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jbarn wrote: Where in penal code 46.035 does it make it an additional offense if the person gets a drug charge? That asked, the inference was that an offense by a CHL holder negated his CHL and he could also be charged with UCW, which is penal code 46.02

I, like everyone else, is making assumptions because the OP has not responded and has not clarified or given more details. I am not a lawyer or LEO and I may not have every penal code memorized and know the legalize - I know not to do illegal things while carrying and I wouldn't anyway.

I am simply "supposing", just like all the other posters in this thread, about why the OP's question was posed. Reading the question from the OP I am assuming (and I probably shouldn't assume, but its too late) that there was an arrest made for "Unlawful Carry by CHL holder". For this to happen, the CHL holder must have done something illegal while carrying under the CHL and while in the school parking lot that must not be a felony, therefore the OP is asking can the Drug/Gun Free zone charge be used to make whatever it was a felony. I guess we need to know a LOT more about what happened.

I guess I need to ask, am I wrong that if a CHL holder is carrying and does something illegal, i.e. felony or class A/B misdimeanor, that he/she can be charged with unlawful carry by a CHL holder? Also can't the LEO "charge" you with anything they deem appropriate and let the DA/Judge sort it out? This is not meant to bash LEO's, I respect what they do and how difficult the job is and the crap that they take day in and out.

jbarn wrote:

Keith B wrote:

GeekwithaGun wrote:Unlawful carry if the CHL is involved or charged with illegal activity and carrying at the same time - just my thoughts, got to hear the rest of the story

That's a good point. If there was other illegal activity, say alcohol being drank on school property, then the CHL exemption could be null and void and the federal charge could possibly be brought into play.

So a CHL holder who breaks any law exposes himself to a violation of penal code 46.02?

I don't think a CHL becomes void when a person breaks some other law.

I don't beleive that ANY law being broken would, however wouldn't a drug charge be considered one of those laws? The OP said

Can the "Drug Free Gun Free Zone" be charged to enhance an Unlawful Carry by CHL holder in an empty school parking lot (late on weekend night) to a felony?

maybe i'm reading into what the OP said, but seems like there was a drug charge implied which would then also make it an unlawful carry by licensee.

Unlawful carry if the CHL is involved or charged with illegal activity and carrying at the same time - just my thoughts, got to hear the rest of the story