TexasCHLforum.com

seamusTX wrote:You are committing UCW as soon as you reveal the handgun, or if you step out of the car with it concealed.

If you are justified in using deadly force, the DA would probably consider the defense of necessity, unless it was one of those DAs who think their job is to charge everyone with everything possible.

This brings up one of the potential problems with H.B. 1815: People who don't have CHLs may not understand the justifications for use of deadly force and other issues that are covered in the CHL course.

- Jim

frankie_the_yankee wrote:

propellerhead wrote:Cool. If the use of deadly force is authorized, I could still be charged with UCW but unlikely.

SECTION 1. Section 46.02, Penal Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) A person commits an offense if the person [he]
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-1) 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 71.01.

propellerhead wrote:Next question....

In plain view appears in (a-1) which applies to those *in* a motor vehicle. For those that are directly en route to their vehicle, can the weapon be in plain view? If I were an apartment dweller and I walk from my apartment unit to my car, can my handgun be fully exposed?

propellerhead wrote:In plain view appears in (a-1) which applies to those *in* a motor vehicle. For those that are directly en route to their vehicle, can the weapon be in plain view? If I were an apartment dweller and I walk from my apartment unit to my car, can my handgun be fully exposed?

frankie_the_yankee wrote:Doesn't sound right to me. It is pretty clear that at some point you would draw unwanted attention to yourself. Especially since you can't carry openly in TX even WITH a CHL.

I would keep it concealed throughout.

seamusTX wrote:The precise wording of the law says that you are not required to conceal a handgun while en route from your residence to your vehicle.

Common sense says it would be unwise to carry openly in that case. This new law is going to be subject to legal contests for a while, and you don't want to be a participant in that.

- Jim