Seems clear cut to me. There are two categories of CHL suspensions: a suspension that is also a disqualification to possess a firearm, and simply a CHL license suspension.
The most common federal disqualifiers that come to mind would be someone who is indicted or convicted of a felony, indicted or convicted of a misdemeanor crime of domestic violence, subject to certaIn kinds of restraining or protective orders, adjudicated a mental defective, etc.
In those kinds of circumstances, obviously the CHL can't carry in the car because the CHL cannot possess a firearm.
Similarly, if the CHL violates any of the conditions imposed by the MPA, the CHL cannot carry under the MPA.
But the other category of CHL suspensions -- failure to change address being a good example -- would have zero impact on someone's right to possess a firearm under MPA.
The easy way to think through this issue (and similar cases) is to ask the question, "What statute would they be charged under?"
I also disagree with the NSA licensee not being able to possess an SA in a car. Forget about all that "higher duty" stuff and ask what crime they would be charged with. The MPA clearly provides justification.
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- by Jumping Frog
- Mon Sep 10, 2012 1:50 pm
- Forum: General Texas CHL Discussion
- Topic: Gun in the car by a suspended CHL ?
- Replies: 41
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