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Those are violations of other laws. They have their own listings.....RPBrown wrote:Carrying into prohibited places, Professional sports, courthouses etc. perhaps?
If neither had a CHL then the charge of Unlawful Carrying a Weapon by a license holder is improper. That offense is Penal Code 46.035, and states that a pereon commits an offense if he carries a handgun under 411 of the Government code and then commits and act outlawed by 46.035, there is an offense.jmorris wrote:Just googling I found two references.
http://www.myharlingennews.com/?p=27839" onclick="window.open(this.href);return false;
Where a Hidalgo County Detention Officer worked an unauthorized off-duty security detail at a bar wearing a t-shirt with POLICE on it and open carrying. He was charged with with False Identification as a Peace Officer and Unlawful Carrying of a weapon by License Holder.
http://attorneyandynolen.com/blog/2011/ ... formation/" onclick="window.open(this.href);return false;
During a traffic stop a firearm was found inside the car. The female was arrested for DWI & unlawful carrying of a weapon by license holder.
In neither incident is it reported that they have CHLs.
Texas Penal Code
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in a public place in plain view of another.
b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.
It's a data error or it's got to be something else. That's the best I've heard so far!G.A. Heath wrote:It could be Out of State LEOS carrying under LEOSA. They carry under the CHL laws when out of state but most do not have their state's version of a CHL.
I don't think anyone has contacted DPS. I don't think it violates any rule, but I am sure they have plenty of other stuff to do. Why don't you call and ask?gringo pistolero wrote:I'm surprised nobody has been able to get a straight answer from DPS. It shouldn't violate the aggregation rule to reveal how they're aggregating.
WildBill wrote:It's a data error or it's got to be something else. That's the best I've heard so far!G.A. Heath wrote:It could be Out of State LEOS carrying under LEOSA. They carry under the CHL laws when out of state but most do not have their state's version of a CHL.
I just didn't think there would be that many arrests of out of state LEOs.
You seem to know everything that it isn't.jbarn wrote:It is not out of state LEO's.WildBill wrote:It's a data error or it's got to be something else. That's the best I've heard so far!G.A. Heath wrote:It could be Out of State LEOS carrying under LEOSA. They carry under the CHL laws when out of state but most do not have their state's version of a CHL.
I just didn't think there would be that many arrests of out of state LEOs.
Yes, please, do share your knowledge with us.WildBill wrote:You seem to know everything that it isn't.jbarn wrote:It is not out of state LEO's.WildBill wrote:It's a data error or it's got to be something else. That's the best I've heard so far!G.A. Heath wrote:It could be Out of State LEOS carrying under LEOSA. They carry under the CHL laws when out of state but most do not have their state's version of a CHL.
I just didn't think there would be that many arrests of out of state LEOs.
Don't keep us in suspense.
What is it?
Yeah, but I don't believe that 46.035 applies to the them without a CHL. 46.035 specifically references Subchapter H, Chapter 411 Government Code which is only for CHL's. And 46.035(e) references security officers, but says 'A license holder..', so only applies to :WildBill wrote:A Level III Texas Security Officer would have a license to carry, but not a CHL.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
You are correct, but the statistical summary doesn't list the section of the law they were convicted. Unless I missed it. When you are summarizing data you sometimes add similar things together.Keith B wrote:Yeah, but I don't believe that 46.035 applies to the them without a CHL. 46.035 specifically references Subchapter H, Chapter 411 Government Code which is only for CHL's. And 46.035(e) references security officers, but says 'A license holder..', so only applies to :WildBill wrote:A Level III Texas Security Officer would have a license to carry, but not a CHL.(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
And he would not be charged with Unlawful carry by a license holder. He is not carrying under a CHL, and that offense requires, as an element of the offense, the person to be carrying under the authority of a CHL.WildBill wrote:A Level III Texas Security Officer would have a license to carry, but not a CHL.