TexasCHLforum.com

MasterOfNone wrote:Perhaps I'm a bit dense today, but I still don't see a definitive answer. I see "You do not have to carry a physical ID unless I think you're lying." So, is there a requirement to carry a physical ID when not driving and not carrying a gun?

From both the discussion with gigag04 and my prior understanding, there is NO requirement to carry a physical ID, but if the LEO suspects that you are lying when providing verbal identification, there will be ample pretense under other statutes to legally detain you and have your identification verified.

gigag04 wrote:Like I said, it's a problem solving tool. It's not something I'm working to combat in my zone, just a way to get figure out who someone is.

gigag04, not to belabor the point, but I still have a question... Do you actually need a physical identification card on you while walking down the street (without a CCW) or if/when a LEO asks you for "ID" is it enough to provide your name, address, etc.?

Even if an infraction occurred, such as the minor ones you've provided, is it illegal to not a physical identification card or will verbally providing the accurate information suffice? I understand that you would be more inclined to arrest for the infraction to verify my identity.

(Edited for clarity of the last paragraph.)

Dave2 wrote:I think he's talking about not having his ID on him, not refusing to tell the cops who he his.

This. I think you still must tell the LEO your name, address, etc.

I would also like to know the code that requires state identification to be with you at all times, if I am mistaken.

seconds wrote:I stand corrected! </grovel>

Didn't mean to come off over the top... just wanted to make sure our fellow forum member didn't find himself/herself in any legal entanglements. Please, no groveling.

Just the CHL is INCORRECT.

First, if you are carrying under the authority of a CHL, it is my understanding that you will need to provide BOTH a driver's license (or state issued identification card) and the CHL. See Texas Government Code §411.205.

TGC §411.205 wrote: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.

Second, regarding the requirements that one must have an ID at all times, Texas does not have an official "Stop and Identify" law on the books.

Wikipedia.org wrote:Texas does not require a detainee to identify himself, but does make it a crime to provide a false name. Texas Penal Code § 38.02 reads, in relevant part,
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
See Stop and Identify Statues footnotes.

You can walk down the street (without carrying, or without carrying under authority of a CHL) without an ID.*

The usual IANAL, etc...

*Edited to make clear.