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Forget license at home

Posted: Sun Nov 25, 2012 10:04 pm
by CJD
Sorry if this is posted somewhere else, but I did not see it. What happens if you are carrying in your vehicle and forget your license at home in your wallet? What would happen if you get pulled over? Thanks.

Re: Forget license at home

Posted: Sun Nov 25, 2012 10:14 pm
by C-dub
You get to find out if you can legally choose to be carrying under the authority of the MPA. No,seriously.

Not much of anything since they removed the penalty for not displaying your license to a LEO. However, I'm not sure if there's a difference between not showing it when one asks for ID and not being able to when one comes back and asks you why you didn't.

Although, I do wonder about the MPA thing. Many here think we can. I have my doubts, but I don't really count when it comes to legal opinions.

Re: Forget license at home

Posted: Sun Nov 25, 2012 10:22 pm
by apostate
It's impossible to predict what will happen. Depending on the LEO and yourself, it may make no difference whatsoever. At the other end of the spectrum, you can google "Daniel Harless" for one example.

Re: Forget license at home

Posted: Mon Nov 26, 2012 12:22 am
by gigag04
I'd be shocked if you got anything more than a lecture from most TX LEOs.

Just like a DL - if you forgot it, tell me, I will look you up, find your DL, and tell you to remember it next time.

Bonus points if you know your DL number, and I don't have to spell your first and last name over the radio and hope the distracted person on the other end catches it.

Re: Forget license at home

Posted: Mon Nov 26, 2012 7:53 am
by C-dub
gigag04 wrote:I'd be shocked if you got anything more than a lecture from most TX LEOs.

Just like a DL - if you forgot it, tell me, I will look you up, find your DL, and tell you to remember it next time.

Bonus points if you know your DL number, and I don't have to spell your first and last name over the radio and hope the distracted person on the other end catches it.
Interesting and oddly enough, I do know my DL #, but not my CHL # yet.

Re: Forget license at home

Posted: Mon Nov 26, 2012 7:58 am
by Jumping Frog
gigag04 wrote:Bonus points if you know your DL number, and I don't have to spell your first and last name over the radio and hope the distracted person on the other end catches it.
The ironic thing is I actually walked out the door this morning and forgot my wallet. When I got to McDonalds for my morning unsweet tea and forum time before heading into work, I realized I didn't have my wallet. I think this is the second or third time since I've started carrying in 2004 that I forgot my wallet.

That is why I have good clear photos of my DL and CHL on my phone. I can also zoom in and read the license numbers.

There have been times I've forgotten my phone and times I've forgotten my wallet, but I have never forgotten both at the same time.

Re: Forget license at home

Posted: Mon Nov 26, 2012 8:01 am
by C-dub
Jumping Frog wrote:
gigag04 wrote:Bonus points if you know your DL number, and I don't have to spell your first and last name over the radio and hope the distracted person on the other end catches it.
The ironic thing is I actually walked out the door this morning and forgot my wallet. When I got to McDonalds for my morning unsweet tea and forum time before heading into work, I realized I didn't have my wallet. I think this is the second or third time since I've started carrying in 2004 that I forgot my wallet.

That is why I have good clear photos of my DL and CHL on my phone. I can also zoom in and read the license numbers.

There have been times I've forgotten my phone and times I've forgotten my wallet, but I have never forgotten both at the same time.
Did you forget your 2A?

Re: Forget license at home

Posted: Mon Nov 26, 2012 8:12 am
by gigag04
C-dub wrote:
gigag04 wrote:I'd be shocked if you got anything more than a lecture from most TX LEOs.

Just like a DL - if you forgot it, tell me, I will look you up, find your DL, and tell you to remember it next time.

Bonus points if you know your DL number, and I don't have to spell your first and last name over the radio and hope the distracted person on the other end catches it.
Interesting and oddly enough, I do know my DL #, but not my CHL # yet.
No need to learn it. I don't know of a way to run one.

Re: Forget license at home

Posted: Mon Nov 26, 2012 8:54 am
by JJVP
Jumping Frog wrote:
gigag04 wrote:Bonus points if you know your DL number, and I don't have to spell your first and last name over the radio and hope the distracted person on the other end catches it.
The ironic thing is I actually walked out the door this morning and forgot my wallet. When I got to McDonalds for my morning unsweet tea and forum time before heading into work, I realized I didn't have my wallet. I think this is the second or third time since I've started carrying in 2004 that I forgot my wallet.

That is why I have good clear photos of my DL and CHL on my phone. I can also zoom in and read the license numbers.

There have been times I've forgotten my phone and times I've forgotten my wallet, but I have never forgotten both at the same time.

Do you also have pics of money so you can pay for your McDonalds breakfast? :smilelol5:

Re: Forget license at home

Posted: Mon Nov 26, 2012 12:00 pm
by CJD
I didn't know they removed the penalty for not showing your license. So you're no longer required to? And yeah I was hoping the MPA would save me if I were to get stopped, but I was worried nonetheless. I still thought you HAD to display it when stopped, so I thought I would be screwed.

Re: Forget license at home

Posted: Mon Nov 26, 2012 12:06 pm
by sjfcontrol
CJD wrote:I didn't know they removed the penalty for not showing your license. So you're no longer required to? And yeah I was hoping the MPA would save me if I were to get stopped, but I was worried nonetheless. I still thought you HAD to display it when stopped, so I thought I would be screwed.
The law still states you have to display the license when asked for ID by a peace officer, if you are carrying. However, as stated above, the penalty for not doing so has been removed.

Re: Forget license at home

Posted: Mon Nov 26, 2012 12:19 pm
by RoyGBiv
sjfcontrol wrote:
CJD wrote:I didn't know they removed the penalty for not showing your license. So you're no longer required to? And yeah I was hoping the MPA would save me if I were to get stopped, but I was worried nonetheless. I still thought you HAD to display it when stopped, so I thought I would be screwed.
The law still states you have to display the license when asked for ID by a peace officer, if you are carrying. However, as stated above, the penalty for not doing so has been removed.
Be careful here... I do not agree with the above underlined statement as it can be interpreted several ways.

IN MY OPINION...
The penalty for not VOLUNTEERING your CHL status and CHL when asked for ID went away. However, not being able to PRODUCE A VALID CHL when it is requested is another thing entirely. I do not know the law on the second scenario off hand, but the two are not the same things. I would think the second problem (I left my CHL at home) would be equivalent, at minimum, to "carrying concealed without a license", and would be handled at the discretion of the officer.

IMO, YMMV, IANAL, EIEIO

Re: Forget license at home

Posted: Mon Nov 26, 2012 12:31 pm
by sjfcontrol
RoyGBiv wrote:
sjfcontrol wrote:
CJD wrote:I didn't know they removed the penalty for not showing your license. So you're no longer required to? And yeah I was hoping the MPA would save me if I were to get stopped, but I was worried nonetheless. I still thought you HAD to display it when stopped, so I thought I would be screwed.
The law still states you have to display the license when asked for ID by a peace officer, if you are carrying. However, as stated above, the penalty for not doing so has been removed.
Be careful here... I do not agree with the above underlined statement as it can be interpreted several ways.

IN MY OPINION...
The penalty for not VOLUNTEERING your CHL status and CHL when asked for ID went away. However, not being able to PRODUCE A VALID CHL when it is requested is another thing entirely. I do not know the law on the second scenario off hand, but the two are not the same things. I would think the second problem (I left my CHL at home) would be equivalent, at minimum, to "carrying concealed without a license", and would be handled at the discretion of the officer.

IMO, YMMV, IANAL, EIEIO
The original GC 411.205 -- The part in red has been removed
ยง 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.
(b) A person commits an offense if the person fails or
refuses to display the license and identification as required by
Subsection (a) after previously having had the person's license
suspended for a violation of that subsection. An offense under this
subsection is a Class B misdemeanor.
"...fails or refuses to display..." seems pretty clear in my book.

Re: Forget license at home

Posted: Mon Nov 26, 2012 2:26 pm
by CJD
I just feel that if you are carrying IN YOUR VEHICLE, it shouldn't matter whether you have your license or not because you should be protected by MPA. That's my opinion anyway.

Re: Forget license at home

Posted: Mon Nov 26, 2012 2:57 pm
by sjfcontrol
CJD wrote:I just feel that if you are carrying IN YOUR VEHICLE, it shouldn't matter whether you have your license or not because you should be protected by MPA. That's my opinion anyway.
You should know that the law is written such that the requirement to show your CHL is not dependent upon your carrying under its authority. If you are carrying (regardless of MPA or CHL, or even on your own property) and if asked for ID by an officer, the law requires you also provide your CH License.