Search found 4 matches

by ScottDLS
Tue Dec 07, 2010 10:27 pm
Forum: General Texas CHL Discussion
Topic: CHL Class Test Question
Replies: 22
Views: 12142

Re: CHL Class Test Question

C-dub wrote:....I thought that if one has a CHL, one could not carry under the MPA....
I don't necessarily read the law this way, but in the interest of not doing a thread hijack, I'll defer my opinions for when the topic comes up on its own.
by ScottDLS
Tue Dec 07, 2010 7:00 pm
Forum: General Texas CHL Discussion
Topic: CHL Class Test Question
Replies: 22
Views: 12142

Re: CHL Class Test Question

DoubleActionCHL wrote:
ScottDLS wrote:
DoubleActionCHL wrote:This has nothing to do with MPA. "Carrying" is "on or about your body." When you have your handgun on or about you and CHL in your possession, 46.02 does not apply.
I'm not sure I get your point. The CHL test question talks about "in your glove box". That has always been considered "on or about your person". Prior to MPA, you needed a CHL to carry in your vehicle (absent other non-applicability like sporting activity, etc.). Now you don't, because 46.02 has specific language excepting vehicle carry.
The question is asked considering that you are a CHL holder. When you are carrying your handgun and your license on or about your person (glove box qualifies), the exception provided by MPA under 46.02 does not apply because 46.15 tells us that the entire section 46.02 does not apply. MPA has nothing to do with this question.
OK...now I see that it is asked in the context of you having your CHL on you, though you would be legal under MPA if you didn't.

So here's a fun one... You have a Non-Semi Automatic (Revolver only) CHL and you're carrying a 9mm SA in your glove box under MPA. Do you have to show your CHL? :???:
by ScottDLS
Mon Dec 06, 2010 10:50 pm
Forum: General Texas CHL Discussion
Topic: CHL Class Test Question
Replies: 22
Views: 12142

Re: CHL Class Test Question

DoubleActionCHL wrote:This has nothing to do with MPA. "Carrying" is "on or about your body." When you have your handgun on or about you and CHL in your possession, 46.02 does not apply.
I'm not sure I get your point. The CHL test question talks about "in your glove box". That has always been considered "on or about your person". Prior to MPA, you needed a CHL to carry in your vehicle (absent other non-applicability like sporting activity, etc.). Now you don't, because 46.02 has specific language excepting vehicle carry.
by ScottDLS
Mon Dec 06, 2010 9:12 pm
Forum: General Texas CHL Discussion
Topic: CHL Class Test Question
Replies: 22
Views: 12142

Re: CHL Class Test Question

shootthesheet wrote:
DoubleActionCHL wrote:The actual test question is as follows:

You have a concealed handgun license and carry a revolver in the glove compartment of your car, when stopped by a police officer, you should:
a) Roll down the window before the officer approaches
b) Keep both hands in plain sight on top of the steering wheel
c) Give the officer your driver license AND your concealed handgun license
d) All of the above
That seems to be right to me. I think part of the reason they specifically mention off body carry is so people understand that a CHL is not covered under MPA. Maybe totally off but it seems a good enough excuse.
My take is that the question pre-dates the MPA. There is nothing in the MPA that makes its exception to 46.02 inapplicable for CHL holders.

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