Search found 2 matches

by dlh
Wed Jul 11, 2018 4:34 pm
Forum: LEO Contacts & Bloopers
Topic: Don't need to show LTC to LEO when carrying.
Replies: 45
Views: 31147

Re: Don't need to show LTC to LEO when carrying.

:confused5
Charles L. Cotton wrote: Wed Jul 11, 2018 1:26 pm
ELB wrote: Wed Jul 11, 2018 10:28 am
oohrah wrote: Tue Jul 10, 2018 8:49 pm ...According to the LEO I interacted with, this GC does no longer apply. ...
I don't believe he is correct, but it is a useless bit of code.
The duty to disclose your LTC still exists. The penalties were removed in 2009 and that may be what the LEO means. A duty without a remedy for noncompliance is effectively neutered.

Chas.
For Charles, ELB, and anybody else who might be interested how about this hypothetical...

Law officer stops you for speeding and asks to see your driver's license and handgun license. You show him your driver's license but refuse to show him your handgun license.

He then arrests you or writes you two citations: one for speeding, the other for failing to obey a lawful order of a police officer under Section 542.501 of the Texas Transportation Code...

https://statutes.capitol.texas.gov/Stat ... =1/29/2015

The lawful order arises by virtue of the language in Section 411.205 of the Government Code...Most violations of the Texas Transportation Code (failing to obey a lawful order would be included in this but I could be mistaken) would be at least a Class C Misdemeanor subject to a monetary fine.

Of course it can be argued the legislature removed the penalty for failing to display a handgun license but what if you get a hard-headed prosecutor (I have known a few) who chose to go with the more general refusal to obey the lawful order charge?

Is there any case law parsing and nuancing this area? Somehow I doubt it but your input is always appreciated.
by dlh
Tue Jul 10, 2018 4:54 pm
Forum: LEO Contacts & Bloopers
Topic: Don't need to show LTC to LEO when carrying.
Replies: 45
Views: 31147

Re: Don't need to show LTC to LEO when carrying.

oohrah wrote: Tue Jul 10, 2018 4:38 pm Had a weird collision with a runaway tire today that put me on the side of the road (long story, another time perhaps).

Local Temple PD LEO showed and wrote up the report. He asked for my DL and insurance. I was carrying (concealed), so I also showed him my LTC.

He said that was no longer necessary, since LTC went into effect. And that you only are required to show your LTC if they specifically ask for this.

Did I miss a law change?
Don't know if this has been repealed or not. I always show law enforcement my handgun license if they ask "for identification."

https://codes.findlaw.com/tx/government ... 1-205.html

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