TexasCHLforum.com

GC 5411.205. 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 41 1.1 87.
(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.

Any known rulings that have given a definitive interpretation of "on or about"?

Within your reach. On your person or in the area immediately around your person.

LaserTex wrote:Within your reach. On your person or in the area immediately around your person.

...like in your car, but not on your person.

Under the passenger seat is not really "within reach" nor is the trunk or a storage area in a van or suburban-type vehicle. My question was if anyone knew of any court rulings on situations. I realize everyone has opinions.

what about in a case in a backpack, would that be considered on "your person"?

Reminds me of this famous Presidential line...

"It depends on what your definition of the word is, is."

Can you retrieve it when asked for it? "Yes, sir. It is right here, under the bowling ball bag, next to the softball bats, in the box of golf balls."

in the passenger compartment, from what I was told by my cop-buddy.









IIRC, FMIR, IANAL, FYI. YMMV.

My personal definition is if I can get it without taking off the seat belt then it is on-or-about my person with the only exception being when it is in a locked case.

Of course, for displaying the license when asked for ID; I will hand the CHL over if I have any firearms in the cab of the truck.

When the Officer runs your drivers license, they will know you have a CHL. He will then ask if you have a handgun with you. Why do you want to avoid telling them you have a handgun in your vicinity. If you have a CHL, you are not breaking the law (unless you carry where it is not allowed). A CHL tells the Officer you are a law abiding citizen. "On or about your person" is in the eyes of the Officer you are dealing with. Court opinions are not much good in Poduck, Texas, on Friday night, when the local Police Officer interprets the law different than you. You might still end up in jail for the weekend and "tell it to the Judge" on Monday.

Howdy
CHL Instructor

ninemm wrote:GC 5411.205. 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 41 1.1 87.
(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.

Any known rulings that have given a definitive interpretation of "on or about"?

You can find a definition on the CHL area (FAQ's) of the DPS site

http://www.txdps.state.tx.us/administra ... sindex.htm" onclick="window.open(this.href);return false;


Q: If my handgun is on the seat beside me, am I still considered to be
"carrying?"
A: Yes. The statute refers to carrying a gun "on or about" your person.
Texas courts generally have considered this to include any gun within
your reach, including one stored in your glove compartment or even in
a passenger's purse, if you can reach it without materially changing
your position.

Sometimes I do not want to reveal to a LEO that I have a pistol in my car if there are people in my car who do not know I carry. I can totally relate to the "on or about" discussion as I have wondered if the MPA now makes it unnecessary to tell the LEO if I have the pistol in my car, but not on my body.

gunlock wrote:Sometimes I do not want to reveal to a LEO that I have a pistol in my car if there are people in my car who do not know I carry. I can totally relate to the "on or about" discussion as I have wondered if the MPA now makes it unnecessary to tell the LEO if I have the pistol in my car, but not on my body.

MPA didn't affect the requirement to display a CHL. HB410 was introduced to fix the problem.