TexasCHLforum.com

Photoman wrote:

GlockandLoad wrote:I used a bar as an example only. I would never carry a gun into a bar. I know for a fact that they are off limits. I should have clarified that better.

I've carried in a bar. Not all bars are off limits.

Uhm.
If you mean the bar area of a resturant that's not a 51%, then that makes sense. All 51% establishments are off limits, unless you're working there.

While I agree that the law is implemented by people, I'm only pointing out what COULD happen.

If I was on the jury of a 6-time murderer that was out on parole, who shot someone trying to rape his wife, he'd get no billed or found not guilty on all counts by me (including any charge of unlawful posession; as I believe in jurt nullification, but that's another post entirely)

I also realise that not everyone thinks the way I do.

seamusTX wrote:

KBCraig wrote:I've actually seen this with "prohibited persons": no-billed on the shooting, but prosecuted (and convicted) for being a felon in possession of a firearm.

The issue of felon in possession seems a lot different from an otherwise honest citizen being in the wrong place at the wrong time.

- Jim

Not according to the law, it's a felony either way.

Well, carrying in a prohibited place is a 3rd degree felony, so I wouldn't do it, period. You can lose your rights to own guns or have a chl for life, so I totally wouldn't risk it.

Having said that, I'll play landshark (sorry Chaz ) for a second.

Nitrogen Playing Lawyer wrote: "Your honor; We know that with the recent change in the law that shootings of this nature usually get no billed by the grand jury. However, we have interesting circumstances here. The accused was in a place where he was legally prohibited from carrying a handgun, even though he had a legal CHL. Also, when tested by breathalyzer, he blew a .04. The law clearly states that you cannot carry a handgun while you are intoxicated, and I believe the accused WAS intoxicated. I think these circumstances warrant the grand jury to return an indictment. "

Heck, you also might get a cool DA that won't even bring the UCW charge up. Would you want to bet your future firearm rights on one person?

Could that happen? Possibly. One of the real legal eagles might chime in and take me to task here, but I sure as heck wouldn't risk a 3rd degree felony.

Personally, I avoid places where I am not allowed to carry. I have been to a 51% place about twice since I've been in Texas (in 2005) and the only place I visit at all regurlarly is a school as thats where my wife works. I feel reasonably safe there because they have a SRO who'se there most of the time, and the employees there are pretty on the ball about things.

EDIT: Seeing the responses above me while I was posting make me realise I might be in the minority here. I am used to living in parts of California, where the police and the DA do whatever they can to "get you" if they have one shred of reason to believe they can. I realise usually it's different here, but it's hard to get out of that mindset.