New traffic, criminal effective Sept. 1

[boomerang]

Here's what the Texas Penal Code says.

Sec. 2.02. EXCEPTION. (a) An exception to an offense in this code is so labeled by the phrase: "It is an exception to the application of . . . ."
(b) The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception.
(c) This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code.

Sec. 2.03. DEFENSE. (a) A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.
(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.

[ScottDLS]

I would be in violation for carrying on school property CHL or not if I'm correct

You are traveling - that is, you are going from A to B with the school as a temporary stop inbetween, i.e., picking up Lil' Johnnie.
If you were going to school to meet with the teacher for Lil' Johnnie's behavior, then the school is your destination.

I seem to recall this being something a CHL classmate was trying to explain, and the instructor was nodding in agreement. But, I was trying to listen to the other instructor's answer of another question (tag-team teachers are sometimes a blessing, sometimes not-so-much).

"Traveling" only seems to be an exemption to the application of PC46.02 (carrying a weapon), not PC46.03 (places where weapons prohibited...i.e. schools). Also, "traveling" is not defined in the statute PC46.15, so I believe it is defined by case law. I would definitely not carry a handgun in a school building (premises) with or without a CHL.

Walking through the parking lot is legal with a CHL as long a school sponsored event is not taking place in the parking lot...drill team, JROTC?

To another point, thanks for the link to the new legislative guidelines. I was wondering about that just this afternoon.

Question: what's the current status of entering while armed properties owned/managed by city, county, and state: i.e., Harris County Public Library, a city community center, or something to that effect? My local HCPL branch still has the ghostbusters sign in the window. Is that legit - not because of the sign, but because it's a county facility?

Thanks,
Q

My understanding is that the legal status is the same as it has been for several years. Unless the city/county/state owned property meets some specific criteria... a court, jail, polling place on election day, ... It is legal for a CHL holder to enter with a firearm, signs to the contrary notwithstanding.

[Carrots]

To me It means that you now have a defense to a prosecution, NOT that you can't/won't be prosecuted. If the place should be posted 51% and you know that it should then carrying there is a choice for you to make. Having a defense to a prosecution is nice, but from a practical point of view whether you have this new defense or not if you are caught you can still be prosecuted and if you are then you will be having a bad day regardless. Just MO of course.

Carrying a handgun with a CHL was only a Defense to Prosecution until the law changed in '97. If you have a defense to prosecution, presumably your prosecution will be unsuccessful. The defense is that the bar didn't post a sign, not that you knew/or should have known that it was off limits.

Yes I understand that. My point was that having a defense to prosecution is not the same as having a get out of jail free card. If there is no sign, you now have a defense viz "I didn't know" / "I couldn't know". The decision to create this defense indicates that when signs are missing the patron will no longer be presumed to be completely at fault. Having and using this defense may mitigate the patron’s punishment, but it would seem to me that there is no implied intention that from now on the prosecution itself is going to be skipped. If they had decided to no longer prosecute these cases no new defense would be needed right? This looks to me like the old "Beat the rap, take the ride" situation where even if you "win" you still lose. To me a defense provides mitigation but not absolution. However I will readily concede that the Law that I know is not the law of this land, which is why I usually give these hypothetical legal threads a bit of a berth. Lesson learnt.

[Purplehood]

I guess we be hiring more LEO's to watch for that cellphone use...what's next...no driving in the school zone I need my CHL now...Doh can't carry in a school zone or use my phone, what if it's in my hand, are they going to check to see if I was texting, Hmmm will they need a warrant ? or do they issue a ticket I get it I must be concealed

Btw good info

You did note that if you are parked and not moving the vehicle, it is legal? I don't see any problem with that.

[Dexdahex]

I guess we be hiring more LEO's to watch for that cellphone use...what's next...no driving in the school zone I need my CHL now...Doh can't carry in a school zone or use my phone, what if it's in my hand, are they going to check to see if I was texting, Hmmm will they need a warrant ? or do they issue a ticket I get it I must be concealed

Btw good info

You did note that if you are parked and not moving the vehicle, it is legal? I don't see any problem with that.

I"m talking about when you need to call them ,due to they are not where they a suppose to be...teenagers, and of course they will text you back verse calling ...now only if i can get text to work via bluetooth