The phrase is a "defense TO prosecution", and it has nothing to do with a Concealed Handgun License. Having a license and being in compliance fall under NON-APPLICABILITY.yerasimos wrote:
As an aside, I wish the people writing these stories would wrap their minds around the concept that, in the state of Texas, you do not need a PERMIT to possess a HANDGUN. A Concealed Handgun LICENSE is required for a defense from prosecution under state laws prohibiting CARRY of handguns in public.
TPC 46.15 makes UCW not apply to those with a CHL and following the CHL laws.
And Texas state laws do not make a difference from Public and non-public carry.
§46.02. Unlawful carrying weapons.
(a) A person commits an offense if he intentionally,
knowingly, or recklessly carries on or about his person a handgun,
illegal knife, or club.
§46.15. Nonapplicability.
(b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license
issued under Article 4413(29ee), Revised Statutes, to carry a
concealed handgun of the same category as the handgun the person is
carrying;