TexasCHLforum.com

Russell wrote:

(d) If the issue of the existence of a defense is submitted
to the jury, the court shall charge that a reasonable doubt on the
issue requires that the defendant be acquitted.

"If the issue of the existence of a defense..." Can someone please re-word that in simpler terms? I don't understand what that section is saying

As I understand this section, you can be charged and brought to trial, and if your lawyer proves beyond a reasonable doubt that you meet the elements of the defense you will be acquitted.

Which means he must prove that the only reason you were in violation of 30.05 was due to the possession of the gun, and that at the time of the alleged infraction you were carrying said cun under the authority of your CHL.

It would be much better if this were an affirmative defense. You would then only need to prove beyond a preponderance of the evidence. As it was once explained to me beyond a reasonable doubt = 90-95% sure, upon a proponderance of the evidence = more than 50% sure.

Russell wrote: Now, please correct me if I am wrong, but I seem to think that "defense to prosecution" and "positive defense to prosecution" are two different things, the former meaning that you can still be prosecuted, just the defense side can bring up that section to the grand jury to try to get the case dropped. Is that correct?

If that is correct, what exactly is the point of 30.06 signs if a 30.05 sign can still land you in the same boiling pot of water, it just might take a bit longer?

30.05 and 30.06 are different animals. 30.06 is applicable only to CHL holders. The defense to prosecution basically renders 30.05 toothless if the sole reason for exclusion is the CHL issue.

as far as defense to prosecution and Affirmative Defense to prosecution goes look Here http://tlo2.tlc.state.tx.us/statutes/do ... tm#2.03.00
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