BradGroux wrote:This article goes into some good detail about the new law and how LEO's can't really do squat when it comes to a concealed weapon in your car or even on your person. For them to arrest you with a concealed weapon they have to prove that you are not in "transit" and if you aren't at your home you are in pretty much a perpetual state of travel or transit... and like the Dallas DA in the article states, that is "nearly impossible" to prove that someone with a concealed weapon isn't travelling... especially beyond a reasonable doubt.
http://www.dallasobserver.com/2007-10-2 ... ll-travel/
Now, I don't think I'll take this law and carry while I don't have my CHL and play the "oh I'm travelling card" if stopped walking into an HEB, I will however have no problem carrying in my vehicle and then to and from my vehicle, especially when walking from my vehicle to my home.
The new law never mentions 'in-transit' it says you are legal if you are directly en route to a motor vehicle. Walking around HEB is not directly en route.
Also traveling has NOTHING to do with the changes to the carry statute. Nothing. Traveling is still a non-applicability to the carry law. The only change to traveling was a presumption of being in a private motor vehicle was removed.
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In other words, if you're caught carrying a concealed pistol on the street and don't have a permit, tell the cop you're walking between your car and your home, either getting ready to travel somewhere or coming home. The burden now falls on the police officer to prove you are not really "traveling," which Dallas District Attorney Craig Watkins says is virtually impossible. ***snip*** This shows he has not read the law, or is completely disingenuous. The new law mentions nothing about traveling, in fact, the new law does not change what the DA is stating. Even BEFORE HB 1815, traveling was still a non-applicability.
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We're letting drug dealers with Glocks under the seat go and say have a nice day ***snip*** A lie or a complete dolt. The change in the law specifically states that a person cannot be committing another crime while carrying. Besides, if the traveling non-applicability lets drug dealers carry, it ALWAYS did, as the change in the law did not effect traveling.
Just to give you the facts, here is an explanation I worked up on the change in the weapons laws;
Prior to 2005, it was illegal to carry a handgun on or about your person under Penal Code section 46.02, Unlawful Carrying a Weapon (UCW). Section 46.15 listed when 46.02 did not apply to a person. One of those was a person with a CHL. Another was a person who was traveling. Traveling was, and never has been defined. It is up to each jury to decide if a person was traveling.
In 2005, the legislators added a part to 46.15 that stated that a person was presumed to be traveling IF the person was in a motor vehicle, not engaged in another crime at the time, the gun was concealed, plus a couple of other requirements.
That was NOT a definition, just a presumption. If a person did not meet the presumption, they could still be traveling if they convinced a jury.
Some DAs decided they would prosecute anyway, even if the person met the presumption, so out legislators changed the law in 2007. 46.02 was re-written, and 46.15 was edited to remove the presumption; however, traveling remains as a non-applicability just as it has for years.
Here is the new law;
§ 46.02. Unlawful Carrying Weapons.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
§ 46.15. Nonapplicability.
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity;
(4) holds a security officer commission issued by the Texas Private Security Board, if the person:
(A) is engaged in the performance of the person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment; and
(B) is either:
(i) wearing the officer's uniform and carrying the officer's weapon in plain view; or
(ii) acting as a personal protection officer and carrying the person's security officer commission and personal protection officer authorization;
(5) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code , to carry a concealed handgun of the same category as the handgun the person is carrying;
(6) Deleted by Acts 2007, 80th Leg., ch. 1048 (H.B. 2101), § 3, effective September 1, 2007.
(7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; or
(8) is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is:
(A) on the immediate premises where the activity is conducted; or
(B) en route between those premises and the person's residence and is carrying the weapon unloaded.
(c) The provision of Section 46.02 prohibiting the carrying of a club does not apply to a noncommissioned security guard at an institution of higher education who carries a nightstick or similar club, and who has undergone 15 hours of training in the proper use of the club, including at least seven hours of training in the use of the club for nonviolent restraint. For the purposes of this subsection, "nonviolent restraint" means the use of reasonable force, not intended and not likely to inflict bodily injury.
(d) The provisions of Section 46.02 prohibiting the carrying of a firearm or carrying of a club do not apply to a public security officer employed by the adjutant general under Section 431.029, Government Code, in performance of official duties or while traveling to or from a place of duty.
(e) The provisions of Section 46.02 prohibiting the carrying of an illegal knife do not apply to an individual carrying a bowie knife or a sword used in a historical demonstration or in a ceremony in which the knife or sword is significant to the performance of the ceremony.
(f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as:
(1) a member of the armed forces or state military forces, as defined by Section 431.001, Government Code; or
(2) an employee of a penal institution.
(g) [Repealed by Acts 2005, 79th Leg., Chs. 1093 (H.B. 2110), § 4, effective Sept. 1, 2005, and Acts 2005, 79th Leg., ch. 1179, (S.B. 578), § 3, effective September 1, 2005.]
(h) [Repealed by Acts 2007, 80th Leg., ch. 693 (H.B. 1815), § 3, effective September 1, 2007.]
(i) [Repealed by Acts 2007, 80th Leg., ch. 693 (H.B. 1815), § 3, effective September 1, 2007.]
(j) The provisions of Section 46.02 prohibiting the carrying of a handgun do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission.
I would not put much confidence in anything from a rag like the Dallas Observer.
