A big reason I read and like this forum. While it's foolish to expect legal advice from the Internet, I'd defer to opinions on this forum rather than a single LEO.Charles L. Cotton wrote: ↑Wed Jul 11, 2018 1:26 pmThe duty to disclose your LTC still exists. The penalties were removed in 2009 and that may be what the LEO means. A duty without a remedy for noncompliance is effectively neutered.
Chas.
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Return to “Don't need to show LTC to LEO when carrying.”
- Thu Jul 12, 2018 8:04 am
- Forum: LEO Contacts & Bloopers
- Topic: Don't need to show LTC to LEO when carrying.
- Replies: 45
- Views: 27157
Re: Don't need to show LTC to LEO when carrying.
- Tue Jul 10, 2018 8:49 pm
- Forum: LEO Contacts & Bloopers
- Topic: Don't need to show LTC to LEO when carrying.
- Replies: 45
- Views: 27157
Re: Don't need to show LTC to LEO when carrying.
According to the LEO I interacted with, this GC does no longer apply. I was not stopped, I had an accident and the LEO showed up after, and asked for ID to write up the accident report.ScottDLS wrote: ↑Tue Jul 10, 2018 8:11 pm So here's how the law reads:
So the question I've heard raised is when may a LEO or Magistrate DEMAND (with the force of law) that a person display identification. If you're stopped while driving, the transportation code allows the LEO to demand a DL. Failure to produce such could result in being cited for driving without a license. However, theoretically, a traffic stop must be based on probable cause that a crime is taking place or is about to take place. Simply because driving without a license is a crime does not mean that every person driving can be stopped. There is Federal case law to back this up. Carrying a handgun without a license is (sometimes) a crime, but it's not clear whether it is sufficient probable cause to stop you, or even enough reasonable, articulable, suspicion, for a "Terry" stop and detain. Since there is no "stop and ID law" in Texas, it is not clear that a LEO or magistrate may lawfully detain you and legally DEMAND ID. Even if a LEO has probable cause to arrest you...you are only required to identify yourself by truthfully giving your name and date of birth. I guess the point is if you are carrying and not committing any crime, the police have no probable cause to arrest you, search you, and then find that you have a weapon. If they did find one, and you were not licensed as required, then theoretically the charge would be thrown out due to the search being unlawful... Now in reality, good luck with that.[GC §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 both the license holder’s driver’s license or identification certificate issued by the department and the license holder’s handgun license.
- Tue Jul 10, 2018 4:38 pm
- Forum: LEO Contacts & Bloopers
- Topic: Don't need to show LTC to LEO when carrying.
- Replies: 45
- Views: 27157
Don't need to show LTC to LEO when carrying.
Had a weird collision with a runaway tire today that put me on the side of the road (long story, another time perhaps).
Local Temple PD LEO showed and wrote up the report. He asked for my DL and insurance. I was carrying (concealed), so I also showed him my LTC.
He said that was no longer necessary, since LTC went into effect. And that you only are required to show your LTC if they specifically ask for this.
Did I miss a law change?
Local Temple PD LEO showed and wrote up the report. He asked for my DL and insurance. I was carrying (concealed), so I also showed him my LTC.
He said that was no longer necessary, since LTC went into effect. And that you only are required to show your LTC if they specifically ask for this.
Did I miss a law change?