That is an interesting concept and one that I hadn't thought about in the least. As I've stated elsewhere, I'm just an aircraft mechanic, so I miss a lot of the subtleties of the law. Aircraft rules and regulations are somewhat more cut and dried. Maybe the concept you described will negate some of the scenarios I described in my earlier reply on this post. That said, I still think that it all could be worded a bit clearer for the typical citizen to understand.srothstein wrote: ↑Tue Jun 08, 2021 10:03 pmThis is a relatively simple question to answer when the only authority you have is your LTC or the new law. It is not you defining between the two possible authorities, it is the law. The law (P.C. 46.15(b)(6) says that you are carrying under your LTC when you would otherwise be violating section 46.02. It does this by saying 46.02 does not apply when you have the license and are carrying a handgun on or about your person. If you behavior would not violate 46.02, then you are not carrying under the authority of your LTC. If you have some other authority under 46.15(b), such as traveling or hunting, it might be a little more confusing but they don't give you any more authority than the LTC so it isn't too hard.AggieMM wrote: ↑Tue Jun 08, 2021 2:52 pmAs an LTC holder, will I be able to define when and I carrying on the authority of the license, and when I'm carrying on the authority of constitutional carry? How to I define that, by being in possession of the license or not? Like leaving it in the car when I see a 30.06 sign, etc?
The question only really becomes confusing when you have two more authorities besides the law itself. For example, if you are a retired peace officer that also has an LTC, then which you are carrying under becomes more confusing. One of the reasons I got my LTC was to cover the one weird circumstance where my retired LEO certification would not apply. If I had gone into a business that had a 30.05 sign, it would have applied to me because the exception in that law only applies to active officers. But it also doesn't apply to LTCs, so if that ever happens, I am carrying under the authority of my LTC. Everywhere else, the law doesn't apply because I am carrying under the authority of my retired LEO ID.
My basic logic is that if I am not violating the law, then I am carrying under the authority of the law. If my actions would violate a law, and I have multiple authorities that apply, then it doesn't matter which I claim because I am covered. And if I am violating a law but one of my multiple authorities would cover it and make me legal, then I am carrying under that authority. None of the authorities int he law say they are exclusive of other authorities, so I can cite whichever applies at the time as I need it.
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Return to “Constitutional Carry Guide”
- Wed Jun 09, 2021 5:05 am
- Forum: General Texas CHL Discussion
- Topic: Constitutional Carry Guide
- Replies: 24
- Views: 16875
Re: Constitutional Carry Guide
- Tue Jun 08, 2021 9:08 pm
- Forum: General Texas CHL Discussion
- Topic: Constitutional Carry Guide
- Replies: 24
- Views: 16875
Re: Constitutional Carry Guide
I spoke about something similar on another post regarding the subject. I can envision a couple of scenarios that aren't good. Such as, at some point after the law goes into effect, someone is going to get arrested for walking into a business that's posted ONLY with 30.06/.07, and rightfully claim they are good because there was no 30.05 and they aren't a license holder anyway, but the business owner wants to press charges. OR, a license holder is going to walk into a 30.05-only posted business, someone running that business is going to somehow spot the firearm and call the police, who are going to overzealously arrest the LTCer for trespassing because the business owner will tell the police they posted 30.05 to "keep out people with guns like the law says". The police officer will affect the arrest, telling the LTCer that "they can have their lawyer sort it out at the station", etc, instead of taking a chance on trying to figure it out his or her self. I'm sure there are several other scenarios I haven't thought of, but I just get the feeling that in some places, this will be nothing and in others it will be a real mess that the legislature will have to sort out in a "clean-up bill".AggieMM wrote: ↑Tue Jun 08, 2021 2:52 pm Great information.
Looking at page 24, when it shows X and CHECKs for different locations, you'll notice that constitutionally carrying beyond a 30.06 and 30.07 sign is allowed. This is one area I'm confused on. As an LTC holder, will I be able to define when and I carrying on the authority of the license, and when I'm carrying on the authority of constitutional carry? How to I define that, by being in possession of the license or not? Like leaving it in the car when I see a 30.06 sign, etc?