Search found 2 matches

by Papa_Tiger
Wed Dec 23, 2015 9:12 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: AG opinion on SB11
Replies: 23
Views: 4126

Re: AG opinion on SB11

TVegas wrote:
Papa_Tiger wrote:
mreed911 wrote:Terry stop, RS, PC or not, the Government Code explicitly authorizes an officer to make the stop and check for a license. No opinion is needed. Until the leg changes GC 411, it's legal.
If you are going to reference 411.205, you might actually want to read it and understand what it says...

Please show me where it grants authority to an officer to demand your license. The statute is quoted for your convenience below:
GC 411.205 wrote: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.
Terry Stops were upheld by the court. It's common law. That statute is separate from the authority itself. The statute is a requirement put on the license holder when the officer initiates a Terry Stop.
My point exactly. The officer has to have a reason to demand your ID before you are required to present it. GC 411 does not give authorization to an officer to initiate a stop, it prescribes what action the license holder must take IF an officer demands identification from the license holder.

That being said, show the officer your license and you will be on your way. The street corner is not the place to be playing lawyer with an officer who is ignorant of the law. Follow it up after the fact with a complaint to his superiors including Open Records requests for the stop video as well as any 911 calls and other documentation if you are concerned about it.
by Papa_Tiger
Wed Dec 23, 2015 8:57 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: AG opinion on SB11
Replies: 23
Views: 4126

Re: AG opinion on SB11

mreed911 wrote:Terry stop, RS, PC or not, the Government Code explicitly authorizes an officer to make the stop and check for a license. No opinion is needed. Until the leg changes GC 411, it's legal.
If you are going to reference 411.205, you might actually want to read it and understand what it says...

Please show me where it grants authority to an officer to demand your license. The statute is quoted for your convenience below:
GC 411.205 wrote: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.

Return to “AG opinion on SB11”