So... Now that you've defined "defense to prosecution", define "affirmative defense".The Annoyed Man wrote:In a nutshell, it means something along of the lines of: if you meet the qualifications for a defense to prosecution, you can still be prosecuted, but you will have an affirmative defense which can get you acquitted.
So there are lots of examples throughout CHL law of defenses to prosecution. Examples woud be:
Stuff like that there.
- Carrying a concealed handgun is still illegal in Texas. However, if you have a CHL, you have an affirmative defense to prosecution for otherwise breaking the law forbidding concealed carry.
- It is illegal for you to trespass when you are carrying onto property where guns are not allowed by the property owner, but until you have received proper notice, you have an affirmative defense to prosecution, so lon as you leave upon having received said notice. And oh, by the way, proper notice looks like a 30.06 sign.
- It is still illegal for you to carry into a 51% establishment, but if the 51% sign is not prominently posted and you did not see it, then you have an affirmative defense to prosecution so long as you leave upon receiving notice.
