Bad plan: Carry under MPA, act as CHL, claim ignorance.

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Purplehood
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Re: Bad plan: Carry under MPA, act as CHL, claim ignorance.

#31

Post by Purplehood »

Beiruty wrote:If you claim MPA protection under the law and you leave the car then there is a way to get a pass. I do not want to spell the beans, get a CHL at least you would learn the laws of use deadly force. Just hope you get a good CHL instructor.

LEO can arrest anyone who has no CHL on-file and does carry in the public, period.
How does one know that they have a "good CHL instructor", beforehand?
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Re: Bad plan: Carry under MPA, act as CHL, claim ignorance.

#32

Post by recaffeination »

Beiruty wrote:LEO can arrest anyone who has no CHL on-file and does carry in the public, period.
There's nothing in the law about "on-file" period. If someone is not CARRYING their license then it doesn't count. But don't take my word for it. Read 46.15 for yourself.
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Beiruty
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Re: Bad plan: Carry under MPA, act as CHL, claim ignorance.

#33

Post by Beiruty »

recaffeination wrote:
Beiruty wrote:LEO can arrest anyone who has no CHL on-file and does carry in the public, period.
There's nothing in the law about "on-file" period. If someone is not CARRYING their license then it doesn't count. But don't take my word for it. Read 46.15 for yourself.
Yep. but now there is no penalty for not showing your CHL. What is your punishment if you forget it home or lost it?
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apostate
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Re: Bad plan: Carry under MPA, act as CHL, claim ignorance.

#34

Post by apostate »

Beiruty wrote:
recaffeination wrote:
Beiruty wrote:LEO can arrest anyone who has no CHL on-file and does carry in the public, period.
There's nothing in the law about "on-file" period. If someone is not CARRYING their license then it doesn't count. But don't take my word for it. Read 46.15 for yourself.
Yep. but now there is no penalty for not showing your CHL. What is your punishment if you forget it home or lost it?
If you don't carry a handgun, or only carry when and where unlicensed people may, there's no penalty. However, generally speaking, if you carry a handgun without carrying a license, you're technically committing a Class A misdemeanor. (Upgraded to a a felony of the third degree in many restaurants, supermarkets and convenience stores.)

Here's your punishment:
12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement.

12.34. THIRD DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

speedsix
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Re: Bad plan: Carry under MPA, act as CHL, claim ignorance.

#35

Post by speedsix »

...some officers would be lenient and just warn you to be more careful about having it with you...but they could charge you, even though the computer showed them you have a CHL...I'd never trust their good will...those "unlicensed" signs where they sell beer could take a huge chunk out of the old kiester!!!
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MasterOfNone
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Re: Bad plan: Carry under MPA, act as CHL, claim ignorance.

#36

Post by MasterOfNone »

apostate wrote:
Beiruty wrote:
recaffeination wrote:
Beiruty wrote:LEO can arrest anyone who has no CHL on-file and does carry in the public, period.
There's nothing in the law about "on-file" period. If someone is not CARRYING their license then it doesn't count. But don't take my word for it. Read 46.15 for yourself.
Yep. but now there is no penalty for not showing your CHL. What is your punishment if you forget it home or lost it?
If you don't carry a handgun, or only carry when and where unlicensed people may, there's no penalty. However, generally speaking, if you carry a handgun without carrying a license, you're technically committing a Class A misdemeanor. (Upgraded to a a felony of the third degree in many restaurants, supermarkets and convenience stores.)

Here's your punishment:
12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement.

12.34. THIRD DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.
Specifically, 46.15(b) says that 46.02 does not apply to a person who "is carrying a concealed handgun and a valid license". So if you are not carrying your license, 46.02 DOES apply to you.
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Tom Gresham
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Re: Bad plan: Carry under MPA, act as CHL, claim ignorance.

#37

Post by Tom Gresham »

Howdy.

I got a head's up on the discussion here, and thought I'd offer an easy link to the archives of the radio show.

" onclick="window.open(this.href);return false; will get you there.

I don't pretend to know the ins and outs of the gun laws of all the states, but with the help of gun people around the country, we eventually sort it out.
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Keith B
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Re: Bad plan: Carry under MPA, act as CHL, claim ignorance.

#38

Post by Keith B »

Tom Gresham wrote:Howdy.

I got a head's up on the discussion here, and thought I'd offer an easy link to the archives of the radio show.

" onclick="window.open(this.href);return false; will get you there.

I don't pretend to know the ins and outs of the gun laws of all the states, but with the help of gun people around the country, we eventually sort it out.
Welcome to the forum Tom. Wonderful to have you here! And thanks for your great radio show! :thumbs2:
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Tom Gresham
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Re: Bad plan: Carry under MPA, act as CHL, claim ignorance.

#39

Post by Tom Gresham »

Thanks, Keith.

We have a strong lineup today.

Four different guests. We'll talk about a new study on handgun stopping power, have a gold-medal Olympic shooter talking about her bid to set a record this summer by getting medals in five consecutive Olympic games, Jason Davis will talk about the latest successful lawsuit filed by the Calguns Foundation, and Dave Workman will destroy the myth that "Obama hasn't signed any anti-gun legislation, so why do you guys keep talking about him and guns?"

If you don't get the show locally, you can listen on XM channel 165 at 1:06pm Central, or pick it up online through a number of stations which stream the show. Here's the list of stations.

http://guntalk.com/site38.php" onclick="window.open(this.href);return false;

Oh, we're also giving away a Liberty Safe gun safe.
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carlson1
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Re: Bad plan: Carry under MPA, act as CHL, claim ignorance.

#40

Post by carlson1 »

Keith wrote:
Welcome to the forum Tom. Wonderful to have you here! And thanks for your great radio show! :thumbs2:
:iagree: I have been listening since the 90's. The show is the reason I bought my first Kimber 1911.
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johnson0317
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Re: Bad plan: Carry under MPA, act as CHL, claim ignorance.

#41

Post by johnson0317 »

Tom Gresham wrote: Oh, we're also giving away a Liberty Safe gun safe.
Registered for that baby as soon as he announced it!
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