Search found 2 matches

by dolanp
Tue Aug 30, 2005 1:08 pm
Forum: General Texas CHL Discussion
Topic: Carry in vehicle?
Replies: 25
Views: 5945

Yeah that's the problem. It's very easy to lose rights in the heat of emotion over some incident, but it's very very difficult to get them back because then you are fighting against 'the norm' and generally have to prove you have a need to get your rights back.
by dolanp
Tue Jun 21, 2005 10:14 am
Forum: General Texas CHL Discussion
Topic: Carry in vehicle?
Replies: 25
Views: 5945

Here's an interesting question. We've gone around about a CHL 'most likely' not excluding you from 46.02 (including 'illegal knives' and clubs) because the exception in the statute specifically mentions that you are carrying a gun of your category with valid CHL.

However, 'traveling' has always been a blanket exception to 46.02. Now that traveling is much more clearly defined this raises a new question: Does HB 823 allow you to carry 'illegal knives' and clubs in your car?

The text:
(i) For purposes of Subsection (b)(3), a person is presumed
to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other
than a Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;
(3) not otherwise prohibited by law from possessing a
firearm;
(4) not a member of a criminal street gang, as defined
by Section 71.01; and
(5) not carrying a handgun in plain view.
Subsections (3) and (5) do mention firearms/handguns, but neither one specifically requires that a firearm/handgun has to be the item carried to make 46.02 nonapplicable.


Thoughts?

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