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by apostate
Wed May 16, 2012 9:52 pm
Forum: General Texas CHL Discussion
Topic: Bad plan: Carry under MPA, act as CHL, claim ignorance.
Replies: 40
Views: 4777

Re: Bad plan: Carry under MPA, act as CHL, claim ignorance.

Beiruty wrote:
recaffeination wrote:
Beiruty wrote:LEO can arrest anyone who has no CHL on-file and does carry in the public, period.
There's nothing in the law about "on-file" period. If someone is not CARRYING their license then it doesn't count. But don't take my word for it. Read 46.15 for yourself.
Yep. but now there is no penalty for not showing your CHL. What is your punishment if you forget it home or lost it?
If you don't carry a handgun, or only carry when and where unlicensed people may, there's no penalty. However, generally speaking, if you carry a handgun without carrying a license, you're technically committing a Class A misdemeanor. (Upgraded to a a felony of the third degree in many restaurants, supermarkets and convenience stores.)

Here's your punishment:
12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement.

12.34. THIRD DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

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