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by jbarn
Sun May 04, 2014 9:46 pm
Forum: General Texas CHL Discussion
Topic: "Failure to Carry" - CHL license.
Replies: 33
Views: 4628

Re: "Failure to Carry" - CHL license.

JSThane wrote:
Running Arrow Bill wrote:No offense guys... :) However, that's what a man's pockets in his pants are for...to keep keys, wallet, etc. in them...even when at home...never know when you might have an emergency and rush out of the house.

That aside, for someone without DL, CHL, Registration, Proof of Insurance with and/or on them and you get stopped, it is "possible" you could be cited for "failure to identify". At the very least some serious explaining to do...

Have a good one!
Not according to my understanding of most common ID laws. I know of no law that requires a person to carry identification on them at all times, unless they are currently engaging in an activity that requires an ID (such as driving, carrying concealed in most states, etc.). A "man on the street" interaction with a cop requires no more than name and date of birth, IF the cop request them. "Papers please" does not apply outside of certain activities, no matter how much some people (and some cops) wish it were otherwise.
You do not even have to give a name and DOB unless under arrest.
by jbarn
Sun May 04, 2014 8:58 am
Forum: General Texas CHL Discussion
Topic: "Failure to Carry" - CHL license.
Replies: 33
Views: 4628

Re: "Failure to Carry" - CHL license.

Jumping Frog wrote:
jbarn wrote:You could be charged with a class A misdemeanor, unless alcohol is sold or serviced there. Then it is a felony.
I agree that is the black letter of the law.

However, I also don't believe that people are actually charged for either of those offenses when the officer has actual knowledge that the person is a licensee.
OK. Guess Ill just stick my license in my dresser drawer and forget carrying the thing. :leaving


Kidding aside, in 2012 twelve CHL holders were convicted of violating penal code 46.02, unlawful carry weapons. While the DPS stats do not show the specifics, I can imagine that could include not carrying the license. It could also be carrying an illegal knife or club, I suppose. What other things could those conviction be?
by jbarn
Sun May 04, 2014 7:36 am
Forum: General Texas CHL Discussion
Topic: "Failure to Carry" - CHL license.
Replies: 33
Views: 4628

Re: "Failure to Carry" - CHL license.

I have, on rare occasion, gone out without my wallat. Since ai wws wearing pants; however, I was armed. :???:

The law that allows you to carry only does so if you posses your CHL.

Penal Code 46.15(b) tells us that penal code 46.02 does not apply to a person who carries a valid concealed handgun license. Therfore, if you do not carry the license you do not have an exemption from 46.02. You could be charged with a class A misdemeanor, unless alcohol is sold or serviced there. Then it is a felony.

Texas Penal Code

Sec. 46.15. NONAPPLICABILITY

(b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun

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