TexasCHLforum.com

C-dub wrote:

johnson0317 wrote:I don't think it has so much to do with whether or not you have a weapon in the vehicle, or whether or not you are operating under the MPA. I think it has more to do with them being able to ask for it. Doesn't the law say you have to produce it when asked for it? I may be a little gray in this area, and on my temples, mustache, beard, eyebrows, chest...well, let's just stop there.

RJ

It does and that is where I have a problem with a person that has a CHL claiming they are carrying under the MPA. It has happened to me before where I have left the house and forgotten my wallet, but remembered my gun. I usually only get a block or two away before making the discovery and return to get the wallet with my licenses. I can't see it going very well if I were stopped and were unable to produce a CHL license and try claiming I was carrying under the MPA. Maybe I'm wrong, but I just don't see that going well for me.

You seem to be unable to divorce the concept of being required to display your license and carrying under it's authority. Multiple people now have said that they are different things, including Charles (in a post YOU'VE quoted), srothstein, and myself. You said it was possible to convince you, but it'd be hard. I don't know what else can be done beyond what we've already done. I guess you'll just have to act as you see fit, obey 30.06 parking lot signs, etc.

By the way, I seem to remember a post on this forum from somebody who got pulled over and then discovered he'd forgotten his CHL license. He explained the situation to the officer. The reaction was:
PICK ONE:
A) The officer freaked, called a swat team, the swat team performed a felony takedown resulting in the individual winding up spread-eagled on the pavement with multiple automatic "assault" rifles aimed point-blank at his head.

OR

B) The officer shrugged, and continued with the traffic stop unfazed.

Which do you think it was?

C-dub wrote:Hmmm. I can be convinced, but it won't be easy. It doesn't make any sense to me that if one has a CHL that they could choose to carry under any other authority other than that CHL because we do have to display our license when asked for ID by a Texas LEO.

Ok, but it also doesnt make sense that we would LOSE rights/privileges by getting a license. Not that EITHER of us will get far arguing legal "logic". I believe that it was an oversight that the law requires the display of the license when carrying regardless of whether it's being used. Of course when that law was passed the only legal way to carry was with a CHL. So back then there was no distinction. Only when MPA was passed did it matter.

And it's not really a matter of "choosing" how we carry. 46.15(b)(6) says that 46.02 doEs not apply to CHL holders. But it already doesn't apply if you meet the 46.02(a-1) (MPA) section. So, since the CHL exception isn't needed, you're not carrying under it.

Easy-peazy!

C-dub wrote: I would invite you and 3dfxMM to re-read the following thread.
viewtopic.php?f=7&t=46515" onclick="window.open(this.href);return false;

It contains such gems as this.

Charles L. Cotton wrote:You're not argumentative at all. At first blush, what I posted appears to conflict with Tex. Gov't Code §411.205, but there is no conflict. In order for Tex. Penal Code §30.06 to apply to a person, they must be carrying a handgun under the authority of their CHL. However, Gov't Code §411.205 imposes a duty to display a license on every armed CHL, regardless whether they are carrying under the authority of their licenses. Therefore, it would apply in our cars, homes, sporting events, etc.

Chas.

I added the red color to the important part.

Absolutely no argument with that. Yes, if you're carrying in your car, you must produce your CHL if asked. But that does NOT mean you are carrying under it's authority. Read the red part again -- especially the "regardless whether they are carrying under the authority..." part.

C-dub wrote:It does, but if one has a CHL and they have a handgun with them off of their own property or home they are always carrying under the authority of that CHL. We cannot claim to be carrying in our vehicles under the MPA whenever it suits us.

That is your opinion. As srothstein stated, the CHL is an exception to the law. If you're not breaking the law (which you're not in a car with a concealed gun), you don't need that exception, and therefore are not carrying under Subchapter H, Chapter 411.