% of the time they're good to go.

Unless people really have a bad attitude or there's something else that plays into the situation most of the people that I work with will cut you a break. Now that being said, I work as a Patrol officer and we do have a Traffic Enforcement division who's focus is entirely different than ours. As I've said on here many times - it sometimes is just the luck of the draw. Please don't just automatically assume that because someone forgets their license that a LEO is going to hammer them. Most LEOs look favorable on CHL holders.

flintknapper · #8

CHL/LEO wrote:
If you are caught with a handgun and no ID, you will almost certainly be charged with unlawfully carrying a weapon, and arrested.
Not necessarily, I would just check and see if he had a valid CHL (takes just a few seconds) - if he did I would probably listen to his story again and if it made sense cut him loose. It's no different than when we stop people on traffic and they don't have their license on them. We run them and if it comes back that they do have a license and it's clear, then 99% of the time they're good to go.

Unless people really have a bad attitude or there's something else that plays into the situation most of the people that I work with will cut you a break. Now that being said, I work as a Patrol officer and we do have a Traffic Enforcement division who's focus is entirely different than ours. As I've said on here many times - it sometimes is just the luck of the draw. Please don't just automatically assume that because someone forgets their license that a LEO is going to hammer them. Most LEOs look favorable on CHL holders.

I like this guy!

seamusTX · #9

CHL/LEO wrote:
If you are caught with a handgun and no ID, you will almost certainly be charged with unlawfully carrying a weapon, and arrested.
Not necessarily, I would just check and see if he had a valid CHL (takes just a few seconds) - if he did I would probably listen to his story again and if it made sense cut him loose.

You're a good guy. Can you check based only on the person's name and address?

I for one do not know my license number by heart.

- Jim

razoraggie · #10

seamusTX wrote:This biggest problem for most people is that if you are driving without an insurance card, your car will be towed. It will cost you several hundred dollars to get it back. You might be arrested or left standing on the sidewalk.

- Jim

I wish that was the case 100% of the time. A guy hit my wife on the freeway from behind with no insurance. After the investigation, HPD let him drive away with a ticket!!! I WAS LIVID and made him aware of my discontent by asking for his Sergeant. "He does not have time for matters like this." I filed a complaint, but that was 3 years ago....
A little off topic, but saw the opportunity to vent

.

seamusTX · #11

razoraggie wrote:A guy hit my wife on the freeway from behind with no insurance. After the investigation, HPD let him drive away with a ticket!!!

That stinks. I guess in Houston they're too busy arresting people for UCW.

I was basing my information on a recent conversation with a Galveston police officer. He said he hated stopping someone with no insurance, because it took so much time and the motorists tended to get angry.

This was part of a story that I found amusing: A citizen had complained about drivers making left turns during rush hour at a particular intersection. He had raised a huge stink, all out of proportion to the problem. The police stationed a couple of cars at the intersection the next day and gave about 50 tickets. One of the people they ticketed for making an illegal left turn was the guy who had complained.

- Jim

CHL/LEO · #12

Can you check based only on the person's name and address?

That's not a problem. If you have a TX DL, whenever a LEO runs you, it will automatically inform the officer that you are a CHL holder. So, even if you didn't have your DL or CHL with you, as long as we have your name and DOB we can run you to check your DL and would thus get your CHL status too.

FYI - let's say that you're stopped for a traffic violation and the officer ask to see your DL. Chances are they will run you to see if you're clear. When they run you they will find out you have a CHL, and if you didn't preseent it to them they are going to ask you why. If you don't have a weapon obviously no problem. If you were carrying - what happened next would probably be determined by your reason for not presenting your CHL to the officer.

When this has happened with me in the past I've always had the CHL holder ask me how I knew they had a CHL.

Skipper5 · #13

Dear CHL/LEO....
Great insight, we all welcome your input. Please contribute often; although I have not had any LEO contact since I got my CHL, I have no experience>> but those who have had contact with CHL report very positive experiencs with very few exceptions. And as TXI our other 'seniors, instructors, Moderators on board here' frequently state, something oftens gets lost in the translation- ha.

Again, welcome aboard...
/John

DSARGE · #14

longtooth wrote:I carry my DL & CHL in a military ID packet on a lanyard around my neck.
Thin & do not have to get in billfold when you need it. Someone steels your bilfold they did not get your CHL.

Plus, It's hard to "pick pocket" when it's tied around your neck and under your shirt! I wear the same one because I hate carrying a wallet and have to show my ID frequently. This is very convienant and you forget it's there. An added bonus is you don't have to shift around and dig for your wallet when you hit the drive through!

pbandjelly · #15

where might one obtain one of these "Military ID lanyards."

Would the almighty W@LM@RT have one?

thankya.