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by apostate
Thu Sep 22, 2011 6:41 pm
Forum: General Texas CHL Discussion
Topic: Workplace Policy with New Law
Replies: 62
Views: 9395

Re: Workplace Policy with New Law

If you have a handgun on or about your person in the car, you're still required to display but there's no penalty if you don't. In that sense, it's similar to many laws that state a government employee (or agency) "shall" do something, but provide no penalty for noncompliance. A prime example would be several years ago when CHL applications were not processed by DPS in a timely fashion. ;-)
by apostate
Mon Sep 19, 2011 11:16 pm
Forum: General Texas CHL Discussion
Topic: Workplace Policy with New Law
Replies: 62
Views: 9395

Re: Workplace Policy with New Law

srothstein wrote:So, if a person with a CHL drives into a parking lot with a concealed pistol, he can ignore both the 30.06 and 30.05 signs that say no weapons are allowed. I will agree that this is a fine line to be walking and generally don't recommend relying on loopholes, but this is what a strict reading of the law says.
Perhaps. I submit we won't know until there's case law. The argument can be made that by asserting the defense to prosecution in 30.05, you're implicitly carrying under the authority of your CHL, because you don't get the defense to prosecution w/o the CHL.

Well, not you personally (if you're still a peace officer) but I suspect you get my point. ;-)
by apostate
Mon Sep 19, 2011 10:21 pm
Forum: General Texas CHL Discussion
Topic: Workplace Policy with New Law
Replies: 62
Views: 9395

Re: Workplace Policy with New Law

Vertigo73 wrote:My car is my property and an extension of my home.
Welcome to the discussion. I agree your car is your property, but that does not necessarily mean it's an extension of your home. For example, a handgun in my home need not be concealed but in Texas I am required to conceal in my car to stay legal.
by apostate
Mon Sep 19, 2011 5:59 pm
Forum: General Texas CHL Discussion
Topic: Workplace Policy with New Law
Replies: 62
Views: 9395

Re: Workplace Policy with New Law

Criminal Trespass (30.05) applies to property in general, not only to buildings. As an example, consider rural property - it can be posted (or notice given another way) even if there are no buildings on the land.

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