Texas statute 411.205 requiring a CHL holder to present ID

[Rush2112Man]

Is 411.205 still a valid Texas State statute requiring a CHL holder to present ID if asked by law enforcement when they are a passenger during a traffic stop or similar circumstances?

If still valid, it is my understanding 411.205 has no criminal penalty but you still could be arrested for failing to comply. Is this correct?

Lastly, if 411.205 is still valid, wouldn’t 38.02 supersede it?

[srothstein]

Section 411.205 is still a valid law requiring you to give your DL and LTC to a peace officer who demands ID. However, in 2009, the penalty for it was removed. The penalty was not criminal, but a civil act to suspend the LTC for one year.

You cannot be arrested for a violation of 411.205 because it was never a criminal violation as far as I know.

PC 38.02 does not supplement or change it. Failure to ID is a completely different offense. This is one of the most misunderstood laws in Texas, IMO, even, or especially, by police officers.

The first part of failure to ID means that you refused to provide any identification when you were placed under arrest. If arrested, you MUST identify yourself by giving the officer your name, date of birth, and home address. You do not need to show him any specific ID if you orally give him that information.

The second part says you cannot provide false information if you are a suspect or witness. You do not have to identify at all in those conditions, but you cannot misidentify. This is where a lot of police officers and so-called auditors ask the wrong question. It is not detained (which means you are a suspect) but arrested where you have to identify.

The main difference between 411.205 and 38.02 is that 411.205 requires both the ID and LTC to be presented to the officer on demand. 38.02 only require the information be provided or forbids false information, depending on the circumstance. It does not require the ID to be physically produced.

[JRG]

I was thinking that if stopped by the police and you are carrying your gun, you have to notify the officer by handing him your LTC. If you are not carrying at the time, you wouldn't. I haven't been pulled over in decades so am probably not current in my thinking.

Joe

[Mike S]

I was thinking that if stopped by the police and you are carrying your gun, you have to notify the officer by handing him your LTC. If you are not carrying at the time, you wouldn't. I haven't been pulled over in decades so am probably not current in my thinking.

Joe

Joe,

You're correct. Section 411.205 only requires providing the LTC if the handgun is 'on or about your person'. ((Ie, on you, or in glove box or passenger compartment)).

If no gun present, Section 411.205 doesn't require providing the LTC.

I recommend showing it either way, just to get that part of the conversation over with.

[Rush2112Man]

Thanks, guys. I appreciate the responses.

[oohrah]

Remember that a traffic stop will run your DL, and your LTC will also show up whether you have produced or not.