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by puma guy
Thu Feb 24, 2011 11:51 pm
Forum: General Texas CHL Discussion
Topic: Required Presentation of CHL when NOT Carrying?
Replies: 42
Views: 6129

Re: Required Presentation of CHL when NOT Carrying?

Keith B wrote:Seriously, only a complete stop is all that is technically required. We were taught in uniform traffic school that if the momentum of the vehicle had not settled (i.e. the body of the vehicle was still moving from a real fast stop), then a complete stop was not made. It is still a questionable thing.


Which bring up a question for the active LEO's on the forum. Do the dashcams these days record all the time or only when the emergency lights are turned on? I know they can be manually activated, but wondered if in general the supposed improper stop at the stop sign would have been on video if in the view of the dashcam?
Would that be forward momentum or the backward lurch from suspension?
by puma guy
Wed Feb 23, 2011 7:14 pm
Forum: General Texas CHL Discussion
Topic: Required Presentation of CHL when NOT Carrying?
Replies: 42
Views: 6129

Re: Required Presentation of CHL when NOT Carrying?

hirundo82 wrote:
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).
Thanks. That's the way I interpreted. :tiphat:
by puma guy
Wed Feb 23, 2011 2:44 pm
Forum: General Texas CHL Discussion
Topic: Required Presentation of CHL when NOT Carrying?
Replies: 42
Views: 6129

Re: Required Presentation of CHL when NOT Carrying?

jamisjockey wrote:
TxKimberMan wrote:
RicosRevenge wrote:
Beiruty wrote:By law:
1) You should present both your DL and your CHL, carrying or otherwise when requested by LEO.
2) The law has been amended as there is no more penalty for failure to do 1).
3) You still have to do 1).
Great, please show me where that law is so I know.

GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (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 identificatio
n, 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.

I see no requirement to display your CHL if you're not carrying.
:iagree:

The statute specifically says "is carrying".
And there is no penalty for not doing so.
Me, I'd call the department and tell them that they have cops running around threatening to felony arrest people for a non-event. I'd consider calling the AG, too. What if he was having a bad day and pulled you over in this exact situation? What if you fail the "attitude test"? This cop is going to hook someone up for a non event sooner or later. :waiting:
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.

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