TexasCHLforum.com

Posted: **Fri Jun 06, 2014 8:29 pm**

I have a question for y'all, I am planning on traveling down to south Texas and I know there's a few border patrol check points, now Here's the question, I'm I required to present them my CHL license when asked for id?

Posted: **Fri Jun 06, 2014 8:49 pm**

Border Patrol are law enforcement officers, and as you are in Texas the law says you must present you license if you are carrying.

Posted: **Fri Jun 06, 2014 10:15 pm**

Only if you are asked for I D..
The BP Checkpoints north of the border only ask if you are American Citizen.. Driving south you dont stop

Posted: **Fri Jun 06, 2014 10:56 pm**

Keith B wrote:Border Patrol are law enforcement officers, and as you are in Texas the law says you must present you license if you are carrying.

Keith, I don't think Border Patrol are Peace Officerd under Texas law. I believe they are "Special Investigators" under the Code of Criminal Procedure. Since they are not Peace Officers, a CHL holder is not required to display under Texas law.
http://www.statutes.legis.state.tx.us/D ... 2.htm#2.12" onclick="window.open(this.href);return false;

http://www.statutes.legis.state.tx.us/D ... .htm#2.122" onclick="window.open(this.href);return false;

Posted: **Fri Jun 06, 2014 11:07 pm**

That is what I have always believed. I just did not. Know where to look to prove the difference.

I believe this is the reason when people refuse the check point the DPS is always called.

Posted: **Sat Jun 07, 2014 8:14 am**

I guess legally they are not defined as a peace officer in Texas, and the law does say 'peace officer'. I would still present my CHL along with my DL if I was carrying and had to present ID.

GC §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.
---
Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 12A.02, eff.
September 1, 2009.

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.

Posted: **Sat Jun 07, 2014 8:55 am**

I live in south Texas, and go through the various border patrol check points between 15 and 20 times per year, and have done so for the past 25 years. That is a total of around 400 times. I have never been asked for ID. They will always ask if you are a U.S. citizen, will occasionally ask where you are headed, and very rarely will ask a series of questions as to whether you are carrying in excess of $10K in cash or negotiable instruments.

I've never had a problem. I respond to their questions truthfully, and nicely, and then they say have a nice trip, and I go on my way. Just be courteous, and you will have no issues whatsoever.

Enjoy your time in our area!

Posted: **Sat Jun 07, 2014 11:07 am**

Thanks I am going to Big Bend later this year.

Posted: **Sat Jun 07, 2014 11:52 am**

They won't be a problem. A couple of months ago, I encountered a checkpoint in southern New Mexico. Officer asked if my wife and I were US citizens, and that was it. Two days later another checkpoint in southern Arizona. Same routine except the officer took his sweet time peering through my rear tinted windows, checking the back seat, while another officer with a dog did the sniff routine up and down the passenger side of my, pickup. Each stop lasted only a matter of seconds.

Posted: **Sat Jun 07, 2014 2:13 pm**

I live in the Valley and asked this exact question during a CHL renewal course several years ago. The instructor was a retired Hidalgo County Sheriff's Department Investigator. He stated that in the eyes of Texas law, Border Patrol Agents are not Law Enforcement Officers and that there is no requirement to present a CHL to them. My own plan is that if I am ever pulled over by a Border Patrolman and asked for identification while carrying, I will give him my CHL as well as my wallet size passport. In reality I go through Border Patrol checkpoints quite frequently and have never been asked for identification.

Posted: **Sat Jun 07, 2014 2:21 pm**

Not trying to hi-jack this thread, but is there a legal Constitutional Law that gives the BP power to stop citizens in the United States when they are anywhere from 25-50 or better miles inside the US border.

I can drive to Laredo, TX and never leave the US, but I still have to stop and be interrogated in my own Country.

Posted: **Sat Jun 07, 2014 2:23 pm**

GringoViejo wrote:In reality I go through Border Patrol checkpoints quite frequently and have never been asked for identification.

Same here. I lower all the windows as I'm pulling up and barely come to a complete stop before being waved on.

Posted: **Sat Jun 07, 2014 3:47 pm**

carlson1 wrote:Not trying to hi-jack this thread, but is there a legal Constitutional Law that gives the BP power to stop citizens in the United States when they are anywhere from 25-50 or better miles inside the US border.

I can drive to Laredo, TX and never leave the US, but I still have to stop and be interrogated in my own Country.

They supposedly have a 100-mile jurisdiction from the border to enforce immigration laws. http://www.immigrationpolicy.org/just-f ... s-overview" onclick="window.open(this.href);return false;

Posted: **Sat Jun 07, 2014 4:04 pm**

Thanks Keith. That is something has always bothered me. Being a United States Citizen being asked by someone with broken English if I was a Citizen.

Posted: **Sat Jun 07, 2014 5:12 pm**

carlson1 wrote:Not trying to hi-jack this thread, but is there a legal Constitutional Law that gives the BP power to stop citizens in the United States when they are anywhere from 25-50 or better miles inside the US border.

I can drive to Laredo, TX and never leave the US, but I still have to stop and be interrogated in my own Country.

Constitution? Are you one of those militia extremists?

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