ANOTHER 51% SIGN QUESTION

[Scott in Houston]

No you don't have to post for them, but you're missing the point. You can still get arrested and charged if they fail to post, and the fact that the business didn't follow the law will likely not help you.

People are arrested and charged with crimes they didn't commit. It happens. I don't dispute that.

However, I'm curious about your comment that a defense to prosecution will likely not help. On what do you base that legal advice? It could be very important to anyone in Texas who has a NFA registered firearm.

"It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended." (TPC 46.05)

I didn't make that argument above, but from experience, having a defense to prosecution does two things:

1) It helps but doesn't guarantee you will be found innocent
2) You're STILL being prosecuted! Not where I want to be innocent or not.

[ScottDLS]

No you don't have to post for them, but you're missing the point. You can still get arrested and charged if they fail to post, and the fact that the business didn't follow the law will likely not help you.

People are arrested and charged with crimes they didn't commit. It happens. I don't dispute that.

However, I'm curious about your comment that a defense to prosecution will likely not help. On what do you base that legal advice? It could be very important to anyone in Texas who has a NFA registered firearm.

"It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended." (TPC 46.05)

I didn't make that argument above, but from experience, having a defense to prosecution does two things:

1) It helps but doesn't guarantee you will be found innocent
2) You're STILL being prosecuted! Not where I want to be innocent or not.

Mr. Cotton has stated previously that by case law, all the 46.15 exemptions (like carrying with a CHL and carry by a Peace Officer) are "Defenses", not "Exceptions", so this is technically true about your carrying at all w/ your CHL.