TexasCHLforum.com

Mike1951 wrote:I reread some of jhutto's earliest posts here and there was an issue with uncertainly about a charge from New York and its disposition. While it should have been discovered and dealt with during his CHL background, I wonder if it cropped up again and showed on his record.

If his CHL was suspended/revoked based on that NY incident, then he should have been notified. Plus if he'd been revoked, he wouldn't have a CHL, so the charge of 46.035 wouldn't apply.

It will help when we finally know what the actual charge is.

Okay, something just isn't right about this. We're obviously missing a vital piece of information, but jhutto seemed like he didn't have that info, either. He seems to have done the wise thing and shut up about this until his lawyer says he can speak. As much as I'd like to know the details, I hope he waits until it's legally feasible before releasing more information.

"Unlawful carrying of a handgun by license holder" is PC 46.035.
Short version:
- Intentionally fails to conceal
- Carries in/at:
-- 51% location
-- High school, collegiate, or professional sporting event
-- Correctional facility
-- Meeting of a government entity (if posted 30.06)
-- While intoxicated

That's it. That's the whole list, at least for "unlawful carry of a handgun (licensed)" (sic).

A DPS office meets none of definitions (even if they have a holding cell, it's not a "correctional facility"). If he was intentionally open carrying, he's out of luck. If the charge was based on intoxication, I think he'd also know (there would have to be some kind of field sobriety test or evaluation).

So...