Duty to inform? (Texas)

[allaroundhunter]

If you are a CHL holder in Texas, you are required by law to give a police officer during a traffic stop that information. However, since you are not required to have a CHL to carry in one's own vehicle, if you are pulled over and have a concealed handgun on your person (and no CHL) do you still have the requirement to inform the officer?

 

[NavyLCDR]

No.

Sec. 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.

 

[Rob G]

As NavyLCDR pointed out you don't any any duty to inform if you're not licensed. That having been said even if you are licensed, there's not actually any penalty for not informing so the whole "must inform" part is pretty much a joke.

 

[mongo4567]

Rob G - That having been said even if you are licensed, there's not actually any penalty for not informing so the whole "must inform" part is pretty much a joke.

That is not correct as I understand. If you are asked for ID, like in a traffic stop, you must produce the CHL as well.

§6.43. FAILURE TO DISPLAY LICENSE ON DEMAND. If a license
holder is carrying a handgun on or about the license holder’s person,
then upon demand by a magistrate or a peace officer 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. The first
violation shall result in a 90-day suspension of the license holder’s
license and the second violation is a Class B misdemeanor under the
Act.

 

[Flintknapper]

Rob G. IS CORRECT,

The penalty for NOT displaying/informing LEO of your CHL (when carrying) HAS been removed.

The requirement remains (for CHL's when carrying under CHL) BUT there is NO PENALTY for not doing so.

Makes the law pretty much moot....as Rob alluded to.

 

[Quoheleth]

Does the "must inform" apply to any situation when asked by an officer for ID? I was a witness to a car accident and the officer asked me for my license to get my contact info. I wasn't carrying at the time, so I didn't show my CHL. Had I been carrying, would I have been bound to show my CHL also?

Q

 

[Owen Sparks]

"Officer, am I supposed to tell you that I am carrying a pistol with a permit?"

That should hand every possible situation.

 

[TexasRifleman]

Does the "must inform" apply to any situation when asked by an officer for ID?

Yes, it's when asked for ID, not for just any random contact with LE and it specifically states that, only if you are carrying at the time.

And yes, the penalty has been removed in a weird attempt to make things equal between those with a CHL and those without. Odd way of doing it, but what else is new.

The text that mongo4567 posted above is the old one, the penalty section is no longer there. It changed in September 2009.

http://www.legis.state.tx.us/tlodocs/81R/billtext/html/HB00410I.htm

 

[NavyLCDR]

Does the "must inform" apply to any situation when asked by an officer for ID? I was a witness to a car accident and the officer asked me for my license to get my contact info. I wasn't carrying at the time, so I didn't show my CHL. Had I been carrying, would I have been bound to show my CHL also?

Q

Yes, it's when asked for ID, not for just any random contact with LE and it specifically states that, only if you are carrying at the time.

I would disagree with that. The Texas statute uses the word "demands" identification, not "asks" or "requests". A LEO can only "demand" an identification document if the subject is being lawfully detained. In the situation expressed by Quoheleth, the ID was requested by the police officer only as a matter of convenience, with no lawful basis for a detainment or demand that Quoheleth provide ID.

 

[TexasRifleman]

Yeah that one is one of those "depends on what the word is is" things.

I don't inform anyway now that the penalty is gone, so....

 

[hermannr]

I don't understand the "inform" laws anyway...what does my carry have to do with a traffic infraction? or witness to an accident? Or....

If you are being detained for criminal activity, ok, but they will frisk you and find it anyway if you are actually being properly detained.

I've never volunteered, and have never been asked fopr my license, even when OC. (of course, while OC, the license is irrelivent here)

 

[4thPointOfContact]

We're all used to the 'demand, framed in the form of a request', as in "Would you dang kids Please Stop pestering your Mom?!"

But, in certain situations, especially legal ones, it's important to note the difference.
Any officer (or any other person) can ask "Can I have a slice of your pizza?", but only a few have the authority to demand a slice.



*That's why I always chose anchovy as my pizza topping.

Do we even want to get into the "I want to see your license" thing where said authority does not exist?
Officer Friendly can want anything, heck, I want a pony for my birthday.