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by howdy
Tue Oct 07, 2014 9:23 am
Forum: General Texas CHL Discussion
Topic: Church carry
Replies: 26
Views: 6619

Re: Church carry

I too have had occasion to talk to LEO's about CHL law. This normally occurs when at a social type gathering or at Church. I too find that some have a limited understanding of CHL law. I respectfully talk about Texas statute 46.02 that states:

PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an
offense if the person intentionally, knowingly, or recklessly carries 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 or watercraft 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 or
watercraft 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 or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, “premises” includes real property and a
recreational vehicle that is being used as living quarters, regardless of whether
that use is temporary or permanent. In this subsection, “recreational vehicle”
means a motor vehicle primarily designed as temporary living quarters or a
vehicle that contains temporary living quarters and is designed to be towed by
a motor vehicle. The term includes a travel trailer, camping trailer, truck camper,
motor home, and horse trailer with living quarters.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat,
vessel, or personal watercraft, other than a seaplane on water, used or capable of
being used for transportation on water;
(b) Except as provided by Subsection (c), an offense under this section is a Class
A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is
committed on any premises licensed or issued a permit by this state for the sale
of alcoholic beverages.
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This law is all inclusive. It includes ALL person's in the State of Texas. I ask how they are allowed to carry a weapon with such a law. I then explain that you have to keep reading the statutes. 46.15 states:

PC §46.15. NON-APPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to
a person who:(1) peace officers or special investigators under Article 2.122, Code of Criminal
Procedure, and neither section prohibits a peace officer or special investigator......

Section 46.35 is the same way. One area says we can't carry in a Church then farther down in the section it clarifies when we can. They have to KEEP READING.

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