GC411.205 (a)

[Texas Solo]

Section 205a of the penal code states that a CHL holder must produce his CHL along with his DL during a traffic stop.

Somewhere I read that this is still the law, but that the penalty for NOT doing so was removed. I need to see this in a manner that I can print it out. Anyone know what law changed the original law?

OK, you're wondering why I need this, right? No, I didn't screw up! A buddy of mine is SAPD. We were talking this AM about CHL stuff and he commented how it concerns him that a CHL'er must show his CHL if stopped, but someone carrying under the castle doctrine (no CHL) was not subject to the same law. I told him that I had read somewhere that although I still have to produce my CHL, the penalty for not doing so has been removed. He's never heard of this. I'd like to print out the official change in the law if I can find it. Can anyone help?

FYI...he did state that if no CHL is offered, he routinely asks if there is a weapon present.

 

[Bithabus]

Wasn't a crime before but a Peace Officer could send an affidavit to DPS which could result in a CHL suspension. Here's the old GC:

§ 411.187. SUSPENSION OF LICENSE. (a) A license may be
suspended under this section if the license holder:
(1) is charged with the commission of a Class A or
Class B misdemeanor or an offense under Section 42.01, Penal Code,
or of a felony under an information or indictment;
(2) fails to display a license as required by Section
411.205;
(3) fails to notify the department of a change of
address or name as required by Section 411.181;
(4) carries a concealed handgun under the authority of
this subchapter of a different category than the license holder is
licensed to carry;
(5) fails to return a previously issued license after
a license is modified as required by Section 411.184(d);
(6) commits an act of family violence and is the
subject of an active protective order rendered under Title 4,
Family Code; or
(7) is arrested for an offense involving family
violence or an offense under Section 42.072, Penal Code, and is the
subject of an order for emergency protection issued under Article
17.292, Code of Criminal Procedure.
(b) If a peace officer believes a reason listed in
Subsection (a) to suspend a license exists, the officer shall
prepare an affidavit on a form provided by the department stating
the reason for the suspension of the license and giving the
department all of the information available to the officer at the
time of the preparation of the form. The officer shall attach the
officer's reports relating to the license holder to the form and
send the form and the attachments to the appropriate division of the
department at its Austin headquarters not later than the fifth
working day after the date the form is prepared. The officer shall
send a copy of the form and the attachments to the license holder.
If the license holder has not surrendered the license or the license
was not seized as evidence, the license holder shall surrender the
license to the appropriate division of the department not later
than the 10th day after the date the license holder receives the
notice of suspension from the department unless the license holder
requests a hearing from the department. The license holder may
request that the justice court in the justice court precinct in
which the license holder resides review the suspension as provided
by Section 411.180. If a request is made for the justice court to
review the suspension and hold a hearing, the license holder shall
surrender the license on the date an order of suspension is entered
by the justice court.

And the current:

Sec. 411.187. SUSPENSION OF LICENSE. (a) The department shall suspend a license under this section if the license holder:
(1) is charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
(2) fails to notify the department of a change of address, name, or status as required by Section 411.181;
(3) carries a concealed handgun under the authority of this subchapter of a different category than the license holder is licensed to carry;
(4) fails to return a previously issued license after a license is modified as required by Section 411.184(d);
(5) commits an act of family violence and is the subject of an active protective order rendered under Title 4, Family Code; or
(6) is arrested for an offense involving family violence or an offense under Section 42.072, Penal Code, and is the subject of an order for emergency protection issued under Article 17.292, Code of Criminal Procedure.
(b) If a peace officer believes a reason listed in Subsection (a) to suspend a license exists, the officer shall prepare an affidavit on a form provided by the department stating the reason for the suspension of the license and giving the department all of the information available to the officer at the time of the preparation of the form. The officer shall attach the officer's reports relating to the license holder to the form and send the form and the attachments to the appropriate division of the department at its Austin headquarters not later than the fifth working day after the date the form is prepared. The officer shall send a copy of the form and the attachments to the license holder. If the license holder has not surrendered the license or the license was not seized as evidence, the license holder shall surrender the license to the appropriate division of the department not later than the 10th day after the date the license holder receives the notice of suspension from the department unless the license holder requests a hearing from the department. The license holder may request that the justice court in the justice court precinct in which the license holder resides review the suspension as provided by Section 411.180. If a request is made for the justice court to review the suspension and hold a hearing, the license holder shall surrender the license on the date an order of suspension is entered by the justice court.

 

[txinvestigator]

Section 205a of the penal code states that a CHL holder must produce his CHL along with his DL during a traffic stop.

That is not the penal code, but the government code.

Somewhere I read that this is still the law, but that the penalty for NOT doing so was removed. I need to see this in a manner that I can print it out. Anyone know what law changed the original law?

OK, you're wondering why I need this, right? No, I didn't screw up! A buddy of mine is SAPD. We were talking this AM about CHL stuff and he commented how it concerns him that a CHL'er must show his CHL if stopped, but someone carrying under the castle doctrine (no CHL) was not subject to the same law. I told him that I had read somewhere that although I still have to produce my CHL, the penalty for not doing so has been removed. He's never heard of this. I'd like to print out the official change in the law if I can find it. Can anyone help?

The Castle Doctrine has nothing to do with the carry of a firearm.


Here is a link to the current Bithabus quoted for you;

GOVERNMENT CODE**CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

 

[Texas Solo]

Thanks Bithabus, that's exactly what I needed.
Section 411.187 was revised, eliminating the original #2 and moving #3 up to #2. Thus eliminating the penalty for failing to volunteer your CHL.