Tuesday, January 26, 2016
Am I required to show ID if I'm stopped for open carrying?
In Texas, there is a lot of debate about this both in legal and constitutional circles. We don't believe so, based on the legislature's own words in passing the open carry law. It was included in the legislative intent which anyone can read for themselves HERE and HERE in their own words, that law enforcement cannot stop and demand an ID based solely on open carry. They can request it, but according to the legislature, they cannot demand it without PC or RS. You are not required to show an ID or a license to law enforcement unless you are suspected of committing a crime or volunteer to do so. Penal Code 38.02 makes this clear. It is important to ask the officer if you are suspected of committing a crime. He must have articulable circumstances that a crime was, is, or is about to be committed. Open carry is not solely a basis for demanding ID.
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