When must I carry my license ?

TIN BENDER · Post by **TIN BENDER** » Fri May 11, 2007 8:34 am

PLease tell me where to look for this answer.

I thought as a CHL holder I was to have this with

me at all times, carrying or not.

Where is this info located?

bburgi · Post by **bburgi** » Fri May 11, 2007 8:53 am

You're only required to have your license when actually carrying. I'm sure someone will come along shortly and post the actual wording.

seamusTX · Post by **seamusTX** » Fri May 11, 2007 8:57 am

GC Â§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.

In Texas, you are not legally required to carry ID except when you are engaging in a licensed activity such as driving, carrying a concealed handgun, or hunting.

- Jim

TIN BENDER · Post by **TIN BENDER** » Fri May 11, 2007 9:07 am

seamus,
Thanks a lot.

So much to learn !

Liberty · Post by **Liberty** » Fri May 11, 2007 7:45 pm

seamusTX wrote:
GC Â§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.
In Texas, you are not legally required to carry ID except when you are engaging in a licensed activity such as driving, carrying a concealed handgun, or hunting.

- Jim

It's probably a good idea to flash your CHL to an officer who is going to run your licence anyway.

seamusTX · Post by **seamusTX** » Fri May 11, 2007 8:09 pm

Liberty wrote:It's probably a good idea to flash your CHL to an officer who is going to run your licence anyway.

I agree, but you are not legally obliged to do so, which was in the subject line (When must I carry my license).

- Jim

Renegade · Post by **Renegade** » Sat May 12, 2007 9:51 am

bburgi wrote:You're only required to have your license when actually carrying. I'm sure someone will come along shortly and post the actual wording.

This is how I operate, but in theory you are only required to have your license when actually carrying, under the provisions of CHL law.

Renegade · Post by **Renegade** » Sat May 12, 2007 9:55 am

Liberty wrote:
seamusTX wrote:
GC Â§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.
In Texas, you are not legally required to carry ID except when you are engaging in a licensed activity such as driving, carrying a concealed handgun, or hunting.

- Jim
It's probably a good idea to flash your CHL to an officer who is going to run your licence anyway.

Probably not, as it startles him into thinking you have a gun. Just answer his/her questions is the best policy for me.

seamusTX · Post by **seamusTX** » Sat May 12, 2007 10:01 am

Renegade wrote:Probably not, as it startles him into thinking you have a gun. Just answer his/her questions is the best policy for me.

I've read several stories about people who had a CHL, weren't carrying, and didn't show their CHL. When the officers ran the driver license and found out the person had a CHL, they overreacted (in the opinion of the person relating the story).

Renegade · Post by **Renegade** » Sat May 12, 2007 10:18 am

seamusTX wrote:
Renegade wrote:Probably not, as it startles him into thinking you have a gun. Just answer his/her questions is the best policy for me.
I've read several stories about people who had a CHL, weren't carrying, and didn't show their CHL. When the officers ran the driver license and found out the person had a CHL, they overreacted (in the opinion of the person relating the story).

I got pulled over once, not carrying, did not say anything, heard dispatch say I had CHL over the radio, officer did not blink, got quick warning and was on my way.

seamusTX · Post by **seamusTX** » Sat May 12, 2007 1:43 pm

Renegade wrote:I got pulled over once, not carrying, did not say anything, heard dispatch say I had CHL over the radio, officer did not blink, got quick warning and was on my way.

That's great. I suspect some police officers were jumpier in the early days. Now the vast majority realize that CHL holders are the good guys.

- Jim

frankie_the_yankee · Post by **frankie_the_yankee** » Sat May 12, 2007 3:31 pm

I thought I had posted this before, but I did a search and couldn't find it so here goes.

Last Summer I was riding my bike home from work (Austin to Smithville, about 40 miles). I'm eastbound on SH71, and I get pulled over by DPS for speeding. Now I work in an office park, and my employer bans guns on the premesis, including the parking garage. Also, there is no secure place to store a gun on the bike anyway.

So I'm not carrying. It was a warm day, and I was wearing a teeshirt and jeans. Now I have one of those fanny packs (in brown leather) made to hold a gun, the kind with a small black nylon cord sticking out from one end of a zipper opening. The cord is the quick opening device. I'm wearing it as I "normally" do, in a crossdraw position on my left side.

When I'm wearing just a teeshirt, I will sometimes use the fanny pack to keep a pack of smokes and a lighter. And that's what I was doing this day.

So the cop asks me for my license and proof of insurance and I give it to him. I do not give him my CHL or mention that I have one. I'm thinking (correctly), "I'm not carrying, so I don't have to."

The cop goes back to his car and runs me. The cruiser is about 2 car lengths behind my bike. A minute or so later, the cop calls out in a LOUD voice, "Sir! Are you carrying a concealed handgun at this time?" I turn to look at him and see that he is standing behind his open car door with his hand resting on his gun. His partner is moving up on my right.

And I calmly replied, "No I am not, officer."

They both approach me and the first cop says, "I'm sorry sir. Your CHL came up on my screen, so I had to ask. I hope you understand." And I said, "No problem. I didn't say anything about the CHL because I believe the law does not require me to unless I am carrying." He agreed, and everything went along normally from there. (He wrote me for the ticket.)

The thing that gets me is this. The fanny pack was in plain sight. I have no doubt that he recognized that type of fanny pack for what it was. And yet, he never asked to search it, nor did he give me any kind of grief whatsoever about it. (Of course if he had, all he would have found is a pack of Marlboros and a BIC lighter.)

For all he knew, I was just a very good liar who was armed to the teeth. I still think about what he must have been thinking through the whole thing.

These days I keep my DL and CHL in a small ID wallet. If I need to show either one, I kind of automatically show both.

Liberty · Post by **Liberty** » Sat May 12, 2007 3:47 pm

seamusTX wrote:
Renegade wrote:Probably not, as it startles him into thinking you have a gun. Just answer his/her questions is the best policy for me.
I've read several stories about people who had a CHL, weren't carrying, and didn't show their CHL. When the officers ran the driver license and found out the person had a CHL, they overreacted (in the opinion of the person relating the story).

I've just sorta flash it as I pull my license from the wallet and stat that I'm not carrying. If I were carrying I would hand it to the officer with my license. The police seem too express no interest at all that I am a CHL holder, and I don't think they have called my license in so they wouldn't have really found out.

I have learned that its not necessary to show your CHL to a Mississippi LEO.

DSARGE · Post by **DSARGE** » Sun May 13, 2007 8:46 pm

Wait a minute--my CHL instructor beat it in our heads that you HAVE to show your CHL whether carrying or not. Failure to do so (even if not carrying) will result in a 30 day suspension the first time, and a revocation the second. Shame on me for not reading the law. Should they be corrected?

Mike1951 · Post by **Mike1951** » Sun May 13, 2007 9:01 pm

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.