You're standing in line...

[easy rider]

Yes, Sir is the only proper response. You can joke with him after you show him your license.

Correct me if I'm wrong, but without motive does a police officer have the right to ask for your license?
Not that I would resist much, but I would ask if he had probable cause. Wouldn't that be like pulling over vehicles just to make sure someone has a drivers license?

 

[LOCKHART]

That's basically what I was asking in my hypothetical OP. Figured Txinvestigator would quote the statutes covering this. I don't remember this coming up in my original class, but then I'm almost 72, and the old memory ain't exactly what it used to be. lol

 

[Younggun]

What if he asks for a raise?

If he wants a raise he'd better stop harassing people in the chow line.


Sent from my iPhone using Tapatalk

 

[karlac]

"That's my colostomy bag ... wanna see it?"

 

[TheDan]

At least he didn't hit you with:

“Is that a gun in your pocket, or are you just happy to see me?”

― Mae West

The proper response to that is "Both!"

 

[45tex]

"Sternly"? lol.

You realize that people have been legally carrying handguns for 21 years now? I'd say most cops became cops after 1996 when the law went into effect.

Did this happen to you?

And five o'clock is too far back for a smooth, fast and safe draw, especially from concealment. I carry a full sized 1911 at three o'clock.

I'll bet you is a skinny dude. My uniform gun had the right grip beat to dodo from 3 o:clock carry. It managed to strike just about everything I passed, and got caught up in the seat belt. 5 is much better to conceal.

 

[V-Tach]

I look pretty sternly at any old dude wearing shorts around their thighs, knee high black socks and sandals.....

 

[majormadmax]

Correct me if I'm wrong, but without motive does a police officer have the right to ask for your license?
Not that I would resist much, but I would ask if he had probable cause. Wouldn't that be like pulling over vehicles just to make sure someone has a drivers license?

What you are looking for is probably Texas Government Code §411.205 Requirement to Display License, which states "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."

Not quite the same thing as being asked, and the penalty for failing to do so has been removed (although you can still be charged for it); keep in mind that the Texas Penal Code §37.08 False Report to Peace Officer, Federal Special Investigator, or Law Enforcement Employee, states...

a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:

(1) a peace officer or federal special investigator conducting the investigation;  or

(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.

(b) In this section, “law enforcement agency” has the meaning assigned by Article 59.01, Code of Criminal Procedure.

(c) An offense under this section is a Class B misdemeanor.

So there's your references. What you decide to do is up to you, but I feel it's easier to simply answer the question politely as there is no harm in doing so.

Cheers! M2

 

[majormadmax]

This may also help...

www.texaschl.us/tips_your_rights.htm

 

[majormadmax]

Disregard, double tap!

 

[txinvestigator]

Correct me if I'm wrong, but without motive does a police officer have the right to ask for your license?
Not that I would resist much, but I would ask if he had probable cause. Wouldn't that be like pulling over vehicles just to make sure someone has a drivers license?

Yes, he can ask upon seeing or suspecting you are carrying. He is under no obligation to tell you of his PC. And no, it is not like a DL check.

 

[txinvestigator]

What you are looking for is probably Texas Government Code §411.205 Requirement to Display License, which states "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."

Not quite the same thing as being asked, and the penalty for failing to do so has been removed (although you can still be charged for it); keep in mind that the Texas Penal Code §37.08 False Report to Peace Officer, Federal Special Investigator, or Law Enforcement Employee, states...

a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:

(1) a peace officer or federal special investigator conducting the investigation;  or

(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.

(b) In this section, “law enforcement agency” has the meaning assigned by Article 59.01, Code of Criminal Procedure.

(c) An offense under this section is a Class B misdemeanor.

So there's your references. What you decide to do is up to you, but I feel it's easier to simply answer the question politely as there is no harm in doing so.

Cheers! M2

Actually, penal code 46.02 is the PC to ask for your LTC. That section makes it GENERALLY unlawful to carry a handgun.

46.15 makes 46.02 non-applicable IF the person possesses a LTC.

 

[TxStetson]

There it is.

 

[45tex]

This sort of law writing is what makes Texas an also ran in the gun rights world. Lubys has been proven to be the one place in Texas where everyone needs a gun. Probable Cause should be the threshold. An otherwise non offending person should not fear a Policeman and his simple minded stern look. I'd show my LTC to the whole place and call out Barney on his prejudiced attitude. Of course then I might get to see his bullet, if Andy let him have it that morning.

 

[zincwarrior]

At a cafeteria type restaurant. There are 5 or 6 people ahead of you and a bunch in line behind. The person in line behind you is a uniformed police officer. You are carrying your pistol on a belt holster at 5 o'clock and it's covered by an extra long shirt worn untucked. You notice the officer is looking sternly at you and asks "Are carrying a gun?". What is the proper response to his question?

Are you checking out my ass? Harassment! My eyes are up here!

This sort of law writing is what makes Texas an also ran in the gun rights world. Lubys has been proven to be the one place in Texas where everyone needs a gun. Probable Cause should be the threshold. An otherwise non offending person should not fear a Policeman and his simple minded stern look. I'd show my LTC to the whole place and call out Barney on his prejudiced attitude. Of course then I might get to see his bullet, if Andy let him have it that morning.

A gentle reminder, the OP is a hypothetical, not actual event.

I'm just annoyed that the cafeteria near us closed down and I don't know of any in driving distance.

 

[easy rider]

Yes, he can ask upon seeing or suspecting you are carrying. He is under no obligation to tell you of his PC. And no, it is not like a DL check.

First of all as I said, I wouldn't not state that I do have a license and I would produce it if need be, but at that point it is harassment if it's just to see if I have one with no PC.

As for Texas Government Code 411.205, that sounds more like while in a car. Makes no sense to have to produce a drivers license while standing in line. Is there a law stating I have to have a drivers license to be licensed to carry a gun? Not that I don't have a drivers license, just seems silly under the circumstances.

 

[oohrah]

Don't forget that the original open carry law had a provision that prohibited LEOs from questioning an open carrier just on the basis that they were OC. It was removed because the LEO community objected, and passed without it.

 

[kyletxria1911a1]

You ever been one on one with a police officer after a traffic stop, late at night? The cop has an attitude because maybe he just had a fight with his wife before going on duty? I don't think you would be talking ANY of the glib, smart-ass talk I've seen repeated here. HE is in control of the situation, not you! If he says up is down, black is white, you are not gonna say jack-shit unless you like getting the hell beat out of you, or being taken to jail. No, I don't think YOU have ever been in that place.

I've been stopped like that more than once. By several different agencies.

 

[kyletxria1911a1]

I was thinking that same thing.
And the part of 48 hrs when they were in the bar...
Im your worst nightmare a negro with a badge...

 

[hellishhorses]

I was thinking that same thing.
And the part of 48 hrs when they were in the bar...
Im your worst nightmare a negro with a badge...

"The sheriff is near?"