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Posted: Sun May 20, 2007 2:12 am
by ForbidInjustice
I was having random conversation as always with a local police officer about CHLs the other day, and he told me that you USED to have to carry it and show it all the time when you're stopped or asked for it, but of course, now, you only have to carry it and show it when you're also carrying your weapon.
Carry wisely!
Posted: Sun May 20, 2007 3:50 am
by ElGato
Mike1951 wrote:I believe that was the case initially and that it was fixed in one of the next sessions of the Legislature.
It has been many years since you had to carry your license if you weren't carrying.
There has never been a requirement to show if you weren't carrying, but there were some instructor's who taught that you had to show.
Posted: Sun May 20, 2007 4:00 am
by Mike1951
From the original SB60, enrolled version:
11-19 (g) On a demand by a magistrate or a peace officer that a
11-20 license holder display the license holder's handgun license, the
11-21 license holder shall display both the license and the license
11-22 holder's driver's license or identification certificate issued by
11-23 the department.
11-24 (h) If a license holder is carrying a handgun on or about
11-25 the license holder's person when a magistrate or a peace officer
11-26 demands that the license holder display identification, the license
11-27 holder shall display both the license holder's driver's license or
12-1 identification certificate issued by the department and the license
12-2 holder's handgun license.
12-3 (i) A person commits an offense if the person fails or
12-4 refuses to display the license and identification as required by
12-5 Subsection (g) or (h) of this section. An offense under this
12-6 subsection is a Class B misdemeanor.
Since (h) applies when a license holder is carrying, (g) was written to apply even if you weren't carrying. If an official asked to see your license and you didn't show it, it was a violation under (i).
I will see if I can find when this was corrected.
Posted: Sun May 20, 2007 4:20 am
by Mike1951
I found the SB204 filed in 1997 by Jerry Patterson where he tried to remove that section, but it never made it out of committee.
(My cut and paste didn't reproduce the strikethrough of section (g))
Mods: If someone knows the code for strikethrough, all of section g
should be.
http://www.capitol.state.tx.us/tlodocs/ ... 00204I.HTM
3-20 SECTION 3. Sections 6(g), (h), and (i), Article 4413(29ee),
3-21 Revised Statutes, are amended and relettered to read as follows:
3-22 (g) [On a demand by a magistrate or a peace officer that a
3-23 license holder display the license holder's handgun license, the
3-24 license holder shall display both the license and the license
3-25 holder's driver's license or identification certificate issued by
3-26 the department.]
3-27 [(h)] If a license holder is carrying a handgun on or about
4-1 the license holder's person when a magistrate or a peace officer
4-2 demands that the license holder display identification, the license
4-3 holder shall display both the license holder's driver's license or
4-4 identification certificate issued by the department and the license
4-5 holder's handgun license. A person who fails or refuses to display
4-6 the license and identification as required by this subsection is
4-7 subject to suspension of the person's license as provided by
4-8 Section 13 of this article.
4-9 (h) [(i)] A person commits an offense if the person fails or
4-10 refuses to display the license and identification as required by
4-11 Subsection (g) [or (h)] of this section after previously having had
4-12 the person's license suspended for a violation of that subsection.
4-13 An offense under this subsection is a Class B misdemeanor.
I knew the original bill number for the original SB60. It's somewhat more difficult to find by keyword or subject.
Will continue looking for the bill that passed to change this.
Posted: Sun May 20, 2007 4:37 am
by Mike1951
Bingo!! HB2909, 75th Legistature, 1997
Legislative Session: 75(R) Council Document: 75R 9141 GWK-D Add to Bill List
Last Action: 06/20/1997 E Effective on 9/1/97
Caption Version: Enrolled
Caption Text: Relating to persons eligible for a license to carry a concealed handgun, to the rights and duties of license holders, and to certain offenses involving weapons.
Author: Carter | Chisum | Allen | Hupp | Wilson
Coauthor: Clark | Corte | Smith
Sponsor: Patterson, Jerry
http://www.capitol.state.tx.us/tlodocs/ ... 02909F.HTM
Again, the strikethrough doesn't appear. You can view the link to see the sections removed.
9-6 SECTION 7. Sections 6(g), (h), and (i), Article 4413(29ee),
9-7 Revised Statutes, are amended and relettered to read as follows:
9-8 (g) [On a demand by a magistrate or a peace officer that a
9-9 license holder display the license holder's handgun license, the
9-10 license holder shall display both the license and the license
9-11 holder's driver's license or identification certificate issued by
9-12 the department.]
9-13 [(h)] If a license holder is carrying a handgun on or about
9-14 the license holder's person when a magistrate or a peace officer
9-15 demands that the license holder display identification, the license
9-16 holder shall display both the license holder's driver's license or
9-17 identification certificate issued by the department and the license
9-18 holder's handgun license. A person who fails or refuses to display
9-19 the license and identification as required by this subsection is
9-20 subject to suspension of the person's license as provided by
9-21 Section 13 of this article.
9-22 (h) [(i)] A person commits an offense if the person fails or
9-23 refuses to display the license and identification as required by
9-24 Subsection (g) [or (h)] of this section after previously having had
9-25 the person's license suspended for a violation of that subsection.
9-26 An offense under this subsection is a Class B misdemeanor.