TexasCHLforum.com

ScottDLS wrote:

DoubleActionCHL wrote:This has nothing to do with MPA. "Carrying" is "on or about your body." When you have your handgun on or about you and CHL in your possession, 46.02 does not apply.

I'm not sure I get your point. The CHL test question talks about "in your glove box". That has always been considered "on or about your person". Prior to MPA, you needed a CHL to carry in your vehicle (absent other non-applicability like sporting activity, etc.). Now you don't, because 46.02 has specific language excepting vehicle carry.

The question is asked considering that you are a CHL holder. When you are carrying your handgun and your license on or about your person (glove box qualifies), the exception provided by MPA under 46.02 does not apply because 46.15 tells us that the entire section 46.02 does not apply. MPA has nothing to do with this question.

DoubleActionCHL wrote:

ScottDLS wrote:

DoubleActionCHL wrote:This has nothing to do with MPA. "Carrying" is "on or about your body." When you have your handgun on or about you and CHL in your possession, 46.02 does not apply.

I'm not sure I get your point. The CHL test question talks about "in your glove box". That has always been considered "on or about your person". Prior to MPA, you needed a CHL to carry in your vehicle (absent other non-applicability like sporting activity, etc.). Now you don't, because 46.02 has specific language excepting vehicle carry.

The question is asked considering that you are a CHL holder. When you are carrying your handgun and your license on or about your person (glove box qualifies), the exception provided by MPA under 46.02 does not apply because 46.15 tells us that the entire section 46.02 does not apply. MPA has nothing to do with this question.

OK...now I see that it is asked in the context of you having your CHL on you, though you would be legal under MPA if you didn't.

So here's a fun one... You have a Non-Semi Automatic (Revolver only) CHL and you're carrying a 9mm SA in your glove box under MPA. Do you have to show your CHL?

ScottDLS wrote:OK...now I see that it is asked in the context of you having your CHL on you, though you would be legal under MPA if you didn't.

So here's a fun one... You have a Non-Semi Automatic (Revolver only) CHL and you're carrying a 9mm SA in your glove box under MPA. Do you have to show your CHL?

Section 46.15 says 46.02 is inapplicable if you are carrying both your license and handgun which you are license to carry. If you have an NSA license and carrying semi-automatic, Section 46.02 applies, meaning you may legally possess the semi-automatic in your vehicle. However, you might also be subject to a 30 day suspension of your CHL for carrying a handgun of the wrong action type.

I thought that if one has a CHL, one could not carry under the MPA. If I'm wrong wouldn't the only way be if the weapon only left the vehicle going to and from one's residence or work?

C-dub wrote:....I thought that if one has a CHL, one could not carry under the MPA....

I don't necessarily read the law this way, but in the interest of not doing a thread hijack, I'll defer my opinions for when the topic comes up on its own.

I think we're making this too complicated.

The MPA provisions under 46.02 tell us that you're not committing an offense when you carry your handgun to your vehicle, possess it in your vehicle, or carry it back to your habitation. There are 4 conditions that are clearly stated.

Section 46.15 says that 46.02 is inapplicable if the actor has in his possession his CHL AND a handgun which he is licensed to carry.

At this point, you are not committing an offense because of the CHL provisions provided under GC Section 411(h).

In my opinion, the current related statutes are a hodgepodge and may be subject to multiple interpretations. I'm hoping the language is tightened up during the next legislative session. I'm not an attorney, obviously, but you shouldn't have to be one to understand this.

DoubleActionCHL wrote:I think we're making this too complicated.

The MPA provisions under 46.02 tell us that you're not committing an offense when you carry your handgun to your vehicle, possess it in your vehicle, or carry it back to your habitation. There are 4 conditions that are clearly stated.

Section 46.15 says that 46.02 is inapplicable if the actor has in his possession his CHL AND a handgun which he is licensed to carry.

At this point, you are not committing an offense because of the CHL provisions provided under GC Section 411(h).

In my opinion, the current related statutes are a hodgepodge and may be subject to multiple interpretations. I'm hoping the language is tightened up during the next legislative session. I'm not an attorney, obviously, but you shouldn't have to be one to understand this.

Or to obey the law....