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by LabRat
Fri Oct 03, 2014 6:28 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: What do you think of this tweak to the law?
Replies: 9
Views: 1997

Re: What do you think of this tweak to the law?

Keith B wrote:
I think if you read it a little more closely, you will see that as a matter of grammar, it applies if you are carrying two things (1) a "concealed" handgun and (2) a valid license issued under... I think if is quite explicit that you have to be carrying the license not that you simply "have" a license.


Penal Code 46.15(b)(6) "Section 46.02 [unlawful carrying of weapons] does not apply to a person who . . . is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun."

Yep, you must carry your license if you are carrying. However, unless you run into a cop who is really being a jerk, then they can tell you have a valid CHL if they run your DL number though the system. I would suspect a warning might be issued vs. a UCW charge.

It would not be a bad change to make it a Class C, but personally I think there are way more things with higher priority to worry about first this session, like removing prohibited places and full campus carry.
I see the grammar and the connector. The license is the outward symbol that I've met the requirements. Saying that I don't have a valid CHL issued because its not with me is like saying I didn't take the class, wasn't fingerprinted, wasn't background checked and that DPS didn't make the decision, based on that evidence, to construct a plastic card symbolizing all those elements.

While it is my intent to follow a law as best I can, in the grand scheme of things, if you're debating grammar with a police officer, whether you physically have a license on your person or not, will be irrelevant.

If police officers can twirl their interpretation of a law to meet a charge they want to apply (and have a DA back them up all the way to court); that is hardly any incentive for me to worry about grammar. If or when it comes to that, its likely I'll have much worse things to worry about.

LabRat
by LabRat
Fri Oct 03, 2014 12:12 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: What do you think of this tweak to the law?
Replies: 9
Views: 1997

Re: What do you think of this tweak to the law?

AlaskanInTexas wrote:..snip

Penal Code 46.15(b)(6) "Section 46.02 [unlawful carrying of weapons] does not apply to a person who . . . is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun."

As I read this provision, it requires the CHL holder to actually be carrying the plastic and makes no exception if it is innocently missing from his/her wallet.
I don't read it that way. The section (as quoted above) states that you must have a valid license "issued" under..."
Well, I have a valid CHL, and it is issued to me, regardless whether I have it with me or not. The section says nothing about "on or about your person" so some-such legalese...

just my $0.02.

I may be wrong, but that's the way I read it. But, we all know that the law really is up to interpretation - read the articles on the CHL who had his license removed by the Levelland police, even though the "Gun Busters" sign nowhere near met the verbiage in the statute.

LabRat

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