IMO (which is how I would operate in the exercise of MY LEO duties) If there are two laws that allow the same thing then the less stringent law should be applied. Example, if I carry under the authority of my CHL then I must adhere to all requirements (i.e. have CHL in possession at all times while carrying, notify LEO, etc). Now if I am in my car or directly enroute to my car and I do not have my CHL w/me then I am not carrying under the authority of my CHL (because it is not in my possession) and the MPA protects you. Granite its an argument on the side of the road you will most likely not win. I dont think there is a jury in Texas that would convict however there are more than a few DA's who would try there luck I am sure. Now if I have a CHL, dont have it, and get caught carrying a firearm at the food court in the mall, well then I am an idiot!!!
Until there is case law or clarification by the legislature it will be open for interpretation and application.
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- by Originalist
- Fri Jun 11, 2010 7:06 am
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