Let's imagine two things. One that 46.02 ONLY applies to non-LTCs and two, a non-LTC drives past a 30.06 and parks and an LTC drives up and parks.ScottDLS wrote:It simply does not make sense that the legislature would make it legal to carry for a non-LTC, but not a LTC holder. Why is the phrase "carrying under authority of LTC" included in 46.035 and 30.06/7 at all?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.ScottDLS wrote:If it wasn't... then cops carrying on-duty who happened to have a LTC could be charged under 46.035 for carrying at sporting events, in bars, and before Jan 1...open carrying. If you had a CHL before Jan. 1, you could have been charged with open carrying on your own property under 46.035...etc.SlowDave wrote:How do you know that the CHL is not carrying under the authority of his license? Is it a settled issue that the carrier can "decide" under which authority he is carrying? I always thought this was a gray area.ScottDLS wrote:
A licensee carrying a gun in his car is not carrying "under the authority" of his LTC, therefore 30.06 does not apply, as it does not apply to a non-licensee. The 30.06 statute is very specific that offense occurs while carrying "under the authority" of LTC. And even 30.05 has a defense for a person who HAS a LTC and is being excluded for carrying a handgun.
If you don't NEED the authority of your LTC to carry legally, then you are not carrying under its authority. I suppose if you really wanted to make sure, you could lock your LTC in your trunk while carrying under MPA, then you couldn't be carrying under its authority because you don't have it on you...
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.
If you were caught carrying under MPA without your license on you, what would you be charged with? 46.02 is not applicable to MPA carry if you meet the requirements, whether you have LTC or not. There is no 46.035 violation for carrying in car, unlike a cop at a sporting event.
In the case of the cop, how does he get to "decide" that he is carrying on-duty in a bar or sporting event "not under the authority" of his LTC? Unlike MPA this is prohibited to a LTC in 43.035. How is an off-duty or on-duty cop WITH A LTC exempt from 30.06...? They are.
The non-LTC can park as per 46.02 and the LTC can't because of the notification. So far so good. That's easy to understand. Now let's add LTCs to the protection of 46.02. If I am carrying a gun in my vehicle as I park it MUST be because I am authorized by 46.02! Because it CAN'T be because of my LTC privilege which has been prohibited by the 30.06 notification.
In other words. I have two sources of privilege, 46.02, and 46.03 and 46.035 unless it has been removed via 30.06. If one is removed I still have the other. and there is no protocol to remove the 46.02 privilege (generally speaking, other than very specific enumerated situations).
I don't need to pick. 30.06's authority does not extend beyond its official scope. It stops the exercise of your LTC privilege to carry. Ok. I don't need 30.06s input! I have a basic right under 46.02 and that right is not dependent upon the condition or status of your LTC or its exercise thereof. 46.02 doesn't come and go at the whim of someone notifying under 30.06, any more so than your basic 2nd amendment right depends or exists conditionally upon state laws.
tex