chl, id question.

[RiveraRa]

CHL aside....Say I am walking down the street and an officer asks for ID. Am I required to show my DL? What if I dont have one. I believe im only required by law to give my name and address correct?

Now bring the VHL back into the picture. Same situation...walking down street but with CHL card (Im carrying). Do I need to have my DL with me? Or can I just show CHL and give name address?

One last situation. Walking down street, carrying, dont have DL or CHL on me. I give name address and let them know I have a CHL but dont have the card on me. The new law states that there is no penalty for this correct?

[USA1]

One last situation. Walking down street, carrying, dont have DL or CHL on me. I give name address and let them know I have a CHL but dont have the card on me. The new law states that there is no penalty for this correct?

the bottom line is when carrying a concealed weapon , you must also carry your CHL .

the law is referring to ..there is no penalty for not presenting your CHL , but you must still have it in your possession
while carrying a firearm.

as to your other questions , i don't see carrying one license and not the other .

[joe817]

One last situation. Walking down street, carrying, dont have DL or CHL on me. I give name address and let them know I have a CHL but dont have the card on me. The new law states that there is no penalty for this correct?

the bottom line is when carrying a concealed weapon , you must also carry your CHL .

the law is referring to ..there is no penalty for not presenting your CHL , but you must still have it in your possession
while carrying a firearm.

as to your other questions , i don't see carrying one license and not the other .

It just makes sense to me to carry both in your wallet.

[Kevinf2349]

If you don't have either a passport or a CHL (neither of which are actually required by law) then what the heck would you show?

Your Permanent Resident Card :P

They stole that off me when I got my citizenship

None of my credit cards have a picture on them (well not of me at least). Would they take a work id? This is all hypothetical of course as I have two passports, a CHL and a Texas DL! But....what if I didn't, what is acceptable as the second picture id?

[USA1]

None of my credit cards have a picture on them (well not of me at least).

its against the law to use someone else's credit cards . ....

[Kevinf2349]

None of my credit cards have a picture on them (well not of me at least).

its against the law to use someone else's credit cards . ....

Tell my wife that!

[redoregon]

Last time might have been when touring the Pentagon, the officers checking me in required two forms of ID. I was proud to display my CHL and DL from Texas as a statement to the gestapo feds.

Uh, no offense, but speaking as a veteran, those "Gestapo feds" at the Pentagon are protecting your freedoms. You got a problem with the government, that's fine (I'm not real happy with 'em myself at the current time), but the Pentagon runs the military, and they're serving our country, despite who may be above them.

[srothstein]

CHL aside....Say I am walking down the street and an officer asks for ID. Am I required to show my DL? What if I dont have one. I believe im only required by law to give my name and address correct?

If you are not driving and not carrying a concealed weapon, you are not required to have any ID on you at all. You are also not required to answer any questions from a police officer at all. You are only required to give your name, DOB, and address when you are arrested. You are forbidden from giving a false name or address or DOB if you are a suspect, witness, or detained but you do not have to answer anything.

And if you are just walking down the street and an officer says something like "hey, what is your name" you cna answer Mickey Mouse and there is nothing he can do.

Of course, this is Texas law and only applies in Texas. See our Penal Code section on Failure to ID for explicit legal answers.

Now bring the VHL back into the picture. Same situation...walking down street but with CHL card (Im carrying). Do I need to have my DL with me? Or can I just show CHL and give name address?

The current CHL law says that if you have a CHL and a gun on or about your person, you are required to produce your CHL AND your DL (or ID) when asked for identification. This can be interpreted to require you to have the second ID with you if you are just walking and have a gun. The good news on this is that the penalty has been removed for failing to comply with this law, so how much you comply is now up to you.

One last situation. Walking down street, carrying, dont have DL or CHL on me. I give name address and let them know I have a CHL but dont have the card on me. The new law states that there is no penalty for this correct?

Yes, there is no penalty now. But, the bad side is that you can be arrested for unlawfully carrying if they cannot verify your CHL (computers do go down sometimes, like every Sunday at 2:00 a.m. IIRC for maintenance).

And, it has been raised here once that there is a possibility that not having the CHL with you means you actually are unlawfully carrying. The law giving you the exception from unlawfully carrying does say if you are "carrying a concealed handgun and a valid license". This may be interpreted by an anti-gun DA as meaning you are breaking the law if the CHL is not on your person.

[Liberty]

And, it has been raised here once that there is a possibility that not having the CHL with you means you actually are unlawfully carrying. The law giving you the exception from unlawfully carrying does say if you are "carrying a concealed handgun and a valid license". This may be interpreted by an anti-gun DA as meaning you are breaking the law if the CHL is not on your person.

The way I see it is if you are searched or in any other way found to have a gun on your person. and you can not present a CHL you will be arrested and it will be up to you to prove they are carrying. If a shooting goes to court it could be presented to the jury that you weren't such a law abiding citizen and in fact broke the law buy not having the CHL on your person.

[boomerang]

46.15 says "46.02 does not apply" if someone is "carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying"

IANAL, but if you're not carrying your CHL plastic, it looks like you're in the same boat as someone who wasn't issued a CHL.

It should be treated the same was as driving while your DL plastic is at home but that would make too much sense.

[redoregon]

Keeping in mind of course, before this gets passed by, the situation as mentioned above (walking down the street). If you're in your vehicle, or walking to/from it to your house, then you're covered by the MPA.

[dac1842]

The only one that sees my CHL is an LEO. If someone wants to see a second form of picture ID I politely state I have one DL. THat is it. I do not want some bimbo at a cash register somewhere blurting out YOU HAVE A GUN??????