Unlawful Carrying Weapons (UCW) & CHL

CHL discussions that do not fit into more specific topics

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casp625
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Unlawful Carrying Weapons (UCW) & CHL

#1

Post by casp625 »

How exactly does one with a Texas CHL get charged under 46.02 UCW when carrying a concealed handgun? I know it says:
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 or boating
However, 46.15 NONAPPLICABILITY states:
(b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;
So let's say I do something that is a Class B or Class A misdemeanor and I am carrying concealed with my CHL... How does 46.02 apply when 46.15 says it doesn't? Since a police officer has to submit a form to DPS to suspend your CHL, at the time of the offense, you would be carrying under a valid license. Thoughts?
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Beiruty
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Re: Unlawful Carrying Weapons (UCW) & CHL

#2

Post by Beiruty »

If you carrying under MPA (in the car with no CHL) and you are charged with Class A or B then you can also be charged with UCW.
If you are carrying with a valid CHL and arrested under class A or B charge, your CHL maybe suspended and can be revoked if you were convicted with Class A or B charge. You can lose your CHL for 5 to 12 yrs.
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bubba84
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Re: Unlawful Carrying Weapons (UCW) & CHL

#3

Post by bubba84 »

46.035 covers the UCW by a CHL'er. An "offense while intoxicated" is covered in that section. You get popped for DWI and have a pistol, whether under MPA or CHL, youll be lucky to not also get a UCW.
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AJSully421
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Re: Unlawful Carrying Weapons (UCW) & CHL

#4

Post by AJSully421 »

Bubba has it right, Carrying While Intoxicated is the one that will get you. Cop buddy of mine said they popped a guy coming home from a pistol match this weekend. He was all over the road, chances are they will file UCW. It is a Class A and could cost this guy his CHL for 5 years.
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Topic author
casp625
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Re: Unlawful Carrying Weapons (UCW) & CHL

#5

Post by casp625 »

After thinking about it and looking at criminal offenses, I couldn't really find anything misdemeanors that weren't covered under 46.03, 46.035, or 42.01 (disorder conduct).
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