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What would it take for someone like Strickland to file for impeachment of Bonnen? Texas law doesn't require a criminal act to impeach a legislator - just that it come from the House.

This assumes you provide evidence - as required - to raise the defense and that in doing so you can provide reasonable doubt for the prosecution to have to overcome. The burden is on the defendant, not the prosecution, with a "defense to prosecution." The burden is squarely on the prosecut...

Interesting side note: the court cites Tafel vs. State of Texas here (note 66). I commented on Tafel when it came out, too. It was "locally" controlling in this regard. Now it's statewide. Here's the really interesting piece... let's say that a bill was drafted to change "does not app...

It is the State that must NEGATE your Defense to Prosecution (beyond a reasonable doubt) in order to convict you. That's the reason I argue that the action taken (providing you have the Defense) is legal. The law (Penal Code) itself sets out the Defense...If you meet the conditions, you are not bre...

I forget when they added 46.15, but they didn't get the "exception" language correct per this ruling, so it's only a Defense. To be clear, this is the (now well defined in case law) crux of the problem. The legislature likely intended one thing but wrote another. The language needs to be ...

Just FYI, I emailed Stickland's office since he's on our side and I also emailed every member of the Senate's Criminal Justice committee (hopefully that's the right one) with a link to the decision asking that they clarify the law since now, technically, it was illegal for them, DPS, anyone to carry...

Actually, carrying on your own property is not illegal per 46.02, but essentially everything else is a "Defense to Prosecution" even when it appears intended to be an exception. I think the magic words are "it is an exception to application of (whatever statute)....(conditions of the...

Or anywhere. Carrying a gun is illegal in Texas and there are no exceptions.

Defenses, yes, but no exceptions. None.

Unless we get the legislature to fix this. The easiest fix is to change 46.15 to use the right language.

We've discussed this particular nuance here (ad nauseam) re: exception vs. defense to prosecution. The short version is that an exception is something a prosecutor must negate in order to be able to charge a crime where a defense is something the defense must raise and prove and a prosecutor doesn't...

I received this as part of a case law update from TDCAA this morning related to the language in the Penal Code of "does not apply" and the concept of an exception (which the State must negate) vs. a defense (which the Defense must prove up). This is applicable to carrying firearms because ...

For personal reasons I waited until today to submit my renewal for an expiration in mid-January. Not worried, though, as I have a valid Arizona permit if there's any lag. All it would affect are purchases in the meantime.

What statue does "UNL CARRY HANDGUN LIC HOLD" violate? There were 6 convictions in 2014. I wish DPS had a table that references statutes in their list of convictions. 46.035. The 46.02 convictions are likely to be things like getting busted for DWI while carrying (committing a criminal ac...

ScottDLS wrote:Except if you're NOT carrying in a court with the AG's opinion to help your lawyer make the case.

That's not how AG's opinions work.

So you can have your weapon in the car as long as it is unloaded and secured behind two locks (with one being your car door locks). Which is completely unenforceable, criminally, as the statute only refers to the firearm/weapon. Loaded/unloaded DOES NOT MATTER in Texas. In other words, staying load...

Soccerdad1995 wrote:The other way this could get forced to resolution would be if someone was given the $200 ticket for OC'ing past the signs

Unless they're actually prosecuted under Chapter 46...