if the location was not properly posted he has a defense to prosecution in 46.035(k) which reads "It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code."TexasCajun wrote:It'll be an uphill battle even if the location was improperly posted or wasn't posted at all. The charge isn't for walking past a 51% sign, it's for being in possession of a handgun in a 51% location.ScottDLS wrote:WildBill wrote:Thank you for the post. I will be very interested in the outcome of this case.nimravus01 wrote:According to the jail that he is in, the charge is PC 46.02 (c)/ Unlawful carrying weapon on alcohol premises. Third degree felony.
If he has a LTC, they will no doubt amend that to 46.035b-1...which is still a felony. I wonder if there was a properly posted 51% sign. If not he will have a Defense to raise.
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Return to “UCW in a 51% location”
- Fri Aug 04, 2017 3:37 pm
- Forum: General Texas CHL Discussion
- Topic: UCW in a 51% location
- Replies: 20
- Views: 6022