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Return to “Required Presentation of CHL when NOT Carrying?”

by hirundo82
Wed Feb 23, 2011 5:13 pm
Forum: General Texas CHL Discussion
Topic: Required Presentation of CHL when NOT Carrying?
Replies: 42
Views: 6125

Re: Required Presentation of CHL when NOT Carrying?

puma guy wrote:Sorry if flagellating the proverbial equine beast, here. But........A deffinitive answer would be greatly appreciated if there is someone who will go that far. I rarely drink, but if I anticipate that I might imbibe I leave my CCW and CHL at home since, I interpreted the law to present CHL only when carrying. ????? Ofcourse I could just make sure I always carry my CHL regardless, but it's nice to know and understand the law.
I'm not sure what definitive answer you are asking for. There is absolutely no question that you are only required to present your CHL if asked to identify yourself and you are carrying on the authority of your CHL at the time.

No handgun or about your person-->not carrying under the authority of your CHL-->no requirement to present CHL if asked to identify yourself (and no requirement to present ID if not driving).
by hirundo82
Wed Feb 23, 2011 9:40 am
Forum: General Texas CHL Discussion
Topic: Required Presentation of CHL when NOT Carrying?
Replies: 42
Views: 6125

Re: Required Presentation of CHL when NOT Carrying?

RoyGBiv wrote:
hirundo82 wrote: I was applying Hanlon's Razor in this case, but you may be correct.
Thanks for my new Sig line... :thumbs2:
Glad to be of service. :tiphat:
by hirundo82
Tue Feb 22, 2011 6:19 pm
Forum: General Texas CHL Discussion
Topic: Required Presentation of CHL when NOT Carrying?
Replies: 42
Views: 6125

Re: Required Presentation of CHL when NOT Carrying?

RicosRevenge wrote:I'm almost coming to the conclusion the the GVPD may actually be intentionally harrassing CHL holders in an intent to confuse us into NOT carrying "just in case."
I was applying Hanlon's Razor in this case, but you may be correct.
by hirundo82
Tue Feb 22, 2011 5:36 pm
Forum: General Texas CHL Discussion
Topic: Required Presentation of CHL when NOT Carrying?
Replies: 42
Views: 6125

Re: Required Presentation of CHL when NOT Carrying?

Aside: is Grapevine PD unusually badly educated about CHL law? We seem to discuss them a lot around these parts.

Failure to present CHL has never been a felony. There is no penalty for failure to present since last legislative session, but even before that a first offense was 90 day suspension of your CHL, and the second offense was a Class B misdemeanor.

Prior to the 81st Legislative Session, the relevant section read:
Sec. 411.205. 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.

Return to “Required Presentation of CHL when NOT Carrying?”