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Re: LEO encounter without proper id/chl?

Posted: Mon May 02, 2011 12:37 pm
by Dan20703
I keep a color photocopy of my DL and CHL in my vehicle for just such an occaision. I know it is not a legal form of ID but it can't hurt.

Re: LEO encounter without proper id/chl?

Posted: Mon May 02, 2011 12:50 pm
by i8godzilla
Dan20703 wrote:I keep a color photocopy of my DL and CHL in my vehicle for just such an occaision. I know it is not a legal form of ID but it can't hurt.
I have digital images of both on my mobile phone.

Re: LEO encounter without proper id/chl?

Posted: Mon May 02, 2011 12:56 pm
by MasterOfNone
Jumping Frog wrote:It all depends on whether the LEO is a Richard or not.
What's so bad about being a Richard?

Richard

Re: LEO encounter without proper id/chl?

Posted: Mon May 02, 2011 1:17 pm
by Thomas
MasterOfNone wrote:
Jumping Frog wrote:It all depends on whether the LEO is a Richard or not.
What's so bad about being a Richard?

Richard
The nickname commonly associated with the name "Richard".

Re: LEO encounter without proper id/chl?

Posted: Mon May 02, 2011 1:33 pm
by MasterOfNone
Thomas wrote:
MasterOfNone wrote:
Jumping Frog wrote:It all depends on whether the LEO is a Richard or not.
What's so bad about being a Richard?

Richard
The nickname commonly associated with the name "Richard".
"Rich"? Being rich would be great.

Re: LEO encounter without proper id/chl?

Posted: Mon May 02, 2011 2:48 pm
by johnson0317
sjfcontrol wrote:Pretty much everybody who's checked their CHL application status online over and over and over and over again, has memorized their DL number, and SSN too, if they hadn't already. :lol:
Oh, Lord...that is what I was about to post! Lived here for 19 years and just now memorized my DL number thanks to checking online so often for an update!

RJ

Re: LEO encounter without proper id/chl?

Posted: Wed May 04, 2011 2:34 pm
by dk523
I know there's no longer any penalty for failing to SHOW your CHL to an officer who asks for ID (when you're carrying). However, what I think this thread is missing is - what is the penalty for failing to HAVE your CHL and/or Driver's License on you? Can you expect to be arrested? What if you're in your car or home, where non-CHL-holders can now legally carry? Can you still expect to be arrested? Can your CHL be suspended? Can any instructors chime in on this?

Re: LEO encounter without proper id/chl?

Posted: Wed May 04, 2011 2:49 pm
by Keith B
dk523 wrote:I know there's no longer any penalty for failing to SHOW your CHL to an officer who asks for ID (when you're carrying). However, what I think this thread is missing is - what is the penalty for failing to HAVE your CHL and/or Driver's License on you? Can you expect to be arrested? What if you're in your car or home, where non-CHL-holders can now legally carry? Can you still expect to be arrested? Can your CHL be suspended? Can any instructors chime in on this?
If you are carrying on your body and not in your car or home, and do not have your CHL on you, you can be charged with Unlicensed Carry of a Weapon. This will cause you to lose your CHL.

The Motorist Protection Act covers you in your car with the handgun, and you never needed anything to have it in your home.

Re: LEO encounter without proper id/chl?

Posted: Wed May 04, 2011 3:02 pm
by puma guy
Keith B wrote:
dk523 wrote:I know there's no longer any penalty for failing to SHOW your CHL to an officer who asks for ID (when you're carrying). However, what I think this thread is missing is - what is the penalty for failing to HAVE your CHL and/or Driver's License on you? Can you expect to be arrested? What if you're in your car or home, where non-CHL-holders can now legally carry? Can you still expect to be arrested? Can your CHL be suspended? Can any instructors chime in on this?
If you are carrying on your body and not in your car or home, and do not have your CHL on you, you can be charged with Unlicensed Carry of a Weapon. This will cause you to lose your CHL.

The Motorist Protection Act covers you in your car with the handgun, and you never needed anything to have it in your home.
Keith B,
As always - Thank you so much for simplifying this. :tiphat:

Re: LEO encounter without proper id/chl?

Posted: Wed May 04, 2011 3:19 pm
by Hoi Polloi
puma guy wrote:
Keith B wrote:
dk523 wrote:I know there's no longer any penalty for failing to SHOW your CHL to an officer who asks for ID (when you're carrying). However, what I think this thread is missing is - what is the penalty for failing to HAVE your CHL and/or Driver's License on you? Can you expect to be arrested? What if you're in your car or home, where non-CHL-holders can now legally carry? Can you still expect to be arrested? Can your CHL be suspended? Can any instructors chime in on this?
If you are carrying on your body and not in your car or home, and do not have your CHL on you, you can be charged with Unlicensed Carry of a Weapon. This will cause you to lose your CHL.

The Motorist Protection Act covers you in your car with the handgun, and you never needed anything to have it in your home.
Keith B,
As always - Thank you so much for simplifying this. :tiphat:
But how would they be able to verify that if they can't do anything about you not showing it in the first place?

Re: LEO encounter without proper id/chl?

Posted: Wed May 04, 2011 4:21 pm
by Keith B
Hoi Polloi wrote:
puma guy wrote:
Keith B wrote:
dk523 wrote:I know there's no longer any penalty for failing to SHOW your CHL to an officer who asks for ID (when you're carrying). However, what I think this thread is missing is - what is the penalty for failing to HAVE your CHL and/or Driver's License on you? Can you expect to be arrested? What if you're in your car or home, where non-CHL-holders can now legally carry? Can you still expect to be arrested? Can your CHL be suspended? Can any instructors chime in on this?
If you are carrying on your body and not in your car or home, and do not have your CHL on you, you can be charged with Unlicensed Carry of a Weapon. This will cause you to lose your CHL.

The Motorist Protection Act covers you in your car with the handgun, and you never needed anything to have it in your home.
Keith B,
As always - Thank you so much for simplifying this. :tiphat:
But how would they be able to verify that if they can't do anything about you not showing it in the first place?
Not sure what you are getting at it. You still have the requirement to carry it and produce it when asked for ID. If you are carrying and don't show your CHL, and they run your license or name and birth date, see you have a CHL, and come back and ask for it, find out you don't have it on you, THEN they can arrest you for UCW.

Re: LEO encounter without proper id/chl?

Posted: Wed May 04, 2011 4:27 pm
by Hoi Polloi
Keith B wrote:
Hoi Polloi wrote:
puma guy wrote:
Keith B wrote:
dk523 wrote:I know there's no longer any penalty for failing to SHOW your CHL to an officer who asks for ID (when you're carrying). However, what I think this thread is missing is - what is the penalty for failing to HAVE your CHL and/or Driver's License on you? Can you expect to be arrested? What if you're in your car or home, where non-CHL-holders can now legally carry? Can you still expect to be arrested? Can your CHL be suspended? Can any instructors chime in on this?
If you are carrying on your body and not in your car or home, and do not have your CHL on you, you can be charged with Unlicensed Carry of a Weapon. This will cause you to lose your CHL.

The Motorist Protection Act covers you in your car with the handgun, and you never needed anything to have it in your home.
Keith B,
As always - Thank you so much for simplifying this. :tiphat:
But how would they be able to verify that if they can't do anything about you not showing it in the first place?
Not sure what you are getting at it. You still have the requirement to carry it and produce it when asked for ID. If you are carrying and don't show your CHL, and they run your license or name and birth date, see you have a CHL, and come back and ask for it, find out you don't have it on you, THEN they can arrest you for UCW.
Then what was the point of getting rid of the penalty for not showing it? It's just setting people up for bigger problems if that's true!

Re: LEO encounter without proper id/chl?

Posted: Wed May 04, 2011 4:34 pm
by Keith B
Hoi Polloi wrote:Then what was the point of getting rid of the penalty for not showing it? It's just setting people up for bigger problems if that's true!
While not as good a deal as we would have liked, at least this way if you legitimately forget to show your CHL, all they can do is come back and ask you for it. At that point you must produce it. Before, if you failed ot show it accidentily, they could send a letter to the DPS for review and your CHL would potentially be suspended for a period of 60 days (I think that was the timeframe.)

Re: LEO encounter without proper id/chl?

Posted: Wed May 04, 2011 5:24 pm
by apostate
Hoi Polloi wrote:
Keith B wrote:Not sure what you are getting at it. You still have the requirement to carry it and produce it when asked for ID. If you are carrying and don't show your CHL, and they run your license or name and birth date, see you have a CHL, and come back and ask for it, find out you don't have it on you, THEN they can arrest you for UCW.
Then what was the point of getting rid of the penalty for not showing it? It's just setting people up for bigger problems if that's true!
Keep in mind that Keith is, I believe, talking about carrying when walking around in public, like at a shopping mall or entering the Texas Capitol.

If you're not carrying your license then 46.15(b)(6) doesn't kick in, so you have the same rights and restrictions as if you weren't licensed, for the purpose of Chapter 46. If you're on your own property or in your car (following the MPA rules) or have some other exception in 46.15 (such as being a peace officer :mrgreen: ) you wouldn't be guilty of UCW, even without your CHL card. AFAICT/IANAL