Duty To Inform?

[RBDK]

I know that if I am required to show my CHL to an officer when asked for ID during a traffic stop, but I was wondering if the same is true if I am just asked for ID while walking down the street.

I am confused because I know that during a traffic stop you are actively being detained. The detainment resulted in the fact that you are suspected of committing some sort of traffic law violation and you must show ID when you have been detained. But in the case that an officer, for some reason, wants to stop me while out and about and ask for ID do I have to provide my CHL? If I'm not suspected of committing a crime, and I am not officially detained, there is no reason for me to have to show any ID.

To be clear, I would pretty much always just work with any officer and provide ID. It's not that big a deal to me, and not really worth arguing over. I'm just curious about the actual law. The law (SEC. 411.205) makes it seem as though you must provide both a state issued ID and your CHL ANYTIME you are asked for it, whether you are actively detained or not.

[mojo84]

viewtopic.php?f=53&t=79567&hilit=Duty+to+inform

[RBDK]

That doesn't answer my question. That thread is discussing a situation where you are being detained and not currently carrying a weapon. Under those circumstances you are already being detained and must identify yourself, but you don't have to show your CHL. I am asking about a situation where you are not technically being detained. Do you have to identify yourself as a CHL holder if an officer just walks up to you and asks for identification for seemingly no reason?

[Taypo]

I know that if I am required to show my CHL to an officer when asked for ID during a traffic stop, but I was wondering if the same is true if I am just asked for ID while walking down the street.

I am confused because I know that during a traffic stop you are actively being detained. The detainment resulted in the fact that you are suspected of committing some sort of traffic law violation and you must show ID when you have been detained. But in the case that an officer, for some reason, wants to stop me while out and about and ask for ID do I have to provide my CHL? If I'm not suspected of committing a crime, and I am not officially detained, there is no reason for me to have to show any ID.

To be clear, I would pretty much always just work with any officer and provide ID. It's not that big a deal to me, and not really worth arguing over. I'm just curious about the actual law. The law (SEC. 411.205) makes it seem as though you must provide both a state issued ID and your CHL ANYTIME you are asked for it, whether you are actively detained or not.

Do people get randomly stopped on the street and asked for ID these days?

I ask because up until about 10 years ago, I didn't have a drivers license (never needed one before Texas) and walked/used public transportation daily. I was randomly stopped exactly ZERO times.

Personally, I'd treat it the same as a traffic stop and give em both to be polite.

[lildave40]

viewtopic.php?f=53&t=79567&hilit=Duty+to+inform

I think this thread hits the nail on the head. But if you want to ask the same question, but in a different way. Allow this newb answer from I have learned. I am walking down the street and a Leo comes up to me and ask me for my Identification I am going to comply. I am also going to notify him with both licenses. If I am carrying, I will also politely keep my hand away from the concealed gun and tell him that I am carrying. If I am not carrying I will notify him that I am not. Bottom Line is I am going to communicate to the leo any and all information he ask for. The other reason I will notify him is to be polite to him/her doing the job.

[thetexan]

The thing that triggers the requirement to display the license is a demand by a peace officer or a magistrate to show identification at a time when the holder is carrying a handgun on or about his person.

Any demand at a time when you have your gun. Street, bathroom, your bedroom. That's the plain wording of the statute. Whether the magistrate or peace officer has a right to make the demand is debatable based on circumstances and location but that is not a part of 411.205. If you defy a demand and you have your gun you takes your chances.

tex

[mojo84]

Even though one is required by law to show the LTC along with ID, there is no penalty for not doing so.

It just depends on how fine a line one draws and how obstinate one to chooses to be.

I can't see how showing the ID whether carrying or not can hurt. I'm sure someone will dream up a reason beyond "it's America and I don't have to".

[srothstein]

This is still a gray area under the law. According to the law on failure to identify, you do not need to give any ID at all unless you are arrested. It is illegal to give a false ID if you are a suspect or a witness but you do not need to ID in those cases. As a side note, when you are stopped for a traffic violation, a Court of Criminal Appeals case says it is an arrest, not a detention.

Based on this lack of requirement to produce ID, some people have opined you do not need to unless you are under arrest where the officer can legally require ID. The law on producing your CHL however says it is required whenever the officer "demands" ID. This is not a term defined in the law to the best of my knowledge. I think most people concede that it would be required if you are armed and are detained. Most people also, I think say it is not required if you are just randomly stopped. I am not as sure of this point.

As a matter of tactics, I recommend going along with the officer as the quickest way to avoid problems in your day to day life. As you point out that you would do, give him the ID and CHL. I also recognize that this will lead to more encroachment on your rights and helps create the opinion that police can demand ID anytime (which they can in some states, we are lucky to live in Texas).