Driving around with my gun without a CHL. In plain English.

[kanders]

What I'd really like to hear are opinions of LEOs, since that's where the whole worm can gets opened. I'm not sure how many members are LEOs, but it would be really helpful to get some idea of real situations in which a traffic stop for traffic violations only revealed a non-CHL-holder, with an accessible weapon in the car, who met the 5 criteria, and who used common sense and properly informed the officer about the weapon.

It really disturbs me to think that the law can be interpreted by any LEO or prosecutor to mean something other than the verbage and intent of the applicable law. To me at least, the intent of the law is to allow citizens who meet the criteria to keep a concealed weapon on or about their person, as long as they are not violating any laws other than those dealing with traffic regulations. Hopefully, there are enough officers who understand the verbage and intent of the law to keep us away from any prosecutors in the first place.

[switch]

I am an elected prosecutor in Texas.

Comment 1: "Be aware some lefty prosecutors have said they will still file on a person who meets those requirements."

I am certainly not a "lefty" prosecutor. In fact, I don't even know any "lefty" prosecutors. Most of the prosecutors around here are "mad dogs." Prosecutors follow the law, and not the wishes of those who sit on the sidelines. In my opinion, someone without a CHL who goes around the block to the local 7-11 and carries his pistol with him in his car is clearly NOT traveling, under any stretch of the imagination, and will be dealth with as such in our jurisdiction.


Comment 3: "They said the same thing as Tx about the overzealous prosecutors along with Sheriffs, Deputys, Constables, etc., who have been instructed by these prosecutors to cite or arrest people for this."

Obviously a knee-jerk overreaction. Prosecutors are labeled overzealous if they do something you don't like. Prosecutors are fighting crime and putting away bad guys if the do something you DO like. The line between the two is very thin, sometimes. Most of the prosecutors I have met are decent, honest, underpaid, and hard working. None of us are perfect.

What does the 'presumption' that you are traveling mean? The law says if I meet 5 rules, I am presumed to be traveling. How would you overcome the presumption?

I guess what we need is a law that any LEO (and his chief/sheriff), any prosecutor (and the DA) and any judge that arrest, prosecute or convict a citizen for UCW when he was traveling will be liable 100% for the citizens attorney fees and damages.