Re: showing game warden chl / current viral video discussion
Posted: Sun Jul 14, 2013 1:04 pm
If I'm required to show my license to a police officer, I'll certainly show it to the most powerful law enforcement officer in the state.
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I don't have an issue with showing ID..but I've never been asked to when I wasn't "doing anything" either. I CAN see a big difference between the two scenarios in your example though: Fishing for regulated species on public waters is NOT LEGAL for an adult without a license. A game warden will not ask to see your fishing license UNLESS you are fishing. The act of fishing itself is grounds for them to ask to see your license, because it IS illegal to do so without one. They don't stop people and check for licenses at random except when you are engaged the the regulated activity. In the "open carry" situations you refer to, the activity in question IS legal without any type of license requirement, so UNLESS there is some articulable reason...other than just the fact they are carrying a legal firearm...to stop the person and ask to see ID is not really justifiable.glock27 wrote:also on a side note as to a lot of viral videos, focusing on the ones where people like to exercise their rights and open carry and draw attention. one of the most popular arguments these individuals have when initially approached by police is "Im not doing anything wrong, its legal to open carry a long gun, you have no reason to beleive i am a criminal, therefore i will not provide you with my ID".
what about fishing, its not illegal to fish, game wardens will ask to see fishing license/tags or whatever. should they be denied access to your ID? when they have no reason to beleive your doing anything wrong...
just food for thought,
And they'll probably tell you, too.texanjoker wrote:I'll hand them my ID if asked. Then ask where the best spots to fish are.
they do most of the time form what the ones i have metThe Annoyed Man wrote:And they'll probably tell you, too.texanjoker wrote:I'll hand them my ID if asked. Then ask where the best spots to fish are.
For my edification ;Keith B wrote:A game warden is a law enforcement officer and if asked to show ID when carrying you are required to also produce your CHL.
Assuming peace officer is the correct verbiage (not pushing, just curious at what i found)" Peace officer; A person who is licensed as a peace officer under Chapter 1701, Occupations Code, and who has been employed full-time as a peace officer by a law enforcement agency"
And the code of criminal procedure, Art 2.12 statesOCCUPATIONS CODE,TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY CHAPTER 1701. LAW ENFORCEMENT OFFICERS
(4) "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, or other law.
So if any of those "Peace Officers" as defined by code of criminal procedure, Art 2.12 ask me for ID, Im am required to present my CHL?Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(2) constables, deputy constables, and those reserve deputy
constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who
hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(4) rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety;
(5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic Beverage Commission;
(7) each member of an arson investigating unit commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services Commission;
(10) law enforcement officers commissioned by the Parks and Wildlife Commission;
(11) airport police officers commissioned by a city with a population of more than 1.18 million that operates an airport that serves commercial air carriers;
(12) airport security personnel commissioned as peace officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and security officers;
(14) security officers and investigators commissioned as peace officers by the comptroller;
(15) officers commissioned by a water control and improvement district under Section 49.216, Water Code;
(16) officers commissioned by a board of trustees under Chapter 54, Transportation Code;
(17) investigators commissioned by the Texas State Board of Medical Examiners;
(18) officers commissioned by the board of managers of the Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;
(19) county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code;
(20) investigators employed by the Texas Racing Commission;
(21) officers commissioned under Chapter 554, Occupations Code;
(22) officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code;
(23) investigators commissioned by the attorney general under Section 402.009, Government Code;
(24) security officers and investigators commissioned as peace officers under Chapter 466, Government Code;
(25) an officer employed by the Texas Department of Health under Section 431.2471, Health and Safety Code;
(26) officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code;
(27) officers commissioned by the state fire marshal under Chapter 417, Government Code;
(28) an investigator commissioned by the commissioner of insurance under Article 1.10D, Insurance Code;
(29) apprehension specialists commissioned by the Texas Youth Commission as officers under Section 61.0931, Human Resources
Code;
(30) officers appointed by the executive director of the Texas Department of Criminal Justice under Section 493.019, Government Code;
(31) investigators commissioned by the Commission on Law Enforcement Officer Standards and Education under Section 1701.160, Occupations Code;
(32) commission investigators commissioned by the Texas Commission on Private Security under Section 1702.061(f), Occupations Code;
(33) the fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code; and
(34) officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the
limitations imposed by that section.
I assume Im reading it wrong and just not understanding how the various codes and such stack up, preempt another, ect.GC §411.207. AUTHORITY OF PEACE OFFICER TO DISARM.
(a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer
reasonably believes it is necessary for the protection of the license holder, officer, or another individual
Why do you want to do this? An exercise in rights? Why make these guys job even harder than it is?glock27 wrote:what about fishing, its not illegal to fish, game wardens will ask to see fishing license/tags or whatever. should they be denied access to your ID? when they have no reason to beleive your doing anything wrong...
just food for thought,
Good question. I'd like to hear the answer too.E.Marquez wrote: I assume Im reading it wrong and just not understanding how the various codes and such stack up, preempt another, ect.
Or can a "officers commissioned by the State Board of Dental Examiners " really disarm me
If they.are a commissioned leo the answer is.yesE.Marquez wrote:For my edification ;Keith B wrote:A game warden is a law enforcement officer and if asked to show ID when carrying you are required to also produce your CHL.
You use the phrase "law enforcement officer"
GC §411.205. REQUIREMENT TO DISPLAY LICENSE uses "peace officer"
And later uses words like;
Assuming peace officer is the correct verbiage (not pushing, just curious at what i found)" Peace officer; A person who is licensed as a peace officer under Chapter 1701, Occupations Code, and who has been employed full-time as a peace officer by a law enforcement agency"
Occupations Code referenced above statesAnd the code of criminal procedure, Art 2.12 statesOCCUPATIONS CODE,TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY CHAPTER 1701. LAW ENFORCEMENT OFFICERS
(4) "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, or other law.
So if any of those "Peace Officers" as defined by code of criminal procedure, Art 2.12 ask me for ID, Im am required to present my CHL?Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(2) constables, deputy constables, and those reserve deputy
constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who
hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(4) rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety;
(5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic Beverage Commission;
(7) each member of an arson investigating unit commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services Commission;
(10) law enforcement officers commissioned by the Parks and Wildlife Commission;
(11) airport police officers commissioned by a city with a population of more than 1.18 million that operates an airport that serves commercial air carriers;
(12) airport security personnel commissioned as peace officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and security officers;
(14) security officers and investigators commissioned as peace officers by the comptroller;
(15) officers commissioned by a water control and improvement district under Section 49.216, Water Code;
(16) officers commissioned by a board of trustees under Chapter 54, Transportation Code;
(17) investigators commissioned by the Texas State Board of Medical Examiners;
(18) officers commissioned by the board of managers of the Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;
(19) county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code;
(20) investigators employed by the Texas Racing Commission;
(21) officers commissioned under Chapter 554, Occupations Code;
(22) officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code;
(23) investigators commissioned by the attorney general under Section 402.009, Government Code;
(24) security officers and investigators commissioned as peace officers under Chapter 466, Government Code;
(25) an officer employed by the Texas Department of Health under Section 431.2471, Health and Safety Code;
(26) officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code;
(27) officers commissioned by the state fire marshal under Chapter 417, Government Code;
(28) an investigator commissioned by the commissioner of insurance under Article 1.10D, Insurance Code;
(29) apprehension specialists commissioned by the Texas Youth Commission as officers under Section 61.0931, Human Resources
Code;
(30) officers appointed by the executive director of the Texas Department of Criminal Justice under Section 493.019, Government Code;
(31) investigators commissioned by the Commission on Law Enforcement Officer Standards and Education under Section 1701.160, Occupations Code;
(32) commission investigators commissioned by the Texas Commission on Private Security under Section 1702.061(f), Occupations Code;
(33) the fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code; and
(34) officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the
limitations imposed by that section.
And any of those "Peace Officers" may disarm me?I assume Im reading it wrong and just not understanding how the various codes and such stack up, preempt another, ect.GC §411.207. AUTHORITY OF PEACE OFFICER TO DISARM.
(a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer
reasonably believes it is necessary for the protection of the license holder, officer, or another individual
Or can a "officers commissioned by the State Board of Dental Examiners " really disarm me
Should have used the term peace officer. They are commissioned peace officers.E.Marquez wrote:For my edification ;Keith B wrote:A game warden is a law enforcement officer and if asked to show ID when carrying you are required to also produce your CHL.
You use the phrase "law enforcement officer"
...........................................
And any of those "Peace Officers" may disarm me?I assume Im reading it wrong and just not understanding how the various codes and such stack up, preempt another, ect.GC §411.207. AUTHORITY OF PEACE OFFICER TO DISARM.
(a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer
reasonably believes it is necessary for the protection of the license holder, officer, or another individual
Or can a "officers commissioned by the State Board of Dental Examiners " really disarm me