TexasCHLforum.com

jmorris wrote: ↑Wed Apr 07, 2021 1:50 pm

srothstein wrote: ↑Tue Apr 06, 2021 2:42 pm

nightmare69 wrote: ↑Tue Apr 06, 2021 7:09 am .....

I believe someone misinterpreted the wording of the law. It is a crime to walk past a properly posted 30.06/07 sign. You can be cited for this with a class C misdemeanor ticket. This is a valid citation IF no other actions take place. For example, if you are carrying with your LTC and ignore the sign and enter a store. A manager sees the pistol when you reach for something. He does not approach you but calls the police saying there is a person in the store with a gun who ignored the signs. When the officer arrives and identifies you, you present your ID and LTC in accordance with the law. The officer asks if you are armed and you say yes. He can then cite you for the violation.
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But as I understand HB121 then the police must orally warn you and give you a chance to leave before issuing you the ticket. This makes the class C moot because if you leave there is no ticket and if you don't leave it is now a Class A.

The act doesn't say who has to give oral notice, just that you must be given it.

Even so, the TPC says it is a "defense to prosecution" which does not apply to the arrest, but only to the defense. Even if you are notified and leave, you can still be arrested and your attorney can argue "defense to prosecution."

Texas Penal Code 2.03 https://statutes.capitol.texas.gov/docs/PE/htm/PE.2.htm

Sec. 2.03. DEFENSE. (a) A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."

(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.

(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.

(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.

(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.

Texas lawyers discuss the meaning of "defense to prosecution." https://www.avvo.com/legal-answers/what ... 18567.html

No, LTC holders cannot depend on "playing dumb" after passing a 30.06/30.07 sign that is compliant with the TPC and then leaving when told to. By passing the sign, the LTC holder has broken the law.

This link is to the enrolled version of HB 121 86th legislature. https://capitol.texas.gov/tlodocs/86R/b ... navpanes=0

I fee it is important to understand the meaning of "defense to prosecution." It is not a "get out of jail free" card. I am not a lawyer, but the lawyers with whom I have discussed "defense to prosecution" have told me that you can still be arrested, charged, and tried. Your attorney will raise the defense to prosecution pre-trial, but your attorney must still convince the court that the defense applies, and prove the defense in court. During the process, the charging authority may decline to charge or prosecute, but this is not a certainty.

Texas Penal Code 2.03 https://statutes.capitol.texas.gov/docs/PE/htm/PE.2.htm

Sec. 2.03. DEFENSE. (a) A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."

(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.

(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.

(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.

(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.

Texas lawyers discuss the meaning of "defense to prosecution." https://www.avvo.com/legal-answers/what ... 18567.html