TexasCHLforum.com

Caliber wrote: ↑Thu Jun 08, 2023 4:07 pm My own thoughts:

You can be detained if there is reasonable articulable suspicion that a crime has been committed, is being committed, or is about to be committed.
You can be arrested if there is probable cause that you have committed a crime.
It's possible that a detention that takes longer than is reasonably necessary could be considered an arrest.
In most cases (and you are not driving), you do not have to provide ID to police unless you are arrested or you are a witness to a crime.
If you are driving and you are stopped by the police, you must present a driver's license (which happens to have your name, address, etc.).

Regarding gun carrying: We now have constitutional carry and there should be no reason why you would need to provide a handgun license to police. However, if I we're driving and was stopped by police, I would give them my DL and handgun license in the hopes that I would just receive a warning.

I'm going out on a limb here and say that we don't have Constitutional carry, that we have unlicensed carry. The law still requires you to present your LTC if asked for your ID.

C-dub wrote: ↑Thu May 11, 2023 6:33 am Okay, but is asking the same as demanding?

Yes. If he asks for your license, no matter how polite, in law it is a demand.

As I understand. IANAL, and I did not sleep at a Holiday Inn Express last night.

From The Texas Law State Library.
https://guides.sll.texas.gov/protest-rights/police

Do I need to show a police officer my ID?

Texas law only requires that you show your ID to a police officer under certain circumstances. These circumstances include: after you've been arrested, when you are driving, and when you are a License to Carry holder carrying a handgun.

Texas Law

Section 38.02 of the Texas Penal Code

Creates an offense for failing to identify yourself to a police officer after you have been arrested. Creates an offense for providing false identity information after you have been arrested or detained.

Section 521.025 of the Texas Transportation Code

Requires that drivers provide their drivers license upon request from a police officer while operating a motor vehicle.

Section 411.205 of the Texas Government Code

This statute requires those with a license to carry a handgun (LTC) to display their LTC and driver's license or identification certificate to a peace officer upon request. Those with a "protective order designation" must also display a copy of the order.
(This is ambiguous,. It makes it sound like it's separate from 38.02 or 521.025 but an office must first have a reason to demand ID.
Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. 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: - Jay)

Understanding the Law

Failure to Identify (Versus Texas)
https://versustexas.com/fort-worth-misd ... -identify/

This private attorney's website provides a detailed discussion of Texas's "failure to identify" law.