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by Mike S
Mon Oct 18, 2021 9:37 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Need a little clarification on new law
Replies: 13
Views: 4616

Re: Need a little clarification on new law

There's no change to #1. If you have an LTC AND you have a handgun on or about you, AND you are asked for ID by a LEO, then you are required to produce your ID & your LTC. However, there's no legal penalty for failure to do so (that was dropped from the statute several years ago, well before constitutional carry).
Reference: Sec. 411.205. 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:

(1) both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license; and

(2) if the license holder's handgun license bears a protective order designation, a copy of the applicable court order under which the license holder is protected
.

Regarding #2, I'm not aware of anything in the statue that specifically allowed, nor prohibited, LEOs from asking if you have an LTC when you are open carrying. If I recall correctly, there were some departments that had policies of not asking merely due to the presence of an openly carried handgun, absent some other factor to indicate threatening or unlawful conduct.

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