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by Mike.B
Fri Jul 18, 2014 6:51 pm
Forum: Instructors' Corner
Topic: Penal Code 46.15 Nonapplicability
Replies: 18
Views: 6467

Re: Penal Code 46.15 Nonapplicability

kg5ie wrote:
hillfighter wrote:
kg5ie wrote:I agree with your interpretation of the wording using a literal reading, and I also agree that what we have is "unintentional consequences" of a poorly worded law. In addition, if indeed 46.02 does not apply, one can argue that "a-1" is out and that a CHL owner can lay their weapon on the dash or seat "in plain view". Agreed?
You absolutely can do that when you're hunting etc. But you're not covered by MPA if it's in plain view and you're violating 46.035 by intentionally displaying it in a public place while carrying under the authority of your CHL.
Ah, but PC 1.07 (40) defines a "public place":
(40) "Public place" means any place to which the
public or a substantial group of the public has access and includes,
but is not limited to, streets, highways, and the common areas of
schools, hospitals, apartment houses, office buildings, transport
facilities, and shops.
Your car is certainly not a public place. The general public does not have access to your car.
How about you try that out and tell us if the judge or jury buys your argument.

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