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45.15 actually says that 46.02 does not apply, so it isn't really an exception. Since 46.02 doesn't apply (if you meet 46.15), the MPA provisions within it can't apply.

Either way, we've gotten into the weeds and we agree on the end result.

The real point I was trying to make is that if you forget your license you are very likely to be perfectly ok while in your car... but I wouldn't carry outside of my car if my license was at home.

sjfcontrol wrote:
I seriously doubt that the "Motion Picture Association of America" would have much to say about authority to carry a handgun -- well, except maybe in a movie.

Some would argue (not me!) that you give up the right to carry under MPA when you get your CHL.

Ack, it looks like I gave out an extra A. I hope my professors are as generous!

As for a CHL not receiving the benefit of the MPA, I don't see anything at all to lead to that conclusion. Having a license gives you an exemption from 46.02 as long as you meet the requirements (carrying the license and a concealed handgun of the category licensed).

If for some reason you don't meet those requirements, then 46.02, in its entirety, would apply. Why would a portion of 46.02 (the basis for charging you) apply, but other portions of it (the exception for carrying in your vehicle) not apply?

I agree that the car carry portion of the MPA doesn't normally apply to CHLs (who are carrying a license and a concealed handgun) since it is a portion of 46.02 and 46.15 specifically says that 46.02 doesn't apply to them. But if, for any reason, 46.02 does apply (like you forget your license)... then the entire thing would apply, including the car carry exemption.

gigag04 wrote:I'd be shocked if you got anything more than a lecture from most TX LEOs.

Just like a DL - if you forgot it, tell me, I will look you up, find your DL, and tell you to remember it next time.

Bonus points if you know your DL number, and I don't have to spell your first and last name over the radio and hope the distracted person on the other end catches it.

I think this is pretty much the extent of it.

Only thing to add is that if you forget your wallet, you need to remember that once you get to your destination, the pistola needs to stay in the car. The MPAA provides legal authority to be armed in your car without a license but that doesn't extend to roaming around in public.

Would a licensed person be charged with unlawful carrying under 46.02 if he was caught in public and had forgotten his CHL at home? Your guess is as good as mine... but 46.15 (which says that 46.02 does not apply to CHLs) does indicate that you have to be carrying the license, so I think that you certainly could be charged unless one of the other nonapplicability paragraphs fit.