TexasCHLforum.com

jbarn wrote:Under the penal code, no one has to produce ID unless engaged in a licensed activity like operating a motor vehicle on a public roadway, hunting, carrying a handgun under a CHL, etc., or if under arrest

If you are a pedestrian and a LEO asks you to identify yourself, it is no offense to refuse. Only if you are arrested must you give your Name, residence address or date of birth. It is unlawful to lie if you have been lawfully arrested, detained or the LEO believes you were a witness to a crime. Otherwise, you do not have to ID.

So, what law requires you to ID if you are carrying a handgun under a CHL? The Texas Government Code section 411(h) 411.205 states, " 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. "

There is no stipulation that you must be under arrest, or lawfully detained, etc. Interestingly, there is no penalty if you refuse. Other than a ticked off cop.....

However, if the officer suspects you have a handgun and you fail to show your CHL, he just might have PC to arrest you for Unlawfully Carry Weapons. He has no way of knowing your handgun is lawfully carried if he cannot ascertain you have a CHL. For example, you are walking home from the local 7-11. A crime happens in the neighborhood with a vague description of the suspect, and you look pretty close. The officer conducts a Terry search (see Terry v Ohio) and discovers your gun. He then asks you for ID. Under the "failure to ID", Penal Code 38.02, you have no obligation to say who you are. However, under TGC 411.205 you are required. The officer arrests you for UCW. Now you have a legal obligation to ID.

Make sense? Easier to just ID yourself.....

Easier to just ID yourself.....