Anyone ever arrested and charged for CHL where 30.06 posted?

[Zoti]

So we talk a lot about the "What if.." and the legality of the signs but lets see some actual cases where someone was carrying where 30.06 was correctly or incorrectly posted and the person got arrested, charged, chased off the premises etc.

[snatchel]

Was talking to my buddy who is an Arlington PD officer, and they arrested a guy in a strip club a couple months ago when one of the strippers felt a gun during a lap dance. She alerted security who called the cops. Cops arrived and the man presented his CHL. Apparently he was too wasted to realize he was in a 51% posted club so off to jail he went.

[speedsix]

...she knew he wasn't THAT glad to see her...

[wgoforth]

I would think that would be one of those things that you would be more likely to have added to your charges were you arrested for something else....THEN they find it on you.

[PracticalTactical]

http://www.txdps.state.tx.us/administra ... vrates.htm" onclick="window.open(this.href);return false;
From the 2009 conviction rates posted by Texas DPS:

Crime Texas Total By CHL Holder Percentage
----------------------------------------------------------------------------------------------------------------------
UNL CARRY HANDGUN LIC HOLDER 16 5 31.2500%
UNL CARRY HANDGUN LIC HOLDER ALCH PREM/CORR 2 0 0.0000%
UNL CARRY WEAPON/WEAPONS FREE ZONE 7 0 0.0000%
UNL CARRYING WEAPON 2,523 9 0.3567%
UNL CARRYING WEAPON ON ALCOHOL PREMISES 75 1 1.3333%


Says there that there were 5 CHL holders convicted of unlawful carry by license holder, 9 convicted of unlawful carrying of weapon and 1 convicted of unlawful carrying on alcohol premises.

What I'm wondering is whether 'unlawful carry of handgun by license holder' is PC §46.035, but that should be impossible for a non license holder to do, unless they don't count out of state licensees in the total. I'm guessing 'unl carrying weapon' is 46.02.

I'm not sure if 30.06 violations are part of 'unl carry handgun lic holder' or not.

[Keith B]

http://www.txdps.state.tx.us/administra ... vrates.htm
From the 2009 conviction rates posted by Texas DPS:

Crime Texas Total By CHL Holder Percentage
----------------------------------------------------------------------------------------------------------------------
UNL CARRY HANDGUN LIC HOLDER 16 5 31.2500%
UNL CARRY HANDGUN LIC HOLDER ALCH PREM/CORR 2 0 0.0000%
UNL CARRY WEAPON/WEAPONS FREE ZONE 7 0 0.0000%
UNL CARRYING WEAPON 2,523 9 0.3567%
UNL CARRYING WEAPON ON ALCOHOL PREMISES 75 1 1.3333%


Says there that there were 5 CHL holders convicted of unlawful carry by license holder, 9 convicted of unlawful carrying of weapon and 1 convicted of unlawful carrying on alcohol premises.

What I'm wondering is whether 'unlawful carry of handgun by license holder' is PC §46.035, but that should be impossible for a non license holder to do, unless they don't count out of state licensees in the total. I'm guessing 'unl carrying weapon' is 46.02.

I'm not sure if 30.06 violations are part of 'unl carry handgun lic holder' or not.

My suspicion is these are convictions under PC 46.035 Unlawful Carrying of a Handgun by License Holder, for being intoxicated while carrying by a license holder (i.e. DWI or Public Intoxication)

[KingofChaos]

So we talk a lot about the "What if.." and the legality of the signs but lets see some actual cases where someone was carrying where 30.06 was correctly or incorrectly posted and the person got arrested, charged, chased off the premises etc.

I'm most interested in what happens if you're stopped at a location that isn't correctly posted. Does anyone know exactly whats happens if you're made at a businesses with red 51% signs posted when it should be blue, or a non-compliant gun-buster sign? I guess a better question might be why you got made in the first place, but that's another discussion.

[Weg]

If I chose to walk pass a valid 30.06 sign, or into a 51% location, and someone noticed I was carrying that was not a LEO, I would apologize , play dumb , and leave. If it was a LEO who caught and confronted me, I would just get what I deserve I guess. That being said, I can say honestly I have never intentionally walked past either.

[Keith B]

So we talk a lot about the "What if.." and the legality of the signs but lets see some actual cases where someone was carrying where 30.06 was correctly or incorrectly posted and the person got arrested, charged, chased off the premises etc.

I'm most interested in what happens if you're stopped at a location that isn't correctly posted. Does anyone know exactly whats happens if you're made at a businesses with red 51% signs posted when it should be blue, or a non-compliant gun-buster sign? I guess a better question might be why you got made in the first place, but that's another discussion.

Two scenarios:

Location is legit 51% and doesn't have sign then you have a defense to prosecution due to new statues passed in 2009.

Posted 51% but really not a 51% location, then you could be arrested, but there would be no charge the prosecutor could level. However, I would caution going into a posted 51% location even if you know it is incorrectly posted as you might have some 'splainin' to do until the confusion on the sign is figured out. Best to call TABC and let them know about the sign so they will get the business to post it correctly.

[GlockFan]

My first CHL instructor told our class ''if it looks like a bar..smells like a bar ..its more than likley it is a bar''

[Keith B]

My first CHL instructor told our class ''if it looks like a bar..smells like a bar ..its more than likley it is a bar''

So if it wreaks of stale cigarette smoke, beer and vomit, don't go in.

[sjfcontrol]

My first CHL instructor told our class ''if it looks like a bar..smells like a bar ..its more than likley it is a bar''

So if it wreaks of stale cigarette smoke, beer and vomit, don't go in.

Sounds like a right homey place!

[papajohn1964]

My first CHL instructor told our class ''if it looks like a bar..smells like a bar ..its more than likley it is a bar''

So if it wreaks of stale cigarette smoke, beer and vomit, don't go in.

OH NO! You take it and lock it in your truck, go back in and have fun! Just remember to call a Taxi to get home.

[ddstuder]

My first CHL instructor told our class ''if it looks like a bar..smells like a bar ..its more than likley it is a bar''

So if it wreaks of stale cigarette smoke, beer and vomit, don't go in.

Except that the commies are making it illegal to smoke in the bars, so it is mostly stale beer and vomit!

[KingofChaos]

Two scenarios:

Location is legit 51% and doesn't have sign then you have a defense to prosecution due to new statues passed in 2009.

Posted 51% but really not a 51% location, then you could be arrested, but there would be no charge the prosecutor could level. However, I would caution going into a posted 51% location even if you know it is incorrectly posted as you might have some 'splainin' to do until the confusion on the sign is figured out. Best to call TABC and let them know about the sign so they will get the business to post it correctly.

Thanks a lot for the advice.