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When Walking - Do I need Drivers License On My Person Also?
Posted: Fri Nov 16, 2007 10:42 am
by gamboolman
My wife and I go walking and jogging each day, and I carry my CCW with me.
My question is this:
Do I need to take my Texas Drivers License with me in addition to my CHL?
For some reason I am thinking I read somewhere that even when walking that a CHL holder needs his Drivers License also??
Thanks for your help and assistance !
gamboolman....
Posted: Fri Nov 16, 2007 10:50 am
by zeroskillz
I'm sure someone smarter than me will give you a better answer, but I'd guess it couldn't hurt to carry both...
-Ted
Posted: Fri Nov 16, 2007 10:52 am
by seamusTX
You need some form of ID other than the CHL, and if you have a Texas driver license, you must display it:
GC §411.205. DISPLAYING LICENSE; PENALTY. (a) 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.
- Jim
Re: When Walking - Do I need Drivers License On My Person Al
Posted: Fri Nov 16, 2007 10:52 am
by txinvestigator
gamboolman wrote:My wife and I go walking and jogging each day, and I carry my CCW with me.
My question is this:
Do I need to take my Texas Drivers License with me in addition to my CHL?
For some reason I am thinking I read somewhere that even when walking that a CHL holder needs his Drivers License also??
Thanks for your help and assistance !
gamboolman....
Texas Penal Code
§ 46.02. Unlawful Carrying Weapons.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
§ 46.15. Nonapplicability.
(b) Section 46.02 does not apply to a person who:
5) 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;
Texas Government Code
§ 411.205. Displaying License; Penalty.
(a) 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. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.
(b) A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (a) after previously having had the person's license suspended for a violation of that subsection. An offense under this subsection is a Class B misdemeanor.
Posted: Fri Nov 16, 2007 10:55 am
by txinvestigator
seamusTX wrote:You need some form of ID other than the CHL, and if you have a Texas driver license, you must display it:
GC §411.205. DISPLAYING LICENSE; PENALTY. (a) 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.
- Jim
Not "some other form of ID" but specifically EITHER your Texas DL or Texas issued ID card.
An interesting twist is that Texas no longer issues Texas ID cards to out of state residents. So, this law seemingly would not apply to them; however, I would suggest they carry whatever ID their state issues along with the Texas CHL.
Posted: Fri Nov 16, 2007 11:01 am
by seamusTX
txinvestigator wrote:An interesting twist is that Texas no longer issues Texas ID cards to out of state residents. So, this law seemingly would not apply to them; however, I would suggest they carry whatever ID their state issues along with the Texas CHL.
That's what I was thinking of when I said "some form of ID other than the CHL."
- Jim
Posted: Sat Nov 17, 2007 9:36 am
by Abraham
If I understand this correctly, I must not only carry my CHL but also an approved type I.D. if traveling other than by motor vehicle?
If my understanding is correct of course I will comply, but what's the reasoning? Isn't my photo on the CHL adequate?
I don't get it.
Posted: Sat Nov 17, 2007 9:55 am
by seamusTX
Abraham wrote:If I understand this correctly, I must not only carry my CHL but also an approved type I.D. if traveling other than by motor vehicle?
Correct.
Abraham wrote:If my understanding is correct of course I will comply, but what's the reasoning? Isn't my photo on the CHL adequate?
I wasn't living in Texas when the CHL law was passed and I paid no attention to the details. I can only guess.
The vast majority of occasions when a police officer asks for ID are traffic stops. Some police officials were concerned that CHL holders would do something dangerous when stopped. (This issue comes up in every state where new concealed-carry legislation is passed.) Therefore, the legislature said that if a police officer asks for ID, the CHL holder must display his driver license and CHL.
It's something of an accident of the way the law is written that it applies to requests other than traffic stops.
- Jim
Posted: Sun Nov 18, 2007 10:22 am
by Abraham
Jim,
Thank you. I appreciate you're trying to clear this up for me.
Seems so odd though.
Requiring an I.D. be carried for another document that is also a form of I.D. (in addition to being a license) seems almost Orwellian, at least to me.
Posted: Sun Nov 18, 2007 10:34 am
by seamusTX
Abraham wrote:Requiring an I.D. be carried for another document that is also a form of I.D. (in addition to being a license) seems almost Orwellian, at least to me.
More Kafkaesque. I think it's just an accident of the way the law is worded.
- Jim
Posted: Sun Nov 18, 2007 11:04 am
by Liberty
seamusTX wrote:Abraham wrote:Requiring an I.D. be carried for another document that is also a form of I.D. (in addition to being a license) seems almost Orwellian, at least to me.
More Kafkaesque. I think it's just an accident of the way the law is worded.
- Jim
I don't think most cops would care about the licence as long as the CHLer wasn't driving. Unless the officer just enjoyed trumping up charges.
Posted: Sun Nov 18, 2007 11:12 am
by Renegade
Abraham wrote:If my understanding is correct of course I will comply, but what's the reasoning? Isn't my photo on the CHL adequate?
The narrow minded view that the only time you will have an LEO encounter is while driving a motor vehicle.
You see this narrow minded view in the new 46.02 exemption,
"(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control."
Posted: Mon Nov 19, 2007 1:30 am
by kw5kw
I don't leave the house without my wallet. Inside my wallet is my DL and my CHl.
What's the problem?