Unlawful Carrying Weapons....Will Arrests increase in TX???

[Lucky45]

PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(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;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section
71.01

My contention is that some people will not be aware that technically they can be arrested and charged UCW even if they don't have a CHL.
Reason why I am saying this is because although the law allows you to travel with a firearm without CHL, they are several activities that are considered common place but are they criminal activity?
For example, some city don't allow posting of "bandit" sign in the Right of ways and street poles, etc, and I see people at night setting them out. What would happen if that person had a firearm in their car and a LEO pulled up on them while they were hammering these signs on the roadway?? Would they be arrested? What type of misdemeanor is that??

[propellerhead]

My fear is there will be more unjustified shootings by non-CHL people who have never been through the use of deadly force laws and who have not been taught to de-escalate the situation.

[GlockenHammer]

Lucky I see your point. Once again, we are at the mercy of our legal system which has made almost everything illegal with the justification of selective enforcement.

I'd like to see folks navigate any decent sized city and not violate the Federal gun free school zones (non-CHL's which drive within 1000 feet of such an establishment are directly breaking that law).

Thank God for those that tirelessly seek to correct these laws--a process which continues forever and has been making progress recently. I hope it can continue.

GH

[Lucky45]

I agree Glockenhammer. That is why those that don't have a CHL should think long and hard about travelling with a gun in their vehicle. They might be ignorant to the consequences of many violation that could occur. You could end getting charged from misdemeanors to felonies because of this new law.

[stroo]

I doubt that the number of people actually carrying a handgun in their car is going to increase significantly. A large proportion of the Texas population already carried handguns in their cars, albeit illegally. Having said that their will be some marginal increase, like my wife. The big benefit of this law is that it will stop prosecutors from charging otherwise lawabiding people with UCW just because they have a handgun in the car.

We still have the trap for the unwary of the Federal prohibition against carrying within 1000 feet of a school. While that hasn't generally been prosecuted, that has never given me much comfort. I really hope the NRA will start working hard on getting rid of the school gun free, soft target zones.

BTW, thanks Charles for all your work over the years on these issues. It is much appreciated.

[Renegade]

I do not think this law is going to matter one way or another.

For example, some city don't allow posting of "bandit" sign in the Right of ways and street poles, etc, and I see people at night setting them out. What would happen if that person had a firearm in their car and a LEO pulled up on them while they were hammering these signs on the roadway?? Would they be arrested? What type of misdemeanor is that??

I do not know what a "bandit" sign is, but if you are out of your car hammering one in on the side of the road, you do not seem to be carrying a handgun or or about your person at that time.

Personally, my view is, if you want to carry a handgun in the State of Texas, get a CHL. That is why we have a CHL law.

[Lucky45]

Bandit signs are those sign on the little wood stakes that litter the road like every few feet. Example, like those election time "Vote for Me" signs. But mainly like those signs that say garage sale, or home builder directional sign. They are called bandit because in some cities they are illegal to post in city right of way. Now most cities require a sticker to be put on them to be legal.

[rm9792]

We still have the trap for the unwary of the Federal prohibition against carrying within 1000 feet of a school. While that hasn't generally been prosecuted, that has never given me much comfort. I really hope the NRA will start working hard on getting rid of the school gun free, soft target zones.
.

Wait a minute. In one thread it is said you can have your gun on school grounds, just not in the premises and now you are saying 1000'? I live within a 1000' of a school and have many guns in my home, so i am breaking the law?

[Xander]

Wait a minute. In one thread it is said you can have your gun on school grounds, just not in the premises and now you are saying 1000'? I live within a 1000' of a school and have many guns in my home, so i am breaking the law?

There are two different laws in effect here. The Texas state law, which says that you're not allowed to carry inside the premises of a school, and the federal law which says that any area within a thousand feet of a school is a gun free zone.

As Russell mentioned, private property is exempt from the federal law, so the guns inside your home are perfectly legal. CHL holders are also exempt, and don't need to worry about the federal gun free zone limitations. CHL holders are *not* exempt from the Texas state law prohibiting guns on school premises (inside school buildings) however, and those are still off-limits.

[rm9792]

But i have to drive by schools all day. Are you sure there isnt an exemption for roads or driving?

[seamusTX]

Are you sure there isnt an exemption for roads or driving?

I am sure there is no such exception.

The main exceptions are

• having a firearm in your home
• having an unloaded firearm in a locked case or rack
• having a qualified state license (CHL)

Wikipedia is not entirely reliable, but this article is correct according to my independent research: http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act

Here's a more thorough but somewhat alarmist interpretation: http://www.gunowners.org/fs9611.htm

The reason this law is not enforced often is that it is quite likely to be found unconstiutional if appealed.

- Jim
[edited to correct typo]

[casingpoint]

The Founding Fathers would have written it into the Second Amendment if they had intended no guns to come within 1000 feet of schools.

[Renegade]

Wikipedia is not entirely reliable,

Here is the US Code:

http://frwebgate.access.gpo.gov/cgi-bin ... :+18USC922


(2)(A) It shall be unlawful for any individual knowingly to possess
a firearm that has moved in or that otherwise affects interstate or
foreign commerce at a place that the individual knows, or has reasonable
cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm--
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a political
subdivision of the State, and the law of the State or political
subdivision requires that, before an individual obtains such a
license, the law enforcement authorities of the State or political
subdivision verify that the individual is qualified under law to
receive the license;
(iii) that is--
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that
is on a motor vehicle;

(iv) by an individual for use in a program approved by a school
in the school zone;
(v) by an individual in accordance with a contract entered into
between a school in the school zone and the individual or an
employer of the individual;
(vi) by a law enforcement officer acting in his or her official
capacity; or
(vii) that is unloaded and is possessed by an individual while
traversing school premises for the purpose of gaining access to
public or private lands open to hunting, if the entry on school
premises is authorized by school authorities.

[casingpoint]

The Bill Of Rights guarantees the right to gun possession. Federal law requires concealed handgun registration under the special circumstances of being within 1000 feet of any school as an affirmative defense.

Conclusion: Gun registration is ordained at the federal level.