Texas-Book-Gun Law Armed And Educated - Flipbook - Page 367
holder. Every LTC holder can be identified in the personal data search
a police officer runs when they check an LTC holder’s driver’s license.
Even if you do not present your LTC, the officer will know that you
have an LTC. If you have failed to identify yourself as an LTC holder
who is carrying a handgun, this may alarm the police officer and cause
an already stressful situation to become more stressful. In short, you
are not gaining anything by not telling the police that you are an LTC
holder who is carrying a handgun.
Under the Firearm Carry Act of 2021, if an LTC holder is not
carrying their license, and instead claims constitutional carrier status,
they may be subject to prosecution if they are found trespassing
where effective 30.05 notice is provided.
The legalization of an LTC holder’s ability to open carry a handgun in a
holster caused a bit of controversy as to whether or not a police officer
could lawfully stop and ask to see the LTC of a person he observes
openly carrying a handgun.
Prior to the Firearm Carry Act of 2021, it appeared that if a police
officer had reasonable suspicion (see Chapter 2 for a description
of reasonable suspicion) that a person was violating the previous
version of the law by being in possession of a handgun while not
on his own property, in his motor vehicle, or in his watercraft,
the officer could stop and investigate further to see if that person
was exempt because they possess an LTC. See Tex. Penal Code
§ 46.15(b)(6). Once the officer confirmed the person was a lawful LTC
holder, he should have had no other reasonable suspicion that a violation
of Texas Penal Code Section 46.02 (as it existed before September 1,
2021) was occurring and allow the person to be on his way.
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