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by 08thunders
Fri Aug 02, 2013 6:30 pm
Forum: General Texas CHL Discussion
Topic: A Couple Questions for LEOs.
Replies: 30
Views: 4011

Re: A Couple Questions for LEOs.

chandler583 wrote:Also, I've recently seen this, and was a little interested in everyone else's opinions. A young man was pulled over for some sort of traffic violation, the officer asks him to step out of the vehicle, which causes him to expose his handgun that was in (I'm assuming) the door of the vehicle. The handgun is concealed while all doors are closed, but not once the drivers door is open. This young man has no CHL for clarification. He was arrested for having the handgun in the car exposed. I was curious on what the law said about that.
The MPA law only protects motorists if the handgun is not in plain view. Unlike CHL, there's no intent to display required. If it's in plain view, there's no MPA protection according to the black letter law, even if it's accidental. Same as it doesn't matter if you think she was 18, when she's really 16. No mens rea is needed to convict.

For the young man arrested, without pictures it's impossible to know if was in plain view with the doors closed.

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