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What is the Penal Code?

Posted: Thu Jul 21, 2011 4:20 pm
by Munk
Can someone direct me to the code about having to tell/show the officer you are chl?

Re: What is the Penal Code?

Posted: Thu Jul 21, 2011 4:23 pm
by tbrown
Munk wrote:Can someone direct me to the code about having to tell/show the officer you are chl?
That's not in the Penal Code. It's in the Texas Government Code, I think, and the penalty was removed during a previous legislative session.

Re: What is the Penal Code?

Posted: Thu Jul 21, 2011 4:25 pm
by RottenApple
http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf
GC ยง411.205. REQUIREMENT TO DISPLAY LICENSE. (a) If a li- cense 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 li- cense holder's driver's license or identification certificate issued by the department and the license holder's handgun license.
:tiphat:

Re: What is the Penal Code?

Posted: Thu Jul 21, 2011 4:26 pm
by Munk
tbrown wrote:
Munk wrote:Can someone direct me to the code about having to tell/show the officer you are chl?
That's not in the Penal Code. It's in the Texas Government Code, I think, and the penalty was removed during a previous legislative session.
Thanks! No wonder I couldn't seem to find it. What is the exact wording?

Re: What is the Penal Code?

Posted: Thu Jul 21, 2011 4:36 pm
by speedsix
...it's written above...I see now that you guys posted almost at the same minute...and get used to looking up in your CHL handbook and the search function here the written laws regarding CHL and weapons and deadly force and such...it'll save you in a "situation" to know them and be able to make the right decisions...but it will also increase your confidence levels as you carry legally and know you've got it right...the old adage about knowledge being power surely fits here...welcome and good hunting...
...I was just taught last month here that "on or about the person" included anywhere in the passenger compartment of the car...

Re: What is the Penal Code?

Posted: Thu Jul 21, 2011 4:42 pm
by A-R
You are still required to show you CHL to a police officer, but the penalty for failure to do so was removed in 2009:

http://www.statutes.legis.state.tx.us/D ... tm#411.205" onclick="window.open(this.href);return false;
Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. 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.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.17(a), eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 12A.02, eff. September 1, 2009.
Text from 2009 act:
http://www.legis.state.tx.us/tlodocs/81 ... 02730F.HTM" onclick="window.open(this.href);return false;

All items in red below are lined out in original text of bill, thus removing those portions from law:
SECTION 12A.02. Section 411.205, Government Code, is
amended to read as follows:
Sec. 411.205. REQUIREMENT TO DISPLAY [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.]

Re: What is the Penal Code?

Posted: Thu Jul 21, 2011 5:53 pm
by Skiprr
When in doubt, or when you want to research more (and possibly more recent) information than is available at the DPS Website, try: http://www.statutes.legis.state.tx.us/.

Re: What is the Penal Code?

Posted: Thu Jul 21, 2011 7:53 pm
by PracticalTactical
If there's no penalty, why do they even have it in there still?

Re: What is the Penal Code?

Posted: Thu Jul 21, 2011 8:49 pm
by Munk
Skiprr wrote:When in doubt, or when you want to research more (and possibly more recent) information than is available at the DPS Website, try: http://www.statutes.legis.state.tx.us/.

Thanks!

Re: What is the Penal Code?

Posted: Fri Jul 22, 2011 2:28 am
by ELB
PracticalTactical wrote:If there's no penalty, why do they even have it in there still?
It was a quirk of the 2009 legislative session. As I recall, there was a bill to remove the requirement entirely, but it (and a lot of other good stuff) got tied up when fights over unrelated legislation stalled a number of bills. Gov Perry called a special session to finish up some things, and during that session a way to address the requirement-to-show was found, but for reasons I don't know/understand it was much easier to just remove the penalty than it was to remove the entire requirement.

Re: What is the Penal Code?

Posted: Fri Jul 22, 2011 5:06 am
by speedsix
...it seems from reports that those who're stopped and show it get more times a warning and a friendly response than a ticket...I think it's a good thing to show it...prolly would even if they did remove the requirement...it establishes you're a good guy right off the bat...makes a rapport with the officer more likely...though it's not a get-out-of-jail-free card, it seems to get some slack...and we can all use mercy...payin' a ticket sure would mess up MY budget!!!