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by Charles L. Cotton
Sun Sep 19, 2010 11:45 am
Forum: LEO Contacts & Bloopers
Topic: pulled over, temporarily disarmed, was told I was lucky
Replies: 42
Views: 6407

Re: pulled over, temporarily disarmed, was told I was lucky

Valhalla1 wrote:
karl wrote:
TX Penal Code wrote:PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly car- ries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or (2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or (C) a member of a criminal street gang, as defined by Section
So wasn't the officer partially correct? Sure, the guy was mostly hot air but it seems to be partially grounded in truth. Thoughts?
thanks for the information, I supposed it'd be up to a court to interpret those laws but it seems the police over here have decided how they feel it reads and tailored their policies accordingly
No, the officer was totally wrong. CHL holders are exempt from TPC §46.02, including all sub-parts like (A-1).

Chas.
TPC §46.15(b)(6) wrote:(b) Section 46.02 does not apply to a person who:

. . .

(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;
by Charles L. Cotton
Sat Sep 18, 2010 9:49 am
Forum: LEO Contacts & Bloopers
Topic: pulled over, temporarily disarmed, was told I was lucky
Replies: 42
Views: 6407

Re: pulled over, temporarily disarmed, was told I was lucky

Valhalla1 wrote:they explained if someone is carrying while you are committing a crime of of class B or worse then they would would charged with carrying a firearm illegally, CHL or not. Is this incorrect information ?
No that is not correct. Perhaps the officer was thinking of the Motorist Protection Act (HB1815 - 2007) that established TPC §46.02 (A-1) that does not apply to a CHL holder.

Chas.

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