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by yerasimos
Wed Oct 19, 2005 9:03 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Why is it easy to determine...
Replies: 8
Views: 1247

Re: HB 823 test case?

txinvestigator wrote:
yerasimos wrote:

As an aside, I wish the people writing these stories would wrap their minds around the concept that, in the state of Texas, you do not need a PERMIT to possess a HANDGUN. A Concealed Handgun LICENSE is required for a defense from prosecution under state laws prohibiting CARRY of handguns in public.
The phrase is a "defense TO prosecution", and it has nothing to do with a Concealed Handgun License. Having a license and being in compliance fall under NON-APPLICABILITY.

TPC 46.15 makes UCW not apply to those with a CHL and following the CHL laws.
You knew exactly what I was saying, and stated it more exactingly than I did. Well done.
txinvestigator wrote: And Texas state laws do not make a difference from Public and non-public carry.
Ie, no carry in a county courtroom, nor in a privately-owned, 51%+ bar? Or are you implying something broader?
by yerasimos
Tue Oct 18, 2005 8:52 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Why is it easy to determine...
Replies: 8
Views: 1247

HB 823 test case?

txgho1911 wrote:If the homeowner is on his own property exiting a vehicle. What is there to bar him from having a pistol with him? I would understand there is nothing illegal in that.
Someone looking to crucify the guy would raise the issue of his possession of the handgun within his car prior to his arrival in his driveway. (IE, why didn't he have a so-called "permit"?) However, if he met all of the criteria in HB 823, then he might be a ready-made test case for that DA in Harris County who wants to indict people who claim the "traveling" exemption.

As an aside, I wish the people writing these stories would wrap their minds around the concept that, in the state of Texas, you do not need a PERMIT to possess a HANDGUN. A Concealed Handgun LICENSE is required for a defense from prosecution under state laws prohibiting CARRY of handguns in public. I infer from the writer's usage that the writer of the click2houston.com story is a transplant from a place like NJ or NY, and generally ignorant of firearms and laws pertaining to them. (Though I guess I am stating the obvious on that last point!)

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