That’s incorrect. At the point he stopped me, I wasn’t carrying a gun. 
Doesn’t matter, he was responding to MWAG call which gave him probably cause to stop, ID, and See your LTC.
I don’t agree. Probable cause isn’t enough to stop and ID. It’s lawful arrest that gives them that right per 38.02. At worst, he can pat me down, come to the conclusion that I have no firearm on me and it’s over. JMO of course but I also don’t really agree with their assessment. I think it’s quite a stretch since lawful activity cannot be deemed suspicious and they have no reason to suspect I’m engaged in unlawful activity from a report of a lawful activity.
And you would be wrong. Probable cause is all that is required to see if you have an LTC and that PC is created as soon as a third party calls in the MWAG.
Carrying a handgun except while hunting, boating, on your property is a crime in Texas unless you have an LTC.
Under 38.02 you they can demand ID if you have been lawfully detained, or arrested, not just arrested.
Due to the MWAG they have probable cause to initiate a lawful detention and ID you and get you to also produce your LTC.
Negative. Carrying a gun in your car is lawful. Requirement to display:
GC §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.
Notice the wording here: DEMANDS… this is a requirement that I show my CHL when being forced to ID.
Now, on 38.02… you’re incorrect… the text:
(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
Section B covers false names, not ID.
In your car yes but we’re talking about on your person.
Lastly, I mentioned the pat-down. That’s not an accident. If they have a report of a man with a gun and they identify me as the “offender”, they pat me down, no gun, no arrest. A simple accusation isn’t enough for an arrest. . . but at that point, if I still had the firearm on me, I show my CHL and again, there’s no offense. He has no right to ID at that point, all he has to see is proof of CHL and it should be a dead issue. Will he push it and arrest if I don’t ID? Maybe.
I’ve only had one run in with a cop when I was open carrying in a store. He walked up and was very subtle and said “So you like the new open carry laws?” I said “Absolutely, it means I don’t have to disarm when I’m wearing shorts and a tshirt for biking but since you’re being really cool, I’m happy to show the LTC if you like.” He shook his head and smiled. These guys know who the threats are. I’ve had very few bad interactions with cops in Houston in 25 years. Most are pretty damn cool. I go shooting with a SWAT member on occasion, he takes me to their range and all the ammo is free. 
I have no grudge against them.
Yeah, I get that, I thought you were just saying you had to be hunting or boating or on your property. Texas allows conceal carry in your car with no license. Again, on your person, they need more than detainment and an accusation to ID you. He can pat me down on the outside to validate the claim (cannot search me) and then we go further but at the point I talked with him, I no longer had a firearm on me.
I have this on my truck too… my swat buddy loves it.
And again we’re talking about “carrying a handgun”. If it’s in your vehicle you are transporting it, not carrying it on your person.
If you are carrying it on your person in your vehicle you have to have your LTC in order to do so lawfully except as noted in the statute.
We’re talking about carrying on your person and we both know it.
What I can tell you for sure is that you got lucky and if you’d run into a cop that knew the law and didn’t appreciate your attitude you would have taken the ride.
I honestly don’t agree. I was well within the law at all times. Had he arrested me, HE would have been in the wrong and then we have an unlawful arrest claim. I was clear in my post that I returned my weapon to the car prior to talking to him. There was no gun present and again, man with a gun isn’t enough for an arrest. That’s a report of a potentially lawful activity. There has to be more than “He has a gun” to go by with lawful open carry enacted. The supreme court said a lawful activity cannot be construed as suspicious activity. Brown .v Texas and Terry .v Ohio are pretty clear that lawful activity cannot be deemed suspicious. Again, the circumstances were quite benign in my stop. I asked if I could put my gun in the locker or if she would like me to take it to the car and clearly identified that I had a LTC. I complied by taking my gun to the parking lot at their request and she panicked over a lawful activity. He had zero probable cause of illegal activity. I wasn’t lucky, nor was I in violation of the law. I knew what the law said and I was correct in what I did. Again, had he approached me differently and asked questions, I would have willingly handed him my LTC to diffuse the situation but he was a jack ass and I’m not licking the boots of the people that work for me. I broke zero laws and he knew it.
All that said, have a great evening! I need some rest for a long day tomorrow. I’m sure you have another opinion but doesn’t really matter. It’s done and he didn’t unlawfully arrest me and at the end of the day, the lady in the college learned that a guy with a gun that’s being pretty compliant and is obviously not a threat isn’t something that warrants a police report. 
And you are relying on a false premise. Since he had received the MWAG call (the details of that call neither of us knows) naming you as the MWAG when you refused to produce your LTC he could have slapped the cuffs on you immediately and at a minimum charged you with obstruction.
He didn’t need to see you carrying the firearm to charge you, anymore than he’d have to see you robbing a bank to arrest you for same based on a call identifying you as the bank robber.
Disagree all you want but if you try this with enough cops you’re going to end up in jail at some point.
We make ourselves liable under a whole nuther set of legalities than the average citizen who doesn’t carry or have an LTC when we get ours and choose to carry.
You could beat the unlawful carry charge by producing your LTC in court but you wouldn’t beat the obstruction charge in most jurisdictions and you’re going to be out several thousand dollars trying to.
Yeah, that’s just nonsense. Show me where obstruction would apply from Chapter 38.
https://www.lawserver.com/law/state/texas/tx-codes/texas_penal_code_chapter_38
Again, going back to seeing me carrying a firearm, he needs a credible report of an UNLAWFUL activity. Carrying a firearm isn’t automatically unlawful in Texas today. The onus was on him to communicate suspicion of a crime and then to arrest me to force me to ID. He didn’t have a leg to stand on.
I’m sorry bud but your’e just wrong. 38.02 doesn’t require ID unless I’ve been lawfully arrested and the CHL code says they have to have demanded your ID and the implication is clear that you are under lawful arrest as it says "Along with your first ID, (Drivers license) you must present your CHL if you’re carrying. Had no duty to present CHL at any time when he confronted me because I wasn’t carrying when he confronted me. I had no duty to ID because I wasn’t under arrest. Had he arrested me for a lawful activity, I may have taken the ride but he would have had a complaint for unlawful arrest in his record and I would have had a suit against the city. People do this a lot and most often, the charges get dropped and they file complaints and law suits. I’ve never seen one charged with obstruction that didn’t resist arrest or do something stupid.
Under 411.205 of the Gov’t code you are required to provide your LTC upon demand.
Carrying a firearm on campus is a felony unless you have an LTC.
By refusing to provide it you are obstructing his investigation.
You were very luck you didn’t end up in cuffs and spending a night in jail.
But he was not carrying a gun when confronted by the officer. If what you claim is true, the cops could demand anyone the come in contact with to produce a LTC.
And again it doesn’t matter, the call had already been made so the cop had every reason to detain him and sort it out.
And that he did.
…
Section 60 is giving the police powers to stop and search without reason. It’s a law here.
When were you last in the UK? Do you know we have the highest level of CCTV in the world? You can’t step out of your front door without being on camera. I have CCTV around my house. I bet that gives you the creeps but I think it’s great. There is far less chance that I would get jumped on and get dragged down a dark alley. I live in a very safe area anyway, predominantly white. I don’t like to admit this, but it is how I feel, that white men are far safer. I think it is fine for the state to take care of crime and safety. That is why I live in Europe and you don’t.
Maybe so, but I never saw past the attitude.
We have a lot of stupid laws. I am surprised that is the best you could come up with. But in all fairness, in case it has slipped your mind, we don’t make the majority of our laws. We are governed by the unelected EUSSR.
So how about your 18 year olds being allowed to buy guns but not alcohol? Why are you not deemed responsible enough to cross the road wherever you wish? Why does your government even have to dictate to you where or where not you can cross? Why are your speed limits so ridiculously low? Your roads are wide enough for 100mph limit. See, if you want stupid, we can carry on.
Here’s a problem I have with cops.
They’re allowed to have an attitude. Peon citizens are not.
Most times when a cop stops a citizen, he takes on an attitude. “I’m the LAW, and you’re wrong.” We’re just supposed to stay silent and take it.