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- Fri May 12, 2023 9:35 pm
- Forum: General Texas CHL Discussion
- Topic: ID Requests from Law Enforcement
- Replies: 26
- Views: 9663
Re: ID Requests from Law Enforcement
One important point to note. Identifying yourself, doesn't necessarily require producing a particular document. There is no law that requires you to carry a driver's license if you're not driving. Some people don't have a driver's license. I guess maybe if I was going to take pictures of pro ball players from a public location, I just might not bring my license.
- Thu May 11, 2023 7:17 pm
- Forum: General Texas CHL Discussion
- Topic: ID Requests from Law Enforcement
- Replies: 26
- Views: 9663
Re: ID Requests from Law Enforcement
Whether a polite question or a demand, you are under absolutely no legal obligation to provide it. In fact, as a matter of principle, if it were phrased as a demand, I would refuse.
- Thu May 11, 2023 12:13 pm
- Forum: General Texas CHL Discussion
- Topic: ID Requests from Law Enforcement
- Replies: 26
- Views: 9663
Re: ID Requests from Law Enforcement
What, legally, could have happened had you refused to provide ID? I understand that if your purpose is to get photos of famous people while on public property, you show the ID and take your pictures, so the cop doesn't bother you. But you were under no legal obligation to do so.philip964 wrote: ↑Wed May 10, 2023 10:53 pm I was at a private event, few people knew about. I was not invited. I was standing at the sidewalk on public property watching the people get dropped off, walking past the sidewalk which had a red carpet, then into the event. I was being paparazzi taking photographs of everyone, figuring I would figure out later who they were.
An officer I think a high ranking one, at least a Sargent, came up and asked for my name, he then asked to see my drivers license.
I cheerfully complied he thanked me and handed them back. That was it. I got some great photos of some basketball superstars.
A lawyer I knew told me when he was starting out, he did speeding tickets. He said they came in two flavors, speeding ticket and speeding ticket with resisting arrest. He said many times with the second kind his interview was in the hospital.
He said it is very important with police officers to pass the attitude test.
I have always remembered that.
- Thu May 11, 2023 12:10 pm
- Forum: General Texas CHL Discussion
- Topic: ID Requests from Law Enforcement
- Replies: 26
- Views: 9663
Re: ID Requests from Law Enforcement
Yeah, I guess the other way of looking at it is. Show me the penalty in the existing law. There isn't one.Rafe wrote: ↑Thu May 11, 2023 8:57 amSteve will know more accurately, but I believe it was in 2009, the 81st Regular Legislature. The bill that was enrolled, signed, and made effective as of September 1, 2009, was HB 2730: https://capitol.texas.gov/Search/DocVie ... &DocType=B (you'll need to use your browser to search for the second instance of "fails to display a license" because the text is too long for the TLO's search-term highlight).Tex1961 wrote: ↑Wed May 10, 2023 8:24 pmCan you point to the relevant section where the penalty was repealed.srothstein wrote: ↑Wed May 10, 2023 8:21 pm I think this is a very gray area of the law. As posted, the law requires you to display both your ID and LTC if you are asked to by a peace officer or magistrate. There are two problems with this. The first is that the penalty for not doing so has been repealed, which makes it a useless law....
Prior to this, GC 411.187 had as item (2) that a license to carry a handgun "may be suspended under this section if the license holder"..."fails to display a license as required by Section 411.205."
HB 2730 struck that line completely, and now GC 411.187 makes no mention of any penalty for failure to display: https://statutes.capitol.texas.gov/Docs ... tm#411.187.