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Pocket carry is illegal in my vehicle?

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  • majormadmax

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    2003 was when 46.02 was changed by MPA to make car carry not a crime, at the same time the penalty for not complying w/ GC 411.205 was removed. Nothing on the 2009 law governing the DPS affected this in any way.

    The Texas Motorist Protection Act (HB 1815) went into effective on 1 September, 2007...

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    majormadmax

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    There is no “duty to notify”, there never has been. There is a requirement to display your license under certain specific circumstances when you are carrying, but no penalty for failing to do so.

    I‘m carrying a 12” “weapon” in my pants, but I don’t have a duty to notify. She can measure it herself if she wants…

    Another swing and a miss! :(

    You are proving my point that online legal advice is useless unless references are provided!

    Section 411.205 of the Texas Government Code is sometimes called the "duty to inform" law. The law says that if a person with a license to carry a handgun (LTC) is carrying a handgun and is asked by a peace officer to show ID, they must show both: Their driver's license or other ID, and their handgun license.

    Are you claiming that statute doesn't exist?!? I even linked it for ya! :eek::eek::eek:

    As Todd clearly pointed out, there is no penalty for failing to do so; but that doesn't mean you cannot be cited for it.
     

    cycleguy2300

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    Another swing and a miss! :(

    You are proving my point that online legal advice is useless unless references are provided!

    Section 411.205 of the Texas Government Code is sometimes called the "duty to inform" law. The law says that if a person with a license to carry a handgun (LTC) is carrying a handgun and is asked by a peace officer to show ID, they must show both: Their driver's license or other ID, and their handgun license.

    Are you claiming that statute doesn't exist?!? I even linked it for ya! :eek::eek::eek:

    As Todd clearly pointed out, there is no penalty for failing to do so; but that doesn't mean you cannot be cited for it.
    Without a penalty it isn't a crime

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    BBL

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    Another swing and a miss! :(

    You are proving my point that online legal advice is useless unless references are provided!

    Section 411.205 of the Texas Government Code is sometimes called the "duty to inform" law. The law says that if a person with a license to carry a handgun (LTC) is carrying a handgun and is asked by a peace officer to show ID, they must show both: Their driver's license or other ID, and their handgun license.

    Are you claiming that statute doesn't exist?!? I even linked it for ya! :eek::eek::eek:

    As Todd clearly pointed out, there is no penalty for failing to do so; but that doesn't mean you cannot be cited for it.
    I thought the original argument was about "duty to notify" about weapons on or about your person, not about your licensing status.
    Duty to provide an LTC with your ID is there but is not punishable, that has been repeated multiple times.
    However, there is no law requiring us to notify about any weapons, without being prompted by LE.
    Which is what got the OP into an argument with the clueless and improperly trained LEO to begin with.
     

    ScottDLS

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    Another swing and a miss! :(

    You are proving my point that online legal advice is useless unless references are provided!

    Section 411.205 of the Texas Government Code is sometimes called the "duty to inform" law. The law says that if a person with a license to carry a handgun (LTC) is carrying a handgun and is asked by a peace officer to show ID, they must show both: Their driver's license or other ID, and their handgun license.

    Are you claiming that statute doesn't exist?!? I even linked it for ya! :eek::eek::eek:

    As Todd clearly pointed out, there is no penalty for failing to do so; but that doesn't mean you cannot be cited for it.
    So having read the statute GC 411.205 maybe you can tell us where the language requiring a person to ‘inform’ their carry status is. Oh, that’s right, you can’t, because it isn’t in there. So yeah I’m claiming the language doesn’t exist in the statute. And another point, when a peace officer “asks” to see ID you “must” show them squat. Unless an officer has a reasonable articulable suspicion that a crime is being committed they may not legally detain you long enough to demand ID Or have any other interaction with you.
     

    Axxe55

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    Lost in East Texas Elhart Texas
    So having read the statute GC 411.205 maybe you can tell us where the language requiring a person to ‘inform’ their carry status is. Oh, that’s right, you can’t, because it isn’t in there. So yeah I’m claiming the language doesn’t exist in the statute. And another point, when a peace officer “asks” to see ID you “must” show them squat. Unless an officer has a reasonable articulable suspicion that a crime is being committed they may not legally detain you long enough to demand ID Or have any other interaction with you.
    So are you asserting that if an officer makes a traffic stop, for speeding, or defective brake light, they can't ask for ID, or that you are not "required" to show them?

    Speeding and a defective brake lights on your vehicle are criminal acts by the way.
     

    ScottDLS

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    So are you asserting that if an officer makes a traffic stop, for speeding, or defective brake light, they can't ask for ID, or that you are not "required" to show them?

    Speeding and a defective brake lights on your vehicle are criminal acts by the way.
    Seems like speeding or improper equipment would be a reasonable articulable suspicion that a crime (class C misdemeanor) is being committe. In which case they could demand ID and then you would have a nonpunishible “requirement“ to show them your LTC if you had one and were carrying a handgun on or about your person. You would continue to have no duty whatsoever to “inform” them of squat.
     

    motorcarman

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    Speeding (moderately over the limit) in Texas is NOT an arrestable offense.
    Reckless endangerment can be added if you are doing 140 in a 70?

    Open Container and portable wireless communication are also on the list of non-arrestable offenses.

    I think not wearing a seatbelt might be on that list also but I don't remember.

     

    ScottDLS

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    Speeding (moderately over the limit) in Texas is NOT an arrestable offense.
    Reckless endangerment can be added if you are doing 140 in a 70?

    Open Container and portable wireless communication are also on the list of non-arrestable offenses.

    I think not wearing a seatbelt might be on that list also but I don't remember.

    Correct. Some of those aren't arrestable offenses, but they are all criminal offenses, albeit no-jail class C misdemeanors. So for the purpose of lawfully detaining someone to "demand" their ID/LTC, they would give sufficient probable cause, or at the least a reasonable articulable suspicion, that a crime is being committed. You would then be "required" to present your LTC if you had one and were carrying a handgun on or about your person, though there would be no penalty if you failed to do so. And as always there would be no "duty to inform" of squat.
     

    cycleguy2300

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    Speeding (moderately over the limit) in Texas is NOT an arrestable offense.
    Reckless endangerment can be added if you are doing 140 in a 70?

    Open Container and portable wireless communication are also on the list of non-arrestable offenses.

    I think not wearing a seatbelt might be on that list also but I don't remember.

    Nope just those three.
    However, if you refuse to promise to appear before the court (i.e sign the cite) you can be brought before the judge immediately (i.e. arrested)

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