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ScottDLS wrote: ↑Thu Aug 02, 2018 4:37 pm

Keith B wrote: ↑Mon May 20, 2013 9:35 pm

bizarrenormality wrote:You could but what's the benefit to getting rid of a defense to prosecution?

Because it is only a defense to prosecution, not an exception. You can still be charged and taken to court and then you will have to prove you didn't know it wasn't a 51% location. Better to know it is with a 51% sign and then not carry or maybe not even go there.

As are all the 46.15 non-applicability provisions like: Having LTC, being a LEO, engaged in sporting activity, traveling, etc. All of these are defenses to prosecution rather than exceptions. Defenses, exceptions, not being illegal, etc. are all just different shades of the "burden of proof" under the penal code. My contention is that it is incorrect to say that "something is illegal, but you have a defense or an exception". It's more that the prosecution has a different level of effort to prove you are guilty of something for which you have a Defense, Affirmative Defense or Exception. The act itself wasn't illegal if you had the Defense at the time you committed it.

And if you are prosecuted for something for which you had a Defense, the PROSECUTION must refute your Defense BEYOND A REASONABLE DOUBT as long as you bring it up. I'm still waiting for some LEO to be the test case for carrying "while being a cop"...which is only a Defense.

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.2.htm

RossA wrote:It's not my duty to post signs for businesses, or to do homework to figure out if a business should be posting. I don't see a sign, I carry.

bizarrenormality wrote:You could but what's the benefit to getting rid of a defense to prosecution?