TexasCHLforum.com

LabRat wrote:I don't read it that way. The section (as quoted above) states that you must have a valid license "issued" under..."
Well, I have a valid CHL, and it is issued to me, regardless whether I have it with me or not. The section says nothing about "on or about your person" so some-such legalese...

I think if you read it a little more closely, you will see that as a matter of grammar, it applies if you are carrying two things (1) a "concealed" handgun and (2) a valid license issued under... I think if is quite explicit that you have to be carrying the license not that you simply "have" a license.


Penal Code 46.15(b)(6) "Section 46.02 [unlawful carrying of weapons] does not apply to a person who . . . is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun."

I would love to see this next legislative session tweak the law to protect CHL holders who innocently leave home without their plastic. Under a strict reading of current law, it appears to be a Class A misdemeanor (or class C felony in certain alcohol venues) if a CHL holder goes to a place requiring a CHL, but accidentally leaves the plastic at home.

Penal Code 46.15(b)(6) "Section 46.02 [unlawful carrying of weapons] does not apply to a person who . . . is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun."

As I read this provision, it requires the CHL holder to actually be carrying the plastic and makes no exception if it is innocently missing from his/her wallet.

If there is any gun legislation this coming session, I would like to see the law tweaked so that this situation is handled more like the situation where a driver forgets to bring their driver's license - a $200 fine and a misdemeanor unless you can produce the license in court, in which case it is just a $10 fee. It seems like this would be a reasonable legislative request.

Here is the law for driver's licenses.

Trans. Code Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY.
(a) A person required to hold a license under Section 521.021 shall:
(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and
(2) display the license on the demand of a magistrate, court officer, or peace officer.
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(c) A person who violates this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200...

(d) It is a defense to prosecution under this section if the person charged produces in court a driver's license:
(1) issued to that person;
(2) appropriate for the type of vehicle operated; and
(3) valid at the time of the arrest for the offense.
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(f) The court may assess a defendant an administrative fee not to exceed $10 if a charge under this section is dismissed because of the defense listed under Subsection (d).