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Sangiovese wrote:45.15 actually says that 46.02 does not apply, so it isn't really an exception. Since 46.02 doesn't apply (if you meet 46.15), the MPA provisions within it can't apply.

Either way, we've gotten into the weeds and we agree on the end result.

The real point I was trying to make is that if you forget your license you are very likely to be perfectly ok while in your car... but I wouldn't carry outside of my car if my license was at home.

Sangiovese wrote:

sjfcontrol wrote:
I seriously doubt that the "Motion Picture Association of America" would have much to say about authority to carry a handgun -- well, except maybe in a movie.

Some would argue (not me!) that you give up the right to carry under MPA when you get your CHL.

Ack, it looks like I gave out an extra A. I hope my professors are as generous!

As for a CHL not receiving the benefit of the MPA, I don't see anything at all to lead to that conclusion. Having a license gives you an exemption from 46.02 as long as you meet the requirements (carrying the license and a concealed handgun of the category licensed).

If for some reason you don't meet those requirements, then 46.02, in its entirety, would apply. Why would a portion of 46.02 (the basis for charging you) apply, but other portions of it (the exception for carrying in your vehicle) not apply?

I agree that the car carry portion of the MPA doesn't normally apply to CHLs (who are carrying a license and a concealed handgun) since it is a portion of 46.02 and 46.15 specifically says that 46.02 doesn't apply to them. But if, for any reason, 46.02 does apply (like you forget your license)... then the entire thing would apply, including the car carry exemption.

Sangiovese wrote:

gigag04 wrote:I'd be shocked if you got anything more than a lecture from most TX LEOs.

Just like a DL - if you forgot it, tell me, I will look you up, find your DL, and tell you to remember it next time.

Bonus points if you know your DL number, and I don't have to spell your first and last name over the radio and hope the distracted person on the other end catches it.

I think this is pretty much the extent of it.

Only thing to add is that if you forget your wallet, you need to remember that once you get to your destination, the pistola needs to stay in the car. The MPAA provides legal authority to be armed in your car without a license but that doesn't extend to roaming around in public.

Would a licensed person be charged with unlawful carrying under 46.02 if he was caught in public and had forgotten his CHL at home? Your guess is as good as mine... but 46.15 (which says that 46.02 does not apply to CHLs) does indicate that you have to be carrying the license, so I think that you certainly could be charged unless one of the other nonapplicability paragraphs fit.

CJD wrote:I just feel that if you are carrying IN YOUR VEHICLE, it shouldn't matter whether you have your license or not because you should be protected by MPA. That's my opinion anyway.

RoyGBiv wrote:

sjfcontrol wrote:

CJD wrote:I didn't know they removed the penalty for not showing your license. So you're no longer required to? And yeah I was hoping the MPA would save me if I were to get stopped, but I was worried nonetheless. I still thought you HAD to display it when stopped, so I thought I would be screwed.

The law still states you have to display the license when asked for ID by a peace officer, if you are carrying. However, as stated above, the penalty for not doing so has been removed.

Be careful here... I do not agree with the above underlined statement as it can be interpreted several ways.

IN MY OPINION...
The penalty for not VOLUNTEERING your CHL status and CHL when asked for ID went away. However, not being able to PRODUCE A VALID CHL when it is requested is another thing entirely. I do not know the law on the second scenario off hand, but the two are not the same things. I would think the second problem (I left my CHL at home) would be equivalent, at minimum, to "carrying concealed without a license", and would be handled at the discretion of the officer.

IMO, YMMV, IANAL, EIEIO

§ 411.205. DISPLAYING LICENSE; PENALTY. (a) If a
license holder is carrying a handgun on or about the license
holder's person when a magistrate or a peace officer demands that
the license holder display identification, the license holder shall
display both the license holder's driver's license or
identification certificate issued by the department and the license
holder's handgun license. A person who fails or refuses to display
the license and identification as required by this subsection is
subject to suspension of the person's license as provided by
Section 411.187.
(b) A person commits an offense if the person fails or
refuses to display the license and identification as required by
Subsection (a) after previously having had the person's license
suspended for a violation of that subsection. An offense under this
subsection is a Class B misdemeanor.

CJD wrote:I didn't know they removed the penalty for not showing your license. So you're no longer required to? And yeah I was hoping the MPA would save me if I were to get stopped, but I was worried nonetheless. I still thought you HAD to display it when stopped, so I thought I would be screwed.