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by srothstein
Mon May 28, 2012 9:59 pm
Forum: LEO Contacts & Bloopers
Topic: TX Residents with out of state CHL
Replies: 40
Views: 14511

Re: TX Residents with out of state CHL

Speedsix, I disagree with part of what you are saying and will attempt to explain my logic. Correct me if you think I am wrong somewhere or I confuse things further.

The law on carrying a weapon is exclusively contained in Chapter 46 of the Penal Code. 46.02 says that it is illegal to carry a weapon unless you are in your own car (basically - I am simplifying by ignoring the limitations written into the MPA on keeping it concealed and not being in a gang or engaged in another crime). This means that it is legal in general to carry a weapon in your car. 46.15 says that the ban on carrying in 46.02 does not apply in certain cases, such as having a CHL or traveling or being a cop.

So, having a CHL is an exception to a crime, but carrying in your car is not a crime to begin with. So having a CHL is irrelevant to carrying in a car.

Some people confuse the requirement to display that is contained in the Government Code with the authority to carry. Note that this law says you must display if you have a CHL and are carryign, and does not mention what authority you are carrying under - or even if you are violating the law by carrying. So, a cop with a CHL must display it when he is stopped, and a person who has a CHL and is carrying inside his own home must display the CHL if asked for ID.

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