In regards to the open carry law:

What is law enforcement's recourse should an individual refuse to produce his/her HL, when requested to do so by a law enforcement officer?

As long as the officer is really in a situation where he is authorized to "demand" the license to be shown like the language of Gov. Code 411.205, then not complying would fit under interfering with public duty.

Of course there was much made of the fact that openly carrying isn't reasonable suspicion for anything, so approaching and asking to see a license would just be a consensual encounter and the citizen doesn't have to comply or engage or do anything else if they don't want to.

It sounds like John just came from one of our legislative update classes, where we talk extensively about this very issue.



FYI, the new license will be called an LTC ("License to Carry") per DPS. Learn this and other interesting facts about open carry by coming to a legislative update near you!

http://www.tdcaa.com/training/...pdates-summer-tour-0

It was a fantastic training! Although I did just improvise the Interferance bit.

What was harder for us to brain storm was under what circumstances an officer is really allowed to demand an LTC. Probably only in a circumstance where he/ she is allowed to demand a DL, which triggers the obligation to produce an LTC.

Perhaps--fail to ID case law might be the best guide in that area.

There is arguably a significant difference between asking for it in a consensual encounter and demanding it following other reasonable suspicion. They gray area between the two is where the mischief will happen.

Something tells me there won't be a hesitation to appeal the very first trial ruling against a defendant.