46.02 Sign at DMV

[txinvestigator]

They've had a DMV for a few years now, I'm not happy about it either! url]

Eli

So I hear. lol

 

[txinvestigator]

And you pay your registration at the County Tax-Assessor/Collector

So we don't actually pay "at the DMV"?

 

[txinvestigator]

Wait a minute! Isn't the sign completely unnecessary since it's illegal to carry a handgun without a license?

The sign is mostly to tell you that if LE asks for the license you gotta show it.

 

[Mreed911]

So we don't actually pay "at the DMV"?

Nope. And DPS still administers the driver license process.

The sign is mostly to tell you that if LE asks for the license you gotta show it.

I wonder if perhaps there was a court in the multi-use building (commissioner's court?) and they had an old sign they replaced with this one?

 

[majormadmax]

I wonder if perhaps there was a court in the multi-use building (commissioner's court?) and they had an old sign they replaced with this one?

Not in this case, there has never been a court in this facility and in fact, there is a justice of the peace across the parking lot from it.

 

[majormadmax]

The sign is mostly to tell you that if LE asks for the license you gotta show it.

The odd thing is there was no LE present, just an armed private company security guard. As far as open carry, only LEO can ask for a license (we'll forgo the debate as to whether they can demand it).

In a private business, all an armed security guard could do is request you leave; but as this is a government building that under Texas law carrying in which is not prohibited, so I don't see how he/she could legally do that!

An interesting situation all together, but I still contend the sign is a waste of time and money, and is posted in an attempt to intimidate licensed individuals from carrying. Knowing the law, I simply ignored it...

 

[Exile Machine]

Pretty sure I saw the same or substantially similar sign outside a Wal-Mart the other day.
-Mark

 

[txinvestigator]

The odd thing is there was no LE present, just an armed private company security guard. As far as open carry, only LEO can ask for a license (we'll forgo the debate as to whether they can demand it).

In a private business, all an armed security guard could do is request you leave; but as this is a government building that under Texas law carrying in which is not prohibited, so I don't see how he/she could legally do that!

An interesting situation all together, but I still contend the sign is a waste of time and money, and is posted in an attempt to intimidate licensed individuals from carrying. Knowing the law, I simply ignored it...

I agree. They are out to get you.

 

[easy rider]

Texas does not have a DMV. I assume that is at a DPS driver license office. It is a warning for open carry people who think they don't have to show the LTC if asked for one by a Peace Officer.

Or it could be to put the ignorant people at ease if they were to see others carrying guns. ("They must have a license, the sign said so.")

 

[winchster]

The odd thing is there was no LE present, just an armed private company security guard. As far as open carry, only LEO can ask for a license (we'll forgo the debate as to whether they can demand it).

You've that backwards, anybody can ask, only LEO can demand.

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[majormadmax]

You've that backwards, anybody can ask, only LEO can demand.

Care to source that? I've heard both sides (see link below), but I'd abide with the request if only to expeditiously end the encounter.

http://www.thetruthaboutguns.com/20...-a-texas-open-carrier-to-check-for-a-license/

 

[Mreed911]

Care to source that? I've heard both sides (see link below), but I'd abide with the request if only to expeditiously end the encounter.

http://www.thetruthaboutguns.com/20...-a-texas-open-carrier-to-check-for-a-license/

GC 411.205

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. - See more at: http://codes.findlaw.com/tx/government-code/gov-t-sect-411-205.html#sthash.Y5mz5onc.dpuf

 

[majormadmax]

I agree. They are out to get you.

I don't see how, because I honestly don't give a **** about idiotic signage...

 

[majormadmax]

GC 411.205

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. - See more at: http://codes.findlaw.com/tx/government-code/gov-t-sect-411-205.html#sthash.Y5mz5onc.dpuf

And the penalty for failing to do so?

 

[Mreed911]

And the penalty for failing to do so?

Not what you asked.

 

[winchster]

Care to source that? I've heard both sides (see link below), but I'd abide with the request if only to expeditiously end the encounter.

http://www.thetruthaboutguns.com/20...-a-texas-open-carrier-to-check-for-a-license/

None of those cases affect Texas, other than the Terry. State law says a crime is being committed by openly carrying unless....
Therefore a LEO has RS that a crime is in progress, allowing them to detain us until the RS vanishes upon showing a license.

Conversely, if they assume that you might be a license holder, doesn't the following grant them the authority to see it?

Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE
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.

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[easy rider]

Does it really matter? I can't really say I like it, but if asked I would show my license even if it wasn't an LEO. Most times it seems to take forever getting through lines at the DMV/DPS, I certainly don't want to have to come back for being escorted out or waiting on an LEO to be able to get back in line.

 

[txinvestigator]

Care to source that? I've heard both sides (see link below), but I'd abide with the request if only to expeditiously end the encounter.

http://www.thetruthaboutguns.com/20...-a-texas-open-carrier-to-check-for-a-license/

Penal Code 46.02 is the source.

 

[London]

Does it really matter? I can't really say I like it, but if asked I would show my license even if it wasn't an LEO.

Yeah, I definitely can't say I agree. I've been known to get "Difficult" with people who think they have a right to invade my privacy. Would you show them your driver's license, too? How about let them look through your cell phone?

It's your life and you can live it however you want, but I do wish people would stop enabling snoopy assholes.

 

[casp625]

Pretty nifty sign they posted. I think this sign is encouraging those with a license to open carry