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Legal Question
Posted: Sun Apr 20, 2014 6:36 pm
by WildBill
GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (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.
Even though the penalty for not showing your CHL has been removed, can you still be arrested, charged and convicted?
Re: Legal Question
Posted: Sun Apr 20, 2014 6:51 pm
by Keith B
WildBill wrote:GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (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.
Even though the penalty for not showing your CHL has been removed, can you still be arrested, charged and convicted?
Not validly. There is nothing to charge you with now. The only thng an officer coudl do before was send your info to DPS to have your license suspended for failing to display. Since that has gone away, even if they do send the info DPS will do nothing with it.
Re: Legal Question
Posted: Sun Apr 20, 2014 7:24 pm
by jbarn
WildBill wrote:GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (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.
Even though the penalty for not showing your CHL has been removed, can you still be arrested, charged and convicted?
As Keith said, no offense. Crimes generally are written with the introductory phrase, "a person commits an offense".
If your question came out of the thread regarding pedestrians, there is another point to consider. If you fail to display and the officer discovers your gun, he can arrest you for UCW unless he can establish you are licensed.
Re: Legal Question
Posted: Sun Apr 20, 2014 8:04 pm
by WildBill
As Keith said, no offense. Crimes generally are written with the introductory phrase, "a person commits an offense".
I get it. Thank you!