So then by the letter of the law....Through the posting of a 30.06 and through enforcement of TPC 46.0035 a CHL holder can not legally even bring a handgun to a gun show? I have read through the statues and can not find any defenses to either of these statutes. There is a defense if you have a handgun at a gun show and NO CHL..
Section 46.02 (unlawfully carrying a weapon) does not apply to a person who:
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity;
(if a gunshow could be considered a "sporting activity")
Does anyone else see this as the case?
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Return to “Are we actually still in violation of 30.06 at gun shows?”
- Thu Dec 23, 2010 11:14 am
- Forum: General Texas CHL Discussion
- Topic: Are we actually still in violation of 30.06 at gun shows?
- Replies: 32
- Views: 5518
- Thu Dec 23, 2010 10:04 am
- Forum: General Texas CHL Discussion
- Topic: Are we actually still in violation of 30.06 at gun shows?
- Replies: 32
- Views: 5518
Are we actually still in violation of 30.06 at gun shows?
Ok..Heres the question:
We all know the wording on a 30.06 waning:
"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."
You check your firearm at the door, get your zip tie, and then place your weapon back in the box, backpack etc... (at which time it becomes concealed) and walk in....Are you in violation of 30.06? I would say...if you go by the letter of the law...YES.
If this is the caes...(which I think it is (IANAL)...But my wife is
) is this something we could use to convince gunshow promoters to not post 30.06 at shows? They are alienating the scores of CHL holders in this state.
We all know the wording on a 30.06 waning:
"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."
You check your firearm at the door, get your zip tie, and then place your weapon back in the box, backpack etc... (at which time it becomes concealed) and walk in....Are you in violation of 30.06? I would say...if you go by the letter of the law...YES.
If this is the caes...(which I think it is (IANAL)...But my wife is
) is this something we could use to convince gunshow promoters to not post 30.06 at shows? They are alienating the scores of CHL holders in this state.