What does the 'presumption' that you are traveling mean? The law says if I meet 5 rules, I am presumed to be traveling. How would you overcome the presumption?hmb wrote: I am an elected prosecutor in Texas.
Comment 1: "Be aware some lefty prosecutors have said they will still file on a person who meets those requirements."
I am certainly not a "lefty" prosecutor. In fact, I don't even know any "lefty" prosecutors. Most of the prosecutors around here are "mad dogs." Prosecutors follow the law, and not the wishes of those who sit on the sidelines. In my opinion, someone without a CHL who goes around the block to the local 7-11 and carries his pistol with him in his car is clearly NOT traveling, under any stretch of the imagination, and will be dealth with as such in our jurisdiction.
Comment 3: "They said the same thing as Tx about the overzealous prosecutors along with Sheriffs, Deputys, Constables, etc., who have been instructed by these prosecutors to cite or arrest people for this."
Obviously a knee-jerk overreaction. Prosecutors are labeled overzealous if they do something you don't like. Prosecutors are fighting crime and putting away bad guys if the do something you DO like. The line between the two is very thin, sometimes. Most of the prosecutors I have met are decent, honest, underpaid, and hard working. None of us are perfect.
I guess what we need is a law that any LEO (and his chief/sheriff), any prosecutor (and the DA) and any judge that arrest, prosecute or convict a citizen for UCW when he was traveling will be liable 100% for the citizens attorney fees and damages.