TexasCHLforum.com

G26ster wrote:The Penal code says

"Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

Seems to me if there is no reason to believe it was intentional, knowingly, or reckless, then it's a judgement call as to whether the law was violated or not. Of course, not being an attorney, I wouldn't know.

philip964 wrote:

Oldgringo wrote:

TexasGal wrote:When CHL holders do these things, they should simply be told to either check the gun or return it to their vehicle. It's ridiculous to prosecute them.

Uh,...shouldn't Texas CHL holders, above all others, know better than to do 'these things'? Just askin'....

Wouldn't anyone else be arrested for a Texas firearm violation anyway.

Oldgringo wrote:

TexasGal wrote:When CHL holders do these things, they should simply be told to either check the gun or return it to their vehicle. It's ridiculous to prosecute them.

Uh,...shouldn't Texas CHL holders, above all others, know better than to do 'these things'? Just askin'....

The Annoyed Man wrote:

EEllis wrote:Can we all agree that taking, or attempting to take, a firearm thru security or checking baggage containing firearms without proper declarations is illegal currently? Then what she did was illegal. Now she most likely has reasons and explanations but I don't see that letting her tell it to the court rather than having the airport cop make the call as inherently evil.

Yeah, it's illegal. But cops make decisions like that all the time, based on their boots on the ground judgement. Easy example: it's illegal to exceed the speed limit. The cop can give you a ticket, but many will issue a warning, depending on their appraisal of the individual they have pulled over. In California, it is illegal to be carrying a loaded gun in the car, not secured in a locked container, but lots of people (I did it when I lived there) will keep a gun under the front seat for "just in case." I've had more than one California LEO tell me when I asked them what they would do if they found a concealed gun in the car of someone like me, and I was told "I'd not only let you go, I'd probably put the gun back where I found it." Granted, carrying a firearm past TSA security is a much more significant offense than a traffic ticket, but it is not any worse than getting caught with an illegally concealed firearm in California. One can still exercise good judgement..........Lord knows they show poor judgement all the time when they frisk 6 year old paralytic girls.

And by the way, I'm not suggesting that Ms Nugent should have been either ignored, or allowed to proceed with the gun onto the airplane. But I AM suggesting that when they run her record and find that she doesn't have one, that she does possess a CHL which would explain how a gun might be forgotten in a carry on bag, they might well have A) escorted her back to her car and locked it up, or B) confiscated the gun and sent her on her way; or some other variation of that.

But if it makes you happier to see her in court, I guess you're going to be happy then.

Nugent was processed through the airport holding facility and released.