30.05 (f) says "defense to prosection". When does this "defense to prosecution" take place, at a pre-trial hearing or during the trial?Charles L. Cotton wrote:To prosecute a CHL holder for trespass, the elements of TPC §30.06 must be met.
Chas.
Search found 3 matches
- Sun Aug 12, 2007 2:21 pm
- Forum: General Texas CHL Discussion
- Topic: 30.05 signs
- Replies: 19
- Views: 4461
- Sat Aug 11, 2007 8:19 pm
- Forum: General Texas CHL Discussion
- Topic: 30.05 signs
- Replies: 19
- Views: 4461
- Sat Aug 11, 2007 7:37 pm
- Forum: General Texas CHL Discussion
- Topic: 30.05 signs
- Replies: 19
- Views: 4461
Not True. 30.05 (f) says "a defense to prosectution" not "does not apply". You CAN still be arrested & then prosecuted, IF the no trespassing sign includes specific references to a CHL holder. Will you be arrested? Depends on the officer on the scene. If arrested will you prosecuted? Depends on the Prosecutor.nitrogen wrote:30.05 says it won't apply if it's in regards to a concealed handgun.
Agreed. A plain "gunbuster" or "no guns" sign makes no references to trespassing or to a CHL holder.nitrogen wrote:a "no guns sign" isn't sufficient, as 30.05