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by fiftycal
Sun Sep 23, 2007 6:42 pm
Forum: General Texas CHL Discussion
Topic: Unlawful Carrying Weapons....Will Arrests increase in TX???
Replies: 53
Views: 9802

There is a corresponding state law to the "gun free school zone" fed law.

§ 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE
SCHOOL ZONE. (a) Except as provided by Subsection (b), the
punishment prescribed for an offense under this chapter is
increased to the punishment prescribed for the next highest
category of offense if it is shown beyond a reasonable doubt on the
trial of the offense that the actor committed the offense in a place
that the actor knew was:
(1) within 300 feet of the premises of a school; or
(2) on premises where:
(A) an official school function is taking place;
or
(B) an event sponsored or sanctioned by the
University Interscholastic League is taking place.
(b) This section does not apply to an offense under Section
46.03(a)(1).
(c) In this section:
(1) "Institution of higher education" and "premises"
have the meanings assigned by Section 481.134, Health and Safety
Code.
(2) "School" means a private or public elementary or
secondary school.

And there is nothing in the new law that requires someone with a handgun in a car to notify an officer during a traffic stop that they have a handgun in the car. When asked, a reply such as "Am I free to go" or "my lawyer said all the information you need is on my drivers license" or "why do you ask" may prevent an officer from ILLEGALLY searching your car. And when asked "do you mind if I look" should ALWAYS be followed with "I do not give you permission to search my car". And then SILENCE! Nothing in the traffic code or anything else gives a cop the legal ability to do 20 questions.

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