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by hirundo82
Sun Nov 14, 2010 10:26 am
Forum: General Texas CHL Discussion
Topic: Found Illegally Carrying
Replies: 20
Views: 3930

Re: Found Illegally Carrying

Beiruty wrote:My understanding if justified in defending yourself or others, those violations are overlooked.

e.g. engaging an active shooter in a school building after you were waiting outside to pick up your daughter.
Some states have exceptions like that enshrined into law, but as far as I am aware Texas is not one of them. In Tennessee, IIIRC, you cannot be charged for carrying illegally if you use a firearm to stop a crime.

Of course, what is against the law and what charges actually get filed are completely different. In the hypothetical you cite it would be political suicide for a prosecutor to charge a CHL holder who (illegally) entered a school building to stop a school shooter, and if the prosecutor did charge the CHL I would expect the jury to use their right of jury nullification.
droshi wrote:I think this above quote is a good idea, however it just doesn't make sense that carrying without a CHL is a less serious violation than carrying on a school. To me it makes more sense to have no restrictions for CHL holders, but allow basic citizens to carry in restricted areas without a license. But I understand the world doesn't work like that!
Remember, for many years (well over a century) there was no way in Texas for a law-abiding citizen to go about his daily business armed legally. Many of those people chose to go armed anyway and my understanding is that is where the two-tiered system for charges of UCW came from. If you weren't in one of the restriced areas but merely in public, you could only be charged with a misdemeanor (and in reality most police knew that many members of the public were carrying and didn't care). If you were in one of the restricted areas it was a more serious charge (ie a felony).
by hirundo82
Sat Nov 13, 2010 4:34 am
Forum: General Texas CHL Discussion
Topic: Found Illegally Carrying
Replies: 20
Views: 3930

Re: Found Illegally Carrying

Droshi wrote:Somewhat related to a conversation with a friend...it got me to wonder exactly what the penalties for illegally carrying a weapon are? In other words, what is the charge for having to use your firearm to defend your life, but you were:

(1) in violation of a 30.06 sign
(2) in violation of a 51% rule/sign
(3) on an illegal premises (school, govt building...etc)
(4) without a CHL

I'm just guessing that they increase in severity as you go down...but his idea was that it would always be worth any lawyer money or jail time if you actually had to use your gun to save your life or that of another innocent person. I'm sure actual sentencing is different on a case by case basis, but I imagine each of these have some sort of classification.

Apologies if this is common knowledge or a dumb question... hoping someone will humor the hypothetical.
Each section of the penal code that lists unlawful acts also specifies the class of the crime.

(1) in violation of a 30.06 sign:
Class A misdemeanor
Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN.
(d) An offense under this section is a Class A misdemeanor.
(2) in violation of a 51% rule/sign AND (3) on an illegal premises (school, govt building...etc):

These two are kind of related, and the answer varies. Carrying places prohibited under §46.03 (school, court, etc.) is a 3rd degree felony, while violations of§46.035 (eg carrying at a professional sporting event) are generally Class A misdemeanors, except for carrying in a 51% establishment or a correctional facility which are 3rd degree felonies.

(4) without a CHL:

Violations of §46.02, such as carrying without a CHL, are Class A misdemeanors unless you are carrying illegally somewhere that sells alcohol (this includes most restaurants, grocery stores, convenience stores, etc) in which case it is a 3rd degree felony.

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