TexasCHLforum.com

If one is convicted of a Class A misdemeanor is that grounds for their existing TX CHL to be revoked?

If so, is it for any particular TYPE of Class A conviction or any and all Class A convictions?

I'm asking because of the recent changes to the 51%/TABC signage reg's.

thnx

Any class A or B misdemeanor conviction is grounds for revocation.

Any factor that would disqualify you for a license in the first place is grounds for revocation (for example, being adjudicated in default on child support).

I don't know what you're asking about the change to the 51% restriction.

- Jim

referring to this recent reg change:
HB2664 - Provides a defense to prosecution if a concealed handgun license holder carries a concealed handgun into an establishment that gets 51 percent or more of its income from the sale of alcoholic beverages, but has failed to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages. (Under current law, a concealed handgun licensee can be charged with a Class A misdemeanor for doing this.)

"Previously, carrying a firearm into a business that derives more than fifty percent of its revenue from alcohol sales was a third-degree felony.
Now the same violation is considered a class A misdemeanor, and is legally defensible if the establishment does not clearly post their alcohol revenue percentage."

Looks like one could still be convicted of a Class A and have their license revoked anyway just as if it was a third-degree felony.

Penalty might be lighter, but losing one's CHL would leave a mark.

My understanding of the change is that now, if a CHL holder intentionally carries in a place that has a properly posted 51% sign, it is a class A misdemeanor. If the place did not have a 51% sign, or it wasn't visible to the public, he would have a defense to prosecution.

In the latter case, he probably would not be charged, or found not guilty if charged.

If someone is convicted, a class A is still better than a felony.

I lose zero sleep over this issue. No CHL holder was convicted of a PC 46.035(b)(1) offense in the last year for which statistics were reported.

- Jim

seamusTX wrote:My understanding of the change is that now, if a CHL holder intentionally carries in a place that has a properly posted 51% sign, it is a class A misdemeanor. If the place did not have a 51% sign, or it wasn't visible to the public, he would have a defense to prosecution.

In the latter case, he probably would not be charged, or found not guilty if charged.

If someone is convicted, a class A is still better than a felony.

I lose zero sleep over this issue. No CHL holder was convicted of a PC 46.035(b)(1) offense in the last year for which statistics were reported.

- Jim

Jim and "Doc",

This is a an important change in the law that you have noted. Do I understand that carrying a "weapon" in a 51% establishment is now a class A misdemeanor vs. previously a 3rd degree felony? Is this just for a CHL holder or for anyone who carries a prohibited weapon in a 51% establishment. Never mind defense to prosecution for no sign, that's not what I'm asking.

-Scott

As I understand it, it is now a class A misdemeanor for a CHL holder to carry a handgun in a 51% establishment.

It still is a felony for anyone without a CHL (except LEOs, etc.) to carry a handgun in any place that sells alcoholic beverages, including convenience and grocery stores.

The difference is where these acts are made illegal. Penal code 46.02 makes it a felony for anyone to carry a handgun (or certain other weapons) in any place that sells alcoholic beverages. CHL holders are exempt from 46.02. PC 46.035 makes it illegal for them to carry in a 51% establishment.

(Technically, travelers and certain other non-LEOs are exempt from 46.02; but my budget couldn't handle proving it in court.)

- Jim