Right, but the Terry decision gives an officer the authority to briefly detain for any reasonable suspicion of criminal activity. (There is a difference between reasonable suspicion and probable cause) During that detention, the officer can demand identification. For instance: "It's illegal to carry a gun in the state of Texas, unless you have a LTC. You are carrying a gun. Could I please see your LTC?"Papa_Tiger wrote: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.TVegas wrote: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.Papa_Tiger wrote:If you are going to reference 411.205, you might actually want to read it and understand what it says...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.
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.
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.
There really is no debate here. Open carry is not legal in Texas, but there is an exception for LTC holders. This an important distinction that separates Texas from most other states where there is not a law against carrying a gun openly. All those people who have made YouTube videos exercising their rights and refusing to give ID to police could be arrested and charged in a heartbeat here.
I wish that the amendment (Huffines?) barring an officer from asking for a license without probable cause had made it through, but that's unfortunately not the case.
