30.06 sign....boycott?

[txinvestigator]

I know i read somewhere (not saying it was correct) about it having to be concealed now I'm on a mission to find it, so I can see wtf I was reading. by the way, the penal code is a pain to read, I did alot of scrolling here as to find out what 46.15(b)

Thank you for the reference.

I was in a hurry when I posted last. You won't "find it". What you are confusing is the 2005 legislative change to 46.15(b) that listed traveling, then went on to state that a person was presumed to be traveling if he met certain requirements such as being in a motor vehicle and having the weapon concealed.

The "motorist protection act" of 2007 eliminated the presumption of 46.15(b) and included that car carry was legal under 46.02 (the unlawful carrying weapons law).

Traveling remains under 46.15(b) and there is no requirement to conceal the weapon if a person is claiming the traveling exception.

If you are in your own vehicle or one that is under your control you don't need to establish that you are traveling to carry a handgun without a CHL. You just need to have the handgun not in plain view, and you cannot be a member of a criminal street gang, engaged in criminal activity (other than class c traffic offenses) or prohibited by law from possessing a firearm.

 

[SC-Texas]

This is an issue that I am dealing with in criminal court at this time.

 

[txinvestigator]

This is an issue that I am dealing with in criminal court at this time.

30.06? Motorist Protection Act, or traveling?

I am anxious to hear details and how it ends.

 

[SC-Texas]

Basically,

It was UCW.

I'm waiting to see what happens.

In a protective order hearing, the arresting officer stated that he pulled my guy over for reckless driving.

A Class C traffic offense.

 

[txinvestigator]

Basically,

It was UCW.

I'm waiting to see what happens.

In a protective order hearing, the arresting officer stated that he pulled my guy over for reckless driving.

A Class C traffic offense.

So the state is claiming that he was not exempt umder 46.02 because he cas committing a crime at the time, that crime being reckless driving?

Counselor, Reckless is not a class C Misdemeanor;

Texas Transportation Code
Sec. 545.401. RECKLESS DRIVING; OFFENSE. (a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30 days; or
(3) both the fine and the confinement

 

[SC-Texas]

The handbook indicated it was traffic misdemeanor. Prosecutor said it could be a B or C.


That really isn't the central issue because he was on parole and the terms of his parole may have precluded the possession of a firearm.

 

[SC-Texas]

Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic

I mispoke anyway.

Whether reckless falls under class B or C, it is an ordinance regulating traffic.

therefore it would fall under the "OR" provision.

Now the debate will be whether reckless is an ordinance regulating traffic.

 

[TxEMTP69]

Txinvestigator, Thank you for the information, you are very helpful

 

[txinvestigator]

I mispoke anyway.

Whether reckless falls under class B or C, it is an ordinance regulating traffic.

therefore it would fall under the "OR" provision.

Now the debate will be whether reckless is an ordinance regulating traffic.

I disagree. If you read the law, IF the offense IS a traffic violation or ordinance OTHER THAN A CLASS C MISDEMEANOR, then the person commits an offense.

Reckless is in the transportation code, so it is a traffic offense. But it IS OTHER THAN A CLASS C MISDEMEANOR. Class Cs are punishable by a fine only. Since this offense has confinement as a punishment, it is OTHER THAN A CLASS C MISDEMEANOR.

 

[SC-Texas]

Agree with you TXInvestigator. I was wrong about Reckless being a C.

Had lunch with a bunch of criminal lawyers and discussed whether reckless is an ordinance regulating traffic or not.

Half said it was and half said it was not.

I'm not sure what you are saying above.

I think the law is pretty clear.

Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic

There is no liability for hte actor if the actor is engaging in criminal activity that is a C misdemenor OR a traffic offense.

Alternatively, there is liability if the actor is engaging in criminal activity that is something other than a C misdemenor OR an ordinance regulating traffic.

Therefore, if Reckless is a Traffic offense, it would fall under the no liability exlusion even though it is a Class B misdemenor.

Now, the question is what is an ordinance regulating traffic? Obviously red lights, stop sighns and speeding would be an ordinance. DWI obviously doesn't fall under this definition. Reckless probably shouldn't fall under this definition either although its part of the transportation code.


Maybe I am reading what you wrote incorrectly.

 

[txinvestigator]

There is no liability for hte actor if the actor is engaging in criminal activity that is a C misdemenor OR a traffic offense.

Alternatively, there is liability if the actor is engaging in criminal activity that is something other than a C misdemenor OR an ordinance regulating traffic.

Therefore, if Reckless is a Traffic offense, it would fall under the no liability exlusion even though it is a Class B misdemenor.

This is where we disagree. Here is the sentence; "engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic"

Traffic laws are not ordinances. Ordinances are created by cities, counties and other jurisdictions.


Traffic code offenses are law violations. See my point?

 

[SC-Texas]

That's where I'm going at this point.