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by Keith B
Thu Aug 11, 2011 8:20 am
Forum: General Texas CHL Discussion
Topic: Anyone ever arrested and charged for CHL where 30.06 posted?
Replies: 17
Views: 3366

Re: Anyone ever arrested and charged for CHL where 30.06 pos

GlockFan wrote:My first CHL instructor told our class ''if it looks like a bar..smells like a bar ..its more than likley it is a bar''
So if it wreaks of stale cigarette smoke, beer and vomit, don't go in. :biggrinjester:
by Keith B
Thu Aug 11, 2011 7:45 am
Forum: General Texas CHL Discussion
Topic: Anyone ever arrested and charged for CHL where 30.06 posted?
Replies: 17
Views: 3366

Re: Anyone ever arrested and charged for CHL where 30.06 pos

KingofChaos wrote:
Zoti wrote:So we talk a lot about the "What if.." and the legality of the signs but lets see some actual cases where someone was carrying where 30.06 was correctly or incorrectly posted and the person got arrested, charged, chased off the premises etc.
I'm most interested in what happens if you're stopped at a location that isn't correctly posted. Does anyone know exactly whats happens if you're made at a businesses with red 51% signs posted when it should be blue, or a non-compliant gun-buster sign? I guess a better question might be why you got made in the first place, but that's another discussion.
Two scenarios:

Location is legit 51% and doesn't have sign then you have a defense to prosecution due to new statues passed in 2009.

Posted 51% but really not a 51% location, then you could be arrested, but there would be no charge the prosecutor could level. However, I would caution going into a posted 51% location even if you know it is incorrectly posted as you might have some 'splainin' to do until the confusion on the sign is figured out. Best to call TABC and let them know about the sign so they will get the business to post it correctly.
by Keith B
Wed Aug 10, 2011 10:30 am
Forum: General Texas CHL Discussion
Topic: Anyone ever arrested and charged for CHL where 30.06 posted?
Replies: 17
Views: 3366

Re: Anyone ever arrested and charged for CHL where 30.06 pos

PracticalTactical wrote:http://www.txdps.state.tx.us/administra ... vrates.htm
From the 2009 conviction rates posted by Texas DPS:

Crime Texas Total By CHL Holder Percentage
----------------------------------------------------------------------------------------------------------------------
UNL CARRY HANDGUN LIC HOLDER 16 5 31.2500%
UNL CARRY HANDGUN LIC HOLDER ALCH PREM/CORR 2 0 0.0000%
UNL CARRY WEAPON/WEAPONS FREE ZONE 7 0 0.0000%
UNL CARRYING WEAPON 2,523 9 0.3567%
UNL CARRYING WEAPON ON ALCOHOL PREMISES 75 1 1.3333%


Says there that there were 5 CHL holders convicted of unlawful carry by license holder, 9 convicted of unlawful carrying of weapon and 1 convicted of unlawful carrying on alcohol premises.

What I'm wondering is whether 'unlawful carry of handgun by license holder' is PC §46.035, but that should be impossible for a non license holder to do, unless they don't count out of state licensees in the total. I'm guessing 'unl carrying weapon' is 46.02.

I'm not sure if 30.06 violations are part of 'unl carry handgun lic holder' or not.
My suspicion is these are convictions under PC 46.035 Unlawful Carrying of a Handgun by License Holder, for being intoxicated while carrying by a license holder (i.e. DWI or Public Intoxication)

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