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by Liko81
Mon Dec 31, 2007 10:42 am
Forum: New to CHL?
Topic: Carry or not carry Sept. 1st while waiting for CHL
Replies: 51
Views: 9670

Re: Carry or not carry Sept. 1st while waiting for CHL

From the Observer article:
In other words, if you're caught carrying a concealed pistol on the street and don't have a permit, tell the cop you're walking between your car and your home, either getting ready to travel somewhere or coming home. The burden now falls on the police officer to prove you are not really "traveling," which Dallas District Attorney Craig Watkins says is virtually impossible.
????? :headscratch :roll:

Officer: Is that a gun I see in your waistband?
Gun Owner: It is.
Officer: Do you have a permit?
Gun Owner: I do not, but I'm travelling in accordance with 46.02.
Officer: You're not in your car. Where is it?
*Gun owner points behind him*
Officer: And where's your home?
Gun owner: About 10 miles from here.
*Officer cuffs gun owner and confiscates weapon*

If we want to talk about the "spirit" of any law, you can be sure the Legislature did not intend to allow personal concealed carry without a permit while walking around. The Legislature intended for a lawful gun owner to be able to transport a firearm, and for police not to intimidate or arrest lawful gun owners if they left the gun in their trunk or their GC when they stopped by the grocery store afterward, or if they forgot/didn't bother to take the gun out when they got home and subsequently went to work.

I'm not sure if the Legistalure intended the interpretation of the law that has resulted from its combination with Castle Doctrine (or just S46.02; it's very clear that the charge cannot apply to someone concealing in their car regardless of intent), but there's no doubt it's very logical to infer that with these 2007 laws the State is giving us the ability to carry concealed in a vehicle (our property) without a permit for the purposes of self-defense.

Now, none of this matters if a cop decides you're going to jail. If you're following the law and a cop decides to bust you, there's very little you can do at the moment. Everything that happens from then on is money in your pocket from a civil suit.

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