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by Charles L. Cotton
Sat Dec 20, 2008 7:52 pm
Forum: LEO Contacts & Bloopers
Topic: My first LEO encounter after receiving my license
Replies: 43
Views: 5041

Re: My first LEO encounter after receiving my license

A Texas resident can carry on a Utah CFP, or any other state's license, so long as Texas has reciprocity with that state, or if Texas has issued a unilateral recognition proclamation recognizing that license. Texas makes no distinction between residents and non-residents. (If a lot of people elect to get other states' licenses instead of a Texas license, the legislature may very well step in and change this, as did Colorado.)

If you are carrying on another state's license, then you must obey all Texas laws, as others have said. This includes complying with Tex. Gov't Code §411.205 that requires the displaying of your CHL when asked for identification by a LEO or magistrate. (See below.) Texas' new Motorist Protection Act does not change this requirement. Unlike other areas of the Penal Code and/or Government Code, §411.205 does not state that it applies "when carrying under the authority" of your CHL. I understand the argument that a CHL is no longer needed to legally carry a handgun in your car, but that doesn't change the specific language in §411.205. I know, this doesn't make sense.

Chas.
Tex. Gov't Code §411.205 wrote:Sec. 411.205. DISPLAYING LICENSE; PENALTY. (a) 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. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.
(b) A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (a) after previously having had the person's license suspended for a violation of that subsection. An offense under this subsection is a Class B misdemeanor.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.17(a), eff. Sept. 1, 1999.

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