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by srothstein
Tue May 05, 2009 10:53 pm
Forum: General Texas CHL Discussion
Topic: Accidental UCW or carry under MPA?
Replies: 14
Views: 2163

Re: Accidental UCW or carry under MPA?

First, I want to point out that you can be arrested for almost anything, even if you are found not guilty later.

In the specific case, I think most officers are now aware that you can carry in your car. There is no loophole in the law that treats a CHL any differently than the non-CHL for this. You would be legal in carrying.

Where you would not be legal is in not producing your DL or CHL for the officer. Not producing the DL is a ticket (class C misdemeanor) that specifically says it is to be dismissed if you show your DL to the magistrate (Transportation Code 521.025). Failure to display a CHL is an offense (if you have the gun on or about your person, whether carrying under the CHL authority or not) listed in the Government Code section 411.205. This law specifically states that this is not a crime the first time you do this, just a civil infraction as grounds for a suspension. If it happens a second time, it is a class B misdemeanor.

So, basically, if you are carrying your weapon in your car and forgot your CHL, you are not committing a crime the first time you are stopped. It is most probable that you would not be arrested but would be reported to DPS the first time. Since I don't think they have the suspension records, it is probable that you would never be arrested on the scene for this, but a warrant might come out later. If you are arrested, you would almost definitely win in court later after spending a nice chunk of change.

So, final advice is to be careful. Keep the CHL and DL together and keep them near the weapon.

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