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by Tex1961
Wed May 10, 2023 8:24 pm
Forum: General Texas CHL Discussion
Topic: ID Requests from Law Enforcement
Replies: 26
Views: 13324

Re: ID Requests from Law Enforcement

srothstein wrote: Wed May 10, 2023 8:21 pm I think this is a very gray area of the law. As posted, the law requires you to display both your ID and LTC if you are asked to by a peace officer or magistrate. There are two problems with this. The first is that the penalty for not doing so has been repealed, which makes it a useless law.

The bigger problem is that it does not give the police or magistrate any additional authority to demand the ID. That makes it questionable if the officer asks for the ID when you are not required to present it, such as you just walking down the street when a cop stops you and asks for ID for no reason. Since he has no authority to demand an ID, can you get in trouble for not providing it? This is even more confusing if there is no penalty to the law.

I think the best way to consider this is to try to guess the legislature's intent. It was not to provide police with a means to make you identify yourself, but to make sure the officer knew you were carrying a weapon if he did stop you for some legal reason. This is why it says to present the LTC with the ID, not the other way around. It is also why it only requires you to show it if you are carrying a handgun.

And again, with no penalty, it is not anything to worry about now.
Can you point to the relevant section where the penalty was repealed.

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