TexasCHLforum.com

The theory: If Officer comes up and asks for your CHL you can potentially tell him to go pound sand, show only it to him, or show him your DL and CHL. I chose to list these responses in order of bad to better to best.

Theory Pt2: If the same officer shows up and asks for your ID you are required to provide both your ID and your CHL if you are carrying.

Reality: Telling the officer to pound sand will likely result in him assuming sand is a code word for your freedom. Showing only your CHL if that is requested can get varying results from officers depending on the officer, his attitude, your attitude, and other circumstances. Showing both will be the best option to resolving the situation quickly and getting on your way.

Right2Carry: The issue with the DL/ID and CHL/LTC is actually the opposite of most people perception. Most people are thinking Law Enforcement can come up and demand to see the CHL/LTC and we have to show both the CHL/LTC and the DL/ID. LGC §411.205 actually goes the other way and requires you to present your CHL/LTC when an appropriate authority demands your DL/ID.

In essence there is technically no requirement to present your CHL/LTC when asked for it, but there is a requirement to present it when asked for your DL/ID. Looking at the language of LGC §411.205 you will get the idea that the legislatures intent was to require you to notify a magistrate or peace officer that you are armed when they demanded that you present ID.

I know I will regret posting that because now someone in OCT/CATI/OCTC/ect. will read it and decide to keep walking when asked for their CHL/LTC. My advice is not to argue the law with a police officer because the man with handcuffs, a baton, a gun, and similarly equipped buddies who are a radio call away can always declare themselves the winner so they can take you away where it will go to round two. If you end up in court that is the place to argue law, and you need to have an expert/professional do that for you. Instead of arguing with the officer document the details of the encounter, collect any information you can, and then hang onto it in case we see a need to try resurrecting something like the Dutton language. Two or three well documented cases would be valuable to the legislative efforts, twenty or so would show there is a real problem, but a few hundred would show there is a serious problem and that it needs to be addressed. Always remain polite, calm, and friendly when encountering LE. A well documented case of OC harassment will not be helpful if he officer shows his video with you calling them road pirates, pigs, and oath breakers. In fact you will be making their case for them.

When discussing he Dutton amendment the legislature felt it was not needed due to existing case law, among other things. If the legislature receives enough complaints that LE is harassing license holders who are open carrying a handgun lawfully the issue is likely to be revisited.

Keep in mind Grisham's little stunt in Oklahoma that gave anti-gunners a meme poster didn't help the Dutton Amendment, nor did the statement by militant OC groups and Stickland about Inadvertently/accidentally getting open carry, nor did all the bad press generated by OC groups who's leadership is ineligible for a Texas CHL. In the end OCT/CATI/OCTC/Ect. killed the Dutton amendment. Anyone who complains about LE stopping a license holder to demand their license needs to go thank OCT/CATI/OCTC/ect. and their leadership for the excellent job they did in killing the Dutton Amendment, and any bill it would have been attached to.