Texas-Book-Gun Law Armed And Educated - Flipbook - Page 371
how that intersects with the traditional police powers of search,
seizure, and arrest. At least one court has held that the police already
have the authority to disarm anyone of a deadly weapon to protect
themselves. See Lovett v. State, 523 S.W.3d 342 (Tex. App.—Fort
Worth. 2017, pet. ref’d).
E. What are a passenger’s obligations when the driver is
stopped by law enforcement?
Sometimes police will ask passengers in the vehicle for
identification to run a check for outstanding warrants, but
passengers are generally not legally required to present
identification. However, pursuant to Texas Government Code
Section 411.205, passengers who are LTC holders who are
carrying a handgun and are asked for identification are required
to present their LTC (even though, as discussed earlier, there is
no penalty for failure to do so) and may be disarmed by police in
the interest of safety as described earlier. See police interactions
discussed at length in Chapters 2, 3, and 4.
On the other hand, if a passenger is constitutionally carrying a
handgun pursuant to the Firearm Carry Act of 2021, there is no legal
obligation to tell the officer they have a firearm or otherwise identify
themselves. See Tex. Penal Code § 38.02. However, every situation
is different. If the police are investigating a crime which could
potentially implicate the passenger or they are lawfully ordered out
of the vehicle and detained themselves, the constitutional carrying
passenger will likely be identified as such and disarmed.
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