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by Papa_Tiger
Tue Dec 29, 2015 10:39 pm
Forum: General Texas CHL Discussion
Topic: Failure to ID
Replies: 27
Views: 5671

Re: Failure to ID

stingeragent wrote:I'm fairly certain that amendment made it into the final bill after all the CLEO's made a huge stink over it.
What amendment?
by Papa_Tiger
Mon Dec 28, 2015 5:24 pm
Forum: General Texas CHL Discussion
Topic: Failure to ID
Replies: 27
Views: 5671

Re: Failure to ID

Ruark wrote:
ScottDLS wrote: I guess they could arrest you for Unlawful Carrying of a Weapon (46.02), since you can't carry without a license. The biggest question seems to be do the police have reasonable suspicion to detain someone simply for carrying.

It's akin to stopping someone for driving, because it's illegal to drive without a license. Texas transportation code actually says the police CAN do this, but SCOTUS has disagreed since 1979.
Yes, but that has been brought up a hundred times, and was addressed in the new legislation with an amendment which specifically allows LEOs to ask for your CHL and ID. Of course, they have to detain you momentarily in order to do so.
Show me the text of the amendment in HB 910 as enrolled and signed by Governor Abbot and I'll believe you.

There was a failed amendment to allow police officers to do what you are saying: House Reading 2 Amendment 16 Text

This amendment, along with many others was tabled meaning it didn't make it into the law.

The amendment that was added in the Hosue, stripped from the Senate Committee report, added again (sort of) in the Senate and then left out of the final bill would have prevented officers from asking for your CHL solely on the basis of openly carrying a handgun in a shoulder or belt holster. It is the absence of such an amendment (and one might say the addition and removal of the Dutton/Huffines amendments) that has emboldened law enforcement to assert that they have a right to stop you to ask for your LTC absent reasonable suspicion under the 4th Amendment, Terry v. Ohio etc.

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