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by txinvestigator
Thu Jun 09, 2005 10:24 pm
Forum: General Texas CHL Discussion
Topic: Applicability of Texas Penal Code Sec. 46.15
Replies: 7
Views: 3831

Although 46.15 of the Penal Code states

Section 46.02 does not apply to a person who:



(6) is carrying a concealed handgun and a valid license
issued under Article 4413(29ee), Revised Statutes, to carry a
concealed handgun of the same category as the handgun the person is
carrying;


One might argue that if you are carrying a handgun under the CHL laws, then ALL of 46.02 does not apply; however, notice that in other sections, no such language as "is carrying a handgun" is used.

For Armed Security Guards, for example, states;


46.02 does not apply to a person who;

(5) holds a security officer commission issued by the Texas
Board of Private Investigators and Private Security Agencies, if:

(A) the person is engaged in the performance of the person's
duties as a security officer or traveling to and from the person's
place of assignment;

(B) the person is wearing a distinctive uniform; and

(C) the weapon is in plain view;


Notice it states the "weapon" must be in plain view. There is no limitation to a handgun, as in (6).

The same holds true for all other sections.

I believe that the CHL does not permit carry of a club.

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