TexasCHLforum.com

jimlongley wrote:

Jaguar wrote:
I was trying to say volunteering would require you knowingly fail to conceal, which would be prosecuted under the following,

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor

And, (i) does not exempt section (a).

I see, sorry.

Of course that is not the only way to be discovered and prosecuted, the rest of which would involve 46.035(i).

No problem, I was just thinking out loud as it were.

But getting prosecuted for ONLY a 30.06 violation would be difficult, piling on of charges to entice you to take a plea seems to SOP these days.

JMHO, IANAL, ETC.

jimlongley wrote:

Jaguar wrote:

Oldgringo wrote:Inasmuch as there doesn't seem to be any court case interpretation of this question, opportunity abounds for someone to come forward and be the test case. Who's first?

The problem with being a test case is you can have charges stacked on, like intentionally failing to conceal, in order to "get" arrested for violating a non-compliant sign. Thus, you may have the charge dropped for the non-compliant sign violation, but you still have to face the Class A misdemeanor for violating PC 46.035(a).

Sort of like the Ft. Hood Staff Sgt. who trial for carrying in a non-posted hospital starts tomorrow. He was arrested on a bogus charge, but then they piled on the intoxication charge after the fact.

Also, I don't have the funds or lawyer buddies to do that. I would not carry past a 30.03 sign on purpose.

Since the sign was non-compliant, how have you violated any part pf 46.035? 46/035 doesn't even apply "(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06."

I did say 46.035(a).

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

I was trying to say volunteering would require you knowingly fail to conceal, which would be prosecuted under the following,

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor

And, (i) does not exempt section (a).

Oldgringo wrote:Inasmuch as there doesn't seem to be any court case interpretation of this question, opportunity abounds for someone to come forward and be the test case. Who's first?

The problem with being a test case is you can have charges stacked on, like intentionally failing to conceal, in order to "get" arrested for violating a non-compliant sign. Thus, you may have the charge dropped for the non-compliant sign violation, but you still have to face the Class A misdemeanor for violating PC 46.035(a).

Sort of like the Ft. Hood Staff Sgt. who trial for carrying in a non-posted hospital starts tomorrow. He was arrested on a bogus charge, but then they piled on the intoxication charge after the fact.

Also, I don't have the funds or lawyer buddies to do that. I would not carry past a 30.03 sign on purpose.

MasterOfNone wrote:Now imagine Eric Holder as DA and Sotomayor as Judge with an Austin jury. What are the odds of the exact letter of the law being upheld?

OMG, you just shattered all faith I've ever had in our legal system.