My leaning has always been that you are only carrying under the authority of your CHL when you need such authority to avoid violating a law related to carrying a handgun.Skiprr wrote:TAM earns the award for best response of the day. He will be conducting a mini-clinic at the Texas CHL Forum Day on these very techniques. Don't miss it!
I agree with MoJo that this a slippery slope, one around which we've had some brief, previous discussion but--to my knowledge--no case-law examples. Those earlier, purely anecdotal conversations seemed to decide that if you have your license, you are carrying under the auspices of that license: that the MPA (PC §46.02) doesn't trump a CHL, a CHL trumps carrying under the MPA.MoJo wrote:Like concealed is concealed - - - 30.06 is 30.06 I'm not so sure about that... Charles?PetrucciFan wrote:FWIW, in my non-lawyer opinion, you can still keep a gun in your car in the private garage. You're not carrying under the authority of yoru CHL when it's in your car, so the 30.06 does not apply. That way you at least have a weapn on your drive to and from work and on your trips to "service companies". However, you CANNOT get out of your car with your gun while in the garage.
Stands to reason, though. By obtaining a CHL you are effectively entering into a contract with the State of Texas and agreeing to obey all laws that pertain to the license. You can't arbitrarily choose when to abide by or ignore a signed contract, and in the same way, only IMHO mind you, you can't claim carry under MPA if you have your CHL.
Now, what happens if you have a CHL but leave the plastic at home (I never do; it's always with me) and have a handgun in your glovebox when stopped by a LEO in Texas, I dunno. I think an argument could be made that MPA would be in effect in that situation, but it might also be argued by an anti-gun DA that you're carrying without your license and subject to GC §411.205.
IANAL and cannot even spell "criminal attorney."
The MPA is an additional exception to 46.02, just like carrying on your own premises (house). So if you are carrying under your CHL in your car and can be charged under 30.06, then you can be charged with 46.035 for open carrying in your house... and a peace officer with a CHL can be charged for open carrying while working...and a CHL can be charged for open carrying at the range, etc.