Burnet Co. Sheriff

[phddan]

Had the occasion to call for a sheriff to respond out to my property Saturday.
About a 45 min response time out in my neck of the woods.
Was professional and personable. When he got around to writing up the report he asked for i.d., so i gave him both the DL and CHL, and without batting an eye he handed the CHL back and used the DL for the information on his report.
Good encounter all round.

Dann

[Fourman]

Since you were at your property from what I read no CHL is needed. Heck you could open carry, but you risk the LEO getting a bit uncomfortable.

Brian

[longtooth]

Yopu are legal on your own property.
I find the CHL in that situation to be more of a character refference than a legal requirement.
I would present it too.

[phddan]

Sorry, should have clarified that I was on my easement road, so was on private property, just not mine. Our property lines are to the middle of the road, with a 30' easement.

Dan

[srothstein]

I just wanted to point out again that you need to hand over the CHL with the DL if you are carrying, even if on your own property. The law just says to produce both when you are carrying. It does not say when carrying under the authority of the CHL.

This may be a very debatable point and I could be interpreting the law incorrectly, but do YOU really want to be the test case?

[phddan]

I wish I could leave my wallet on my dresser when I'm bouncing around on the tractor all day. But I never leave home without it. If there ever is a problem, I want the leo to know upfront whats up.
Now don't get me wrong, if I'm shooting off the back porch, I might not have my wallet with me, but I do anywhere else.

Dan

[Fourman]

Very valid question. Do you need to carry your CHL with you while on your own property? I do not right now since I rather not carry my wallet out in a field of mud while I am repairing fences and such. But the question to carry it is very valid.

Brian

[TX Rancher]

I wish I could leave my wallet on my dresser when I'm bouncing around on the tractor all day. But I never leave home without it. If there ever is a problem, I want the leo to know upfront whats up.
Now don't get me wrong, if I'm shooting off the back porch, I might not have my wallet with me, but I do anywhere else.
Dan

Good point about having ID on you and it being a pain when you’re on your tractor.

I do custom baling to make a few bucks on the side, and worried about losing my wallet while getting on/off the tractor and crawling around trying to fix/unstop the baler. The same goes for my pistol. Crawling around on the ground would make keeping it concealed a challenge. Also, baling can be very hot work and I prefer not wearing a cover garment.

The solution for me was to get a fanny pack. It works out great, I hang it inside the cab so my wallet and pistol are always close, and my customers don’t know I have a weapon.

Tactically I know having it in the tractor while I’m outside tending to the baler is not exactly the best option, but I don’t really feel that exposed. I have never run into a fellow baler who was robbed while doing hay. I’m sure it happens, but I doubt it’s high on the probability list.

But I prefer to have the weapon for getting to and from the hay job. Stop to get fuel, maybe go get some lunch, or swing by the tractor dealer to pick up parts or twine.

While on my own property, I tend not to carry my wallet, which may not be a smart idea…I’ll have to re-think that based on what I’ve read in this thread…

On my property, the pistol is always in a holster and open carry. Again, it’s hot and I rather do without the cover garment.

I have easements, like everyone else, but they’re things like utilities, and along the road the county has one. My property borders the road on one side, so I don’t need an easement from a neighbor for access (I’m not “Land Locked�). I also have good neighbors. We work together to mend fences and watch out for each others cattle. Having good neighbors is a luxury.

I just wanted to point out again that you need to hand over the CHL with the DL if you are carrying, even if on your own property. The law just says to produce both when you are carrying. It does not say when carrying under the authority of the CHL.

This may be a very debatable point and I could be interpreting the law incorrectly, but do YOU really want to be the test case?

Am I required to carry ID when out an about on my own property (armed or not)? If so, what’s the definition of “carry�? For example, if my wife and I are swimming in one of our ponds, it’s hard to believe I have to put my DL in a baggie and stuff it in my suit. So how close does it have to be? Is back at the house acceptable?

GC §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

By literal interpretation of the above, I need to carry my DL & CHL whenever I have a weapon in my possession, location doesn’t matter and neither does method of carry (OC/CC).

[LedJedi]

I'm not sure of the actual legal requirements, but our CHL instructor made it QUITE clear that anytime we were asked for ID we had better present that CHL card as well, no matter where we were, what we were doing or if we were carrying it or not.

I've always stuck to that. No harm in it that I can see.

[stevie_d_64]

I'm not sure of the actual legal requirements, but our CHL instructor made it QUITE clear that anytime we were asked for ID we had better present that CHL card as well, no matter where we were, what we were doing or if we were carrying it or not.

I've always stuck to that. No harm in it that I can see.

Ain't nothing wrong with that...

And notice what Dan said about it when he did notify...(Didn't bat an eye)

I find that to be the norm these days from Law Enforcement...And thats ok...

Imagine the fight that will ensue though if there ever is a bill introduced to remove the "notification" requirement from the law...

But thats a discussion for another day and thread...

[chewy555]

To me, if I am on my property then I am not carrying under my CHL. So having my I.D. back at the house is ok if I was worried about dropping it while doing work on the property. Now I may be wrong with this, but this is how I see it.
Jedi, if you do not have your weapon with you then you do not have to show the LEO your CHL. You only have to show it if you have a weapon with you.

[seamusTX]

Here is the law:

GC §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.

Most of the times I have been asked for ID by a police officer, I was at home. They ask for ID when you report a crime.

That said, I don't normally carry ID at home, and I have gone as far as the mailbox openly carrying. The police don't have X ray eyes and they don't sit around looking for homeowners openly carrying, at least not around here. We also do not have nosy neighbors.

- Jim

[phddan]

'And notice what Dan said about it when he did notify...(Didn't bat an eye)

I find that to be the norm these days from Law Enforcement...And thats ok...'

Well, to be fair, so far its 50/50. Had a dps officer pull me over for no mud flaps. After I showed him the licenses, he asked where it was at, and I told him between the seat and console. He ordered me out of the truck, and to stand in front of his car. He took my hk and emptied it into the seat, and I mean unloaded the whole mag, and left it locked back.
After I got a lecture about mud flaps, he instructed me not to get in my vehicle until he pulls away.
Yeah, he was arrogant, cocky, and had no personality, but he was young and full of himself. But I only got a verbal warning, probably because of my cool demeanor, and likable personality.

Dan

[stevie_d_64]

'And notice what Dan said about it when he did notify...(Didn't bat an eye)

I find that to be the norm these days from Law Enforcement...And thats ok...'

Well, to be fair, so far its 50/50. Had a dps officer pull me over for no mud flaps. After I showed him the licenses, he asked where it was at, and I told him between the seat and console. He ordered me out of the truck, and to stand in front of his car. He took my hk and emptied it into the seat, and I mean unloaded the whole mag, and left it locked back.
After I got a lecture about mud flaps, he instructed me not to get in my vehicle until he pulls away.
Yeah, he was arrogant, cocky, and had no personality, but he was young and full of himself. But I only got a verbal warning, probably because of my cool demeanor, and likable personality.

Dan

How dare you have no mud flaps! What were you thinking!

Don't get back in your vehicle till after he leaves???

I love that one...

[phddan]

That was the third set that got pulled off from backing up off road. After I showed the leo the two sets in the bed, is when I think I got out of the ticket.
I did solve the problem flaps though. I welded a piece of steel angle behind each wheel near the back of the bed on the bumper frame, and mounted the flaps to that. So now, even if the flaps get pushed all the way forward, they don't touch the wheels. Looks a little different from all the other dually's, but it solved that problem for good.

Dan