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Re: Do I have to keep my LTC card on my body?

Posted: Fri Aug 19, 2016 11:12 am
by Pawpaw
bblhd672 wrote:
ScottDLS wrote:to open carry in your car, you still have to have your license on you...technically.
Are you saying it is legal to have handgun visible in your car if you have LTC?
As long as it is in a belt or shoulder holster, yes.

Re: Do I have to keep my LTC card on my body?

Posted: Fri Aug 19, 2016 11:14 am
by casp625
bblhd672 wrote:
ScottDLS wrote:to open carry in your car, you still have to have your license on you...technically.
Are you saying it is legal to have handgun visible in your car if you have LTC?
Yes, as long as it's in a belt or shoulder holster.

Re: Do I have to keep my LTC card on my body?

Posted: Fri Aug 19, 2016 11:48 am
by ScottDLS
bblhd672 wrote:
ScottDLS wrote:to open carry in your car, you still have to have your license on you...technically.
Are you saying it is legal to have handgun visible in your car if you have LTC?
If it's in a belt or shoulder holster.

Re: Do I have to keep my LTC card on my body?

Posted: Fri Aug 19, 2016 12:25 pm
by bblhd672
ScottDLS wrote:
bblhd672 wrote:
ScottDLS wrote:to open carry in your car, you still have to have your license on you...technically.
Are you saying it is legal to have handgun visible in your car if you have LTC?
If it's in a belt or shoulder holster.
Thanks.

Re: Do I have to keep my LTC card on my body?

Posted: Fri Aug 19, 2016 1:29 pm
by thetexan
ScottDLS wrote:
thetexan wrote:I see nothing in the statute that requires it to be on your physical body...I also do not find any statute that requires you to keep your driver's license on you body...nor your pilot's license.

You are required to be able to produce those certificates upon demand (by statute), and that can't be done unless those certificates are readily available at a moment's notice.

Why wouldn't you carry it in your wallet? I bet you have your NRA certificate in your wallet...as well as your credit cards...and your driver's license...and if you are a pilot I know you have those in your wallet. So why not the LTC?

tex
This:

PC §46.15. NON-APPLICABILITY.
(b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;
I'm not sure what that has to do with the original question. 46.02 is only applicable in one situation and that is not the situation described in the original post and question.

We all know that a licensee can be held responsible for a gun on or about his person. For example, I believe a licensee could carry a gun in a baby stroller being pushed and be considered carrying for 46.15 and 411 purposes. If that is the case then why not the license itself?

As I stated this all boils down to the definition of carrying (as to whether "on or about" or just "on" when attempting to interpret or extract a ubiquitous definition from 46.15 (which I'm not convinced is germane anyway)). In any case it needs to be very physically close. Certainly not in a workplace drawer if you are somewhere else on campus. Otherwise you could not possibly comply with the immediacy requirement of 411.205.

tex

Re: Do I have to keep my LTC card on my body?

Posted: Fri Aug 19, 2016 1:35 pm
by ScottDLS
thetexan wrote:
ScottDLS wrote:
thetexan wrote:I see nothing in the statute that requires it to be on your physical body...I also do not find any statute that requires you to keep your driver's license on you body...nor your pilot's license.

You are required to be able to produce those certificates upon demand (by statute), and that can't be done unless those certificates are readily available at a moment's notice.

Why wouldn't you carry it in your wallet? I bet you have your NRA certificate in your wallet...as well as your credit cards...and your driver's license...and if you are a pilot I know you have those in your wallet. So why not the LTC?

tex
This:

PC §46.15. NON-APPLICABILITY.
(b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;
I'm not sure what that has to do with the original question. 46.02 is only applicable in one situation and that is not the situation described in the original post and question.

We all know that a licensee can be held responsible for a gun on or about his person. For example, I believe a licensee could carry a gun in a baby stroller being pushed and be considered carrying for 46.15 and 411 purposes. If that is the case then why not the license itself?

As I stated this all boils down to the definition of carrying (as to whether "on or about" or just "on" when attempting to interpret or extract a ubiquitous definition from 46.15). In any case it needs to be very physically close. Certainly not in a workplace drawer if you are somewhere else on campus. In that situation you could not comply with the immediacy requirement of 411.205.

tex
No nothing in the statute requires you to carry your LTC, or produce your LTC unless you are carrying a handgun. There's no law that says you have to have an ID at all, unless you're carrying or driving. I thought you were suggesting that you don't have to have LTC on WHEN you're carrying... :???:

ETA: OP seems to imply in her post that this only has become a question since campus carry, so most responses assumed she meant not having LTC while carrying.