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Unlawful Carrying Weapons (UCW) & CHL

Posted: Sun Oct 11, 2015 9:07 pm
by casp625
How exactly does one with a Texas CHL get charged under 46.02 UCW when carrying a concealed handgun? I know it says:
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 or boating
However, 46.15 NONAPPLICABILITY states:
(b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;
So let's say I do something that is a Class B or Class A misdemeanor and I am carrying concealed with my CHL... How does 46.02 apply when 46.15 says it doesn't? Since a police officer has to submit a form to DPS to suspend your CHL, at the time of the offense, you would be carrying under a valid license. Thoughts?

Re: Unlawful Carrying Weapons (UCW) & CHL

Posted: Sun Oct 11, 2015 10:33 pm
by Beiruty
If you carrying under MPA (in the car with no CHL) and you are charged with Class A or B then you can also be charged with UCW.
If you are carrying with a valid CHL and arrested under class A or B charge, your CHL maybe suspended and can be revoked if you were convicted with Class A or B charge. You can lose your CHL for 5 to 12 yrs.

Re: Unlawful Carrying Weapons (UCW) & CHL

Posted: Sun Oct 11, 2015 11:10 pm
by bubba84
46.035 covers the UCW by a CHL'er. An "offense while intoxicated" is covered in that section. You get popped for DWI and have a pistol, whether under MPA or CHL, youll be lucky to not also get a UCW.

Re: Unlawful Carrying Weapons (UCW) & CHL

Posted: Sun Oct 11, 2015 11:19 pm
by AJSully421
Bubba has it right, Carrying While Intoxicated is the one that will get you. Cop buddy of mine said they popped a guy coming home from a pistol match this weekend. He was all over the road, chances are they will file UCW. It is a Class A and could cost this guy his CHL for 5 years.

Re: Unlawful Carrying Weapons (UCW) & CHL

Posted: Mon Oct 12, 2015 2:09 am
by casp625
After thinking about it and looking at criminal offenses, I couldn't really find anything misdemeanors that weren't covered under 46.03, 46.035, or 42.01 (disorder conduct).