TX....Gator ,
Clairifications:
RE: Prohibited. Sorry , that's my loose definition. Meaning that a handgun is generally prohibited to carry (as in a UCW charge) unless the old "defenses to prosecution/ does not apply" reasons come into play.
I usually tell folks who disagree with me on this point to slap a handgun in a holster on their hip and just walk into a movie theater, WalMart, or mall and see what happens. ( Don't do it, I'm being a smartass) Be sure to tell the arresting cops that you are an American and have II Amendment rights (they love to hear that part) ! ( Again, I'm a smartass). Or go for a felony and have a non-CHL carry a handgun ( as in a lady with a handgun in her purse) into restaurant that sells or serves alcohol. (Go for the felony!)
RE: LEO ID of someone with a handgun.
I think we are talking semantics here and my too brief statement was misunderstood. My point is that if a LEO makes contact with a CHL, if the CHL is carrying a handgun, when the LEO asks for ID, proof of Finc. Respons./insurance at a traffic stop, the CHL must display the CHL or face possible suspension.
The point I was attempting to make is that a non-CHL/traveler would not be required to tell the LEO that they are carrying a handgun/firearm in the car. And most LEO's usually don't ask the average person if they have any weapons in the car. My police friends see this as a "reverse standard".
I have to agree. This has caused a number of LEO's to warm up to the idea of CHLs.
RE: The topic of the gun-free drug free school zone and UCW comes from 46.11 and definitions in Health and Safety code 481.134.
Basically, if a UCW takes place within 300 ' of school property, activities, etc. then the Class A UCW gets bumped up to a 3rd degree felony.
This is mentioned on page 38 of the the DPS CHL Laws book 2003-2004 edition.
http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf
Sure you could make the current traveling arguement, but there are ADA's in Harris, Travis, Dallas, Collin and Denton counties just waiting to get a test case in a weapon-free school zone. Trust me, please.
As I constantly tell a friend, you can read the laws until your eyes bleed and it doesn't mean that a prosecutor will interpret the law the same way, and not seek an indictment.
J
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Return to “Car carry OK without CHL?”
- Thu Dec 15, 2005 7:57 pm
- Forum: General Texas CHL Discussion
- Topic: Car carry OK without CHL?
- Replies: 29
- Views: 4977
- Wed Dec 14, 2005 3:57 pm
- Forum: General Texas CHL Discussion
- Topic: Car carry OK without CHL?
- Replies: 29
- Views: 4977
The TX Legislature did a really poor job in passing HB 823.
But it was the best they could get , considering what the sponsors wanted.
Still:
No definition of 'traveling'
A handgun is still a "prohibited weapon".
Handgun carriers (non-CHLs) do not have to ID themselves to LEOs. CHLs do.
What does a handgun transporter/traveler do when they drive on a public street within 300' of school property ? Sounds like a 3rd degree felony to me.
What about when the handgun carrier (non-CHL)drives into a parking lot that has a no guns sign posted? Sounds like a Class A to me.
They would have been better off not making the change.
BTW, here is DPS's take.....
http://www.txdps.state.tx.us/administra ... veling.pdf
Not much there, but it does describe the situation.
But it was the best they could get , considering what the sponsors wanted.
Still:
No definition of 'traveling'
A handgun is still a "prohibited weapon".
Handgun carriers (non-CHLs) do not have to ID themselves to LEOs. CHLs do.
What does a handgun transporter/traveler do when they drive on a public street within 300' of school property ? Sounds like a 3rd degree felony to me.
What about when the handgun carrier (non-CHL)drives into a parking lot that has a no guns sign posted? Sounds like a Class A to me.
They would have been better off not making the change.
BTW, here is DPS's take.....
http://www.txdps.state.tx.us/administra ... veling.pdf
Not much there, but it does describe the situation.