TexasCHLforum.com

KRM45 wrote:... I will point out that DWI is generally a class B misd. while UCW is a class A misd. If I was the arresting officer I would certainly file the UCW charge.

seamusTX wrote:

KRM45 wrote:... I will point out that DWI is generally a class B misd. while UCW is a class A misd. If I was the arresting officer I would certainly file the UCW charge.

That's a good point.

However, DWI is punished every single time the state gets a conviction; and for many people, losing their driver license is worse than going to jail for a few days or paying a fine.

Most first-offense misdemeanors get probation and deferred adjudication.

Do the police routinely search the car on a DWI arrest? I seem to recall reading somewhere that if one of the passengers was legal to drive, he would be allowed to take the car.

- Jim

seamusTX wrote: Another offense that is rather easy to commit with a vehicle is criminal trespass.

Russell wrote:Is it actually written in Texas law somewhere that extended middle finger = obscenity?

Russell wrote:Being cited for flipping someone the bird is a little excessive.

seamusTX wrote:

Russell wrote:Being cited for flipping someone the bird is a little excessive.

Someone I knew in Illinois got cited for it, but he was generally asking for it. I don't' know what the law was at the time.

It's a class C misdemeanor in Texas.

- Jim

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:

(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;

GC 9411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period
preceding the date of application under this subchapter or is otherwise
eligible for a license under Section 411 . I 73(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a ,Class A or Class B
misdemeanor or an offense under Section 42.01, Penal Code, or of a
felony under an information or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class
B misdemeanor;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to
the proper use and storage of a handgun;
(8) has not, in the five years preceding the date of application,
been convicted of a Class A or Class B misdemeanor or an offense
under Section 42.01, Penal Code;
(9) is fully qualified under applicable federal and state law to
purchase a handgun;
(10) has not been finally determined to be delinquent in making a
child support payment administered or collected by the attorney
general;
(11) has not been finally determined to be delinquent in the
payment of a tax or other money collected by the comptroller, the tax
collector of a political subdivision of the state, or any agency or subdi-
vision of the state;
(12) has not been finally determined to be in default on a loan
made under Chapter 57, Education Code;
(13) is not currently restricted under a court protective order or
subject to a restraining order affecting the spousal relationship, other
than a restraining order solely affecting properly interests;
(14) has not, in the 10 years preceding the date of application,
been adjudicated as having engaged in delinquent conduct violating a
penal law of the grade of felony; and
(15) has not made any material misrepresentation, or failed to
disclose any material fact, in an application submitted pursuant to
Section 411.I74 or in a request for application submitted pursuant to
Section 411.175.
(b) For the purposes of this section, an offense under the laws of this
state, another state, or the United States is:
(1) a felony if the offense, at the time of a person's application for
a license to carry a concealed handgun:
. (A) is designated by a law of this state as a felony;
(9) contains all the elements of an offense designated by a law
of this state as a felony; or
(C) is punishable by confinement for one year or more in a
penitentiary ; and
(2) a Class A misdemeanor if the offense is not a felony and
confinement in a jail other than a state jail felony facility is affixed as a
possible punishment.
(c) An individual who has been convicted two times within
the1O-year period preceding the date on which the person applies for
a license of an offense of the grade of Class B misdemeanor or greater
that involvesthe use of alcohol or a controlled substance as a statutory
element of the offense is a chemically dependent person for purposes
of this section and is not qualified to receive a license under this
subchapter. This subsection does not preclude the disqualification of
an individual for being a chemically dependent person if other
evidence exists to show that the person is a chemically dependent
person.
(d) For purposes of Subsection (a)(7), a person is incapable of
exercising sound judgment with respect to the proper use and storage
of a handgun if the person:
(1) has been diagnosed by a licensed physician as suffering from
a psychiatric disorder or condition that causes or is likely to cause
substantial impairment in judgment, mood, perception, impulse
control, or intellectualability;
(2) suffers from a psychiatric disorder or condition described by
Subdivision (1) that:
(A) is in remission but is reasonably likely to redevelop at a
future time; or
(B) requires continuous medical treatment to avoid redevelop-
ment;
(3) has been diagnosed by a licensed physician or declared by a
court to be incompetentto manage the person's own affairs; or
(4) has entered in a criminal proceeding a plea of not guilty by
reason of insanity.
(e) The following constitutes evidence that a person has a psychi-
atric disorder or condition described by Subsection (d)(l):
(1) involuntary psychiatric hospitalization in the preceding
five-year period;
(2) psychiatric hospitalization in the preceding two-year period;
(3) inpatient or residential substance abuse treatment in the
preceding five-year period;
(4) diagnosis in the preceding five-year period by a licensed
physician that the person is dependent on alcohol, a controlled
substance, or a similar substance; or
(5) diagnosis at any time by a licensed physician that the person
suffers or has suffered from a psychiatric disorder or condition
consisting of or relating to:
(A) schizophrenia or delusional disorder;
(B) bipolar disorder;
(C) chronic dementia, whether caused by illness, brain defect,
or brain injury;
(D) dissociative identity disorder;
(E) intermittent explosive disorder; or
(F) antisocial personality disorder.
(9 Notwithstanding Subsection (d), a person who has previously
been diagnosed as suffering from a psychiatric disorder or condition
described by Subsection (d) or listed in Subsection (e) is not because
of that disorder or condition incapable of exercising sound judgment
with respect to the proper use and storage of a handgun if the person
provides the department with a certificate from a licensed physician
whose primary practice is in the field of psychiatry stating that the
psychiatric disorder or condition is in remission and is not reasonably
likely to develop at a Mure time.
(g) Notwistanding Subsection (a)(2), a person who is at least 18
years of age but not yet 21 years of age is eligible for a license to carry
a concealed handgun if the person:
(1) is a member or veteran of the United States armed forces,
including a member or veteran of the reserves or national guard;
(2) was discharged under honorable conditions, if discharged
from the United States armed forces, reserves, or national guard; and
(3) meets the other eligibility requirements of Subsection (a)
except for the minimum age required by federal law to purchase a
handgun.
(h) The issuance of a license to carry a concealed handgun to a
person eligible under Subsection (g) does not affect the person's
ability to purchase a handgun or ammunition under federal law.

Fangs wrote:When my best friend got his DWI the night before Halloween in '08 they inventoried everything in his car (17 closed beer cans, dog collar, pen, sunglasses, etc.)

I've heard a couple stories of passengers being left on the side of the street by officers arresting the driver and having the car towed.

03Lightningrocks wrote:

seamusTX wrote:This is exactly the case.

The man was legal to have a sword and a handgun in his truck, as long as they were concealed and he was not engaged in criminal activity.

If the story is correct, he committed aggravated assault by threatening someone with a deadly weapon (the sword).

At that point, he lost his 46.02 vehicular exception and was guilty of carrying an illegal knife and handgun.

If he had a CHL, he would not have been committing a violation by having the handgun, though he would still be guilty of aggravated assault.

- Jim

Interesting. I was not aware of this loop hole in the law. So you lose the 46.02 vehicular exception if while having the gun in the car you commit a felony? Does this apply to any felony or just aggravated assault? I was already aware that displaying your weapon as a warning to someone was a no-no. I think allot of folks are unaware of this infraction also. It just goes to show that being educated in the legalities involved if one decides to carry concealed in a vehicle.

hheremtp wrote:

03Lightningrocks wrote:

seamusTX wrote:This is exactly the case.

The man was legal to have a sword and a handgun in his truck, as long as they were concealed and he was not engaged in criminal activity.

If the story is correct, he committed aggravated assault by threatening someone with a deadly weapon (the sword).

At that point, he lost his 46.02 vehicular exception and was guilty of carrying an illegal knife and handgun.

If he had a CHL, he would not have been committing a violation by having the handgun, though he would still be guilty of aggravated assault.

- Jim

Interesting. I was not aware of this loop hole in the law. So you lose the 46.02 vehicular exception if while having the gun in the car you commit a felony? Does this apply to any felony or just aggravated assault? I was already aware that displaying your weapon as a warning to someone was a no-no. I think allot of folks are unaware of this infraction also. It just goes to show that being educated in the legalities involved if one decides to carry concealed in a vehicle.

03Lightningrocks

PC W6.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if the person intentionally, knowingly, or recklessly
carries on or about his or her person a handgun, illegal knife, or club if
the person is not:
(1) on the person's own premises or premises under the person's
control; or
(2) inside of or directly en route to a motor vehicle that is owned
by the person or under the person's control.
(a-I) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a
motor vehicle that is owned by the person or under the person's
control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor
that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section

According to this section of TPC I think that brandishing a sword and telling someone that you are going to kill them definatly constitutes "engaged in criminal activity, other than a Class C misdemeanor"