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by 3dfxMM
Fri Oct 09, 2009 10:41 pm
Forum: General Texas CHL Discussion
Topic: A disappointing State Fair episode 10-1-09
Replies: 358
Views: 58933

Re: A disappointing State Fair episode 10-1-09

I understand your conclusion but here is my logic. The authority to demand presentation of CHL and identification credentials is narrowly defined in 411.205.
411.205 doesn't discuss the authority to demand presentation of a CHL at all. It simply says that when asked to show ID by a magistrate or LEO we must also show our CHL if we are armed at the time.
The only time I need to prove I am carrying legally is in compliance with state law. I.E. display of credentials to notify an arresting officer (a traffic stop is an arrest), upon discovery and challenge of my being armed by a peace officer or magistrate.
Again, there is no mention of the circumstances when you might have to show your CHL other than it is never required if you are not armed.
by 3dfxMM
Fri Oct 09, 2009 5:40 pm
Forum: General Texas CHL Discussion
Topic: A disappointing State Fair episode 10-1-09
Replies: 358
Views: 58933

Re: A disappointing State Fair episode 10-1-09

DragonFighter, you keep saying that they are in violation of state law and that only magistrates/LEOs can ask someone to display their CHL. I haven't been able to find such a statute. The one you mention, 411.205, doesn't say that. It says that we must produce both if asked for ID when we are carrying. It doesn't say that it is against the law for someone else to ask us. We certainly aren't compelled to provide the information, but I haven't seen anything that says they can't ask. It is not unreasonable for them to wand people to help keep unlicensed persons from bringing weapons on site. It is not, therefore, unreasonable for someone to need to show that they are indeed carrying legally. Where they have crossed the line is in taking down the information. There is absolutely no reason for that.

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