Having your permit on your person?
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Having your permit on your person?
I have a question about carrying the permit while carrying concealed.
When I'm at stores or other locations, I have my wallet in my pocket and, as a result, my permit is "on my person." I'm thinking of carrying concealed at church but I *never* have my wallet on me. it's always locked in the car because it doesn't really fit in my church clothes. If I carry concealed, is that a violation? Does the permit have to be on my person or is sufficient to have it out in the parking lot? Not that I expect anyone to stop me and ask for my permit unless something bad happens and I have to use my weapon. But I thought I'd ask.
Thanks
When I'm at stores or other locations, I have my wallet in my pocket and, as a result, my permit is "on my person." I'm thinking of carrying concealed at church but I *never* have my wallet on me. it's always locked in the car because it doesn't really fit in my church clothes. If I carry concealed, is that a violation? Does the permit have to be on my person or is sufficient to have it out in the parking lot? Not that I expect anyone to stop me and ask for my permit unless something bad happens and I have to use my weapon. But I thought I'd ask.
Thanks
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Re: Having your permit on your person?
I look at it the same way I do my Drivers License. I don't have to have it when I'm not driving. If I am carrying, I would expect to have to have my LTC, on my person, or within easy reach, like a bag, backpack etc. You can always get a small card carry wallet, that can fit into a smaller pocket for when you are in church, that would only contain your LTC. There are several, card holders that will even attach to a cell phone. JMHO
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Re: Having your permit on your person?
I was told you need on your person if carrying. I have also been told you technically need your DL on you if you are driving.
Re: Having your permit on your person?
I mean no disrespect, but your bigger risk might be someone breaking into your car and getting your wallet.
Re: Having your permit on your person?
Well, there is this still in place.
Although, the penalty has been removed, the requirement is still there. I would not want to get on the bad side of that officer's good nature by trying to explain why I was able to carry a gun, but not find a place for my licenses.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.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
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Re: Having your permit on your person?
The PC 46.15 non applicability (defense to prosecution) for carrying a handgun on or about your person technically only applies if you are carrying your LTC. I have a hard time believing you’d get convicted at trial if you were licensed at the time you were carrying but forgot the card. However, the legal answer is that you lose your Defense to Unlawful Carrying of a Weapon unless you have your LTC on you.
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Re: Having your permit on your person?
this. the NRA store sells a 2 slot permit holder. one for LTC one for DL. I've been thinking of getting one so i dont have to rifle around in my wallet pulling out IDs if i eve have to present it to a LEO just hand him the whole thing.Jusme wrote: ↑Thu Aug 30, 2018 5:34 pm I look at it the same way I do my Drivers License. I don't have to have it when I'm not driving. If I am carrying, I would expect to have to have my LTC, on my person, or within easy reach, like a bag, backpack etc. You can always get a small card carry wallet, that can fit into a smaller pocket for when you are in church, that would only contain your LTC. There are several, card holders that will even attach to a cell phone. JMHO
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Re: Having your permit on your person?
I carry a Slim Clip in my front pocket.
It holds a lot more than it says it will. It holds my cash, DL, several ID's, and credit cards in a nice slim package. It has held up very well for years and looks like it will last for several more.
It holds a lot more than it says it will. It holds my cash, DL, several ID's, and credit cards in a nice slim package. It has held up very well for years and looks like it will last for several more.
Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence. - John Adams
Re: Having your permit on your person?
So yes, legally you need to have your LTC and DL/State ID on you, even though there is no penalty for not volunteering the LTC if identification is demanded of you. I doubt that running out to the car to get your wallet qualifies as "when", although depending in the peace officer and the situation he might let you lead him out there to check.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.
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Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 12A.02, eff. Sept. 1, 2009.
I got a Big Skinny Motorcycle Bi-Fold wallet, took the chain off, and it works really well. Only $20. It stays nice and flat, and when I wear a suit fits in the inside pocket of the jacket just fine. And I've been using it daily for at least five years and it's still in good shape. Me, I just never have my wallet off-body, especially not in my car.
I can't even remember the last time I had to show someone my LTC, so I don't think having a separate ID holder is required for me, just something else to take space in my pockets or lose.
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Re: Having your permit on your person?
I never leave home without it
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Re: Having your permit on your person?
If I read this correctly, and if I understand the laws, you are carrying illegally if you do not have your LTC on you. Just like driving is illegal if you don't have your DL with you. The difference is that not having your DL on you while driving is only a ticketing offence.ScottDLS wrote: ↑Thu Aug 30, 2018 7:20 pm The PC 46.15 non applicability (defense to prosecution) for carrying a handgun on or about your person technically only applies if you are carrying your LTC. I have a hard time believing you’d get convicted at trial if you were licensed at the time you were carrying but forgot the card. However, the legal answer is that you lose your Defense to Unlawful Carrying of a Weapon unless you have your LTC on you.
Personally I would not carry without my IDs on me.
I never let schooling interfere with my education. Mark Twain
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Re: Having your permit on your person?
This excuse is on the top of the "Lame Excuse List".C-dub wrote: ↑Thu Aug 30, 2018 7:18 pm Well, there is this still in place.Although, the penalty has been removed, the requirement is still there. I would not want to get on the bad side of that officer's good nature by trying to explain why I was able to carry a gun, but not find a place for my licenses.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.
Texas LTC Instructor, NRA pistol instructor, RSO, NRA Endowment Life , TSRA, Glock enthusiast (tho I have others)
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Knowledge is knowing a tomato is a fruit, wisdom is knowing not to add it to a fruit salad.
You will never know another me, this could be good or not so good, but it is still true.
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Re: Having your permit on your person?
Yes, carrying a handgun and not carrying your LTC is an offense/violation. Class A misdemeanor or felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.NewGunGuy3 wrote: ↑Thu Aug 30, 2018 5:24 pm I have a question about carrying the permit while carrying concealed.
When I'm at stores or other locations, I have my wallet in my pocket and, as a result, my permit is "on my person." I'm thinking of carrying concealed at church but I *never* have my wallet on me. it's always locked in the car because it doesn't really fit in my church clothes. If I carry concealed, is that a violation? Does the permit have to be on my person or is sufficient to have it out in the parking lot? Not that I expect anyone to stop me and ask for my permit unless something bad happens and I have to use my weapon. But I thought I'd ask.
Thanks
Texas Penal code 46.15 (b) (6) clearly states that 46.02 Unlawful Carry does not apply to a person who is carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster;
https://statutes.capitol.texas.gov/Docs ... /PE.46.htm
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2/19FA, 1st Cavalry Division 73-78; 56FA BDE (Pershing) 78-81
NRA, NRA Basic Pistol Shooting Instructor, Rangemaster Certified, GOA, TSRA, NAR L1