Wife wants to carry in her car

[Acera]

Oh......and here is the link if you want to read the whole law yourself:

PENAL CODE CHAPTER 46. WEAPONS

Oh, and tell me what I am missing???

 

[Younggun]

Some further reading on this finds the famous 30.06 law. So it sounds like you don't have to give notice.





So does what I posted above not invalidate that???

The lower section specifically invalidates section B4 unless notice has been given.

Or so it seems.

 

[ervdrvr1]

That if you have a CHL, you can legally CC in a hospital UNLESS 30.06 has been satisfied.

 

[TheDan]

Might not be a good idea... Does she have road rage like most wiminfolk?

 

[JohnnyLoco]

Plenty of places to stop on that ride. CHL is preferred. Can also have a rifle or shotgun loaded and in plain view.

 

[Acera]

Ok, just got off the phone with my CHL instructor. Remembered he was on an extra job this evening. Think he was glad to take a break from watching a bunch of TXDOT guys and truck drivers with nothing to do but stand around while he sit in his car and watched porn on his laptop.

First he said, read what the DPS site says. He referenced the one I posted.

Then he said stop, don't look any deeper as 99% of the law officers you deal with will know nothing more than that. That is the simplest answer, (right or wrong) to your question. If something happens and you get caught carrying and have to deal with a LEO you will get a ride downtown and processed into the system for carrying there.

He said nobody will care what laws you toss out trying to talk yourself out of trouble and get set free, almost a 100% chance you going to get booked.

Then he said the first person that will actually listen to your story about lack of sign, misplacement of sign, missing a letter, wrong size, etc will be the lawyer you have paid thousands of dollars to and will be paying thousands more to get you back to where you were before you were busted. Mentioned that if you were on a work call, you would probably get fired, and may get asked to not sit foot on the hospital premises again. Also said this will be an unfamiliar area for most lawyers and prosecutors as they don't face this type of thing much (it seems CHL holders obey the law a bit more in regards to these things than most), so the subtle details will be lacking in their initial understanding of the law.

Further he said that the ADA will want to make a deal, and care little about the sign angle. That would be the cheapest and easiest way out then. Standing your ground and going to a bench or jury trial will take more time and puts your freedom and more of your finances at risk.

Also, be careful of a jury trial as the state will try to get you on the stand to tell your side of the story, then they get to rip you up in front of the jury. They will want to show the jury you knew you were not supposed to carry there. Your lawyer get the job of unenviable job of explaining to the jury that while you knew you were not supposed to carry there, you have a valid excuse due to a signage issue 'technicality'. Your lawyer should try to keep you from getting on the stand at all costs. Said you would probably have a better chance with just a judge deciding your fate, as emotion will play less of a roll and the prosecutors tend to know how to play to a jury, but a trial by just a judge is probably no better than a coin flip. Said you would probably be into 5 figures spent by this time.

Asked would that process be worth it, even if you got off???? That is why he tells his students not to carry in those places listed........................



edited to add: Got a email this am from the officer I was talking to last night. He said do a bit of research on 'Defense from prosecution'. Places like hospitals, prisons, school events, etc. were specifically written into the law, the law makers thought they warranted special consideration. The fact that one may or may not have a sign correctly displayed may give the defense and the state a legal way to justify not punishing an individual for an offense.

Said you would not get far living your life looking for loopholes to exploit in the law, try and consider the intent of the law and abide by it to the best of your ability.

 

[zincwarrior]

Plenty of places to stop on that ride. CHL is preferred. Can also have a rifle or shotgun loaded and in plain view.

Which would not be smart, as it guarantees your vehicle will be broken into and at least those items stolen.

 

[JohnnyLoco]

Which would not be smart, as it guarantees your vehicle will be broken into and at least those items stolen.

Talking about what is legal and for while driving. Of course not for when you leave the vehicle. But crooks assume people have guns in their vehicles anyways, so even hidden is risky. Locked up is best.