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by srothstein
Fri Jan 08, 2016 11:52 pm
Forum: General Texas CHL Discussion
Topic: Open carry: negative ramifications
Replies: 39
Views: 11130

Re: Open carry: negative ramifications

SlowDave wrote:I respectfully disagree. Well, maybe not disagree, but don't believe you've answered the question. When either the CHL/LTC or MPA would cover your actions, I don't see how it is prescribed which authority you're carrying under. I can *hope* that I'm carrying under the MPA rather than CHL/LTC, but I don't know how that would come down in a court of law. And the location of your card is irrelevant, other than if an authority decides that HE/SHE believes you were carrying under the CHL/LTC rather than the MPA and you don't have your card on you, you might get introduced to our legal system.

The policeman situation is different. Since the CHL/LTC would not cover his actions, it is very clear that he is not carrying under it's authority.
The trick to understanding what authority you are carrying under is to look at how the law is worded. If the act you are performing is not an illegal act, you do not need any authority to do it. So, a person carrying a pistol in his own house can do it any way he wants and needs no permit or other legal authority to do so. This is because the law says it is illegal to carry on premises other than your own (well, the a slightly more precise wording of the offense is it is illegal to carry off your own premises). In the case of being in your car, note that section 46.02 makes it an element of the offense that you are not in your car, or if in your car it is not concealed or you are committing another crime, etc. This means a person is not breaking the law and he needs no special authority or permission to do what he is doing.

Now, the second you step out of the car, you are on someone else' property and need some legal authority to carry a gun. This authority is required because you would be breaking the law otherwise.

So, when a parking lot is posted, it means that you can still carry in your car because the sign applies only to those carrying under the authority of an LTC.

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