I think the question of the MPA covering you or the LTC covering you is actually easy to understand if you look at the way the law is written.
Section 46.02 said it is illegal to carry a gun. The MPA modified this so that the the law now says it is illegal to carry a gun unless it is in your car and concealed. This means that it is no against the law for anyone to carry a gun in their car as long as it is concealed (and the other requirements are met of course).
Section 46.15 then comes along and says that section 46.02 does not apply if you have an LTC. This means that an LTC can carry a gun outside of the car or not concealed. Common sense would tell you that there would not be a section of law saying that something that is legal for everyone is now illegal because the whole section does not apply to you.
So, when you are driving your car, and you keep your weapon concealed, you are not breaking any law. You do not need any special authority to do something that is legal. The 30.06 sign on the garage only applies when you are breaking some other law and using the LTC as the authority to do so.
The only time you have a choice of what authority you are carrying under is when you have multiple exceptions to the law. For example, as a retired peace officer, I can carry a pistol. If I am walking and see a building posted 30.06, I can ignore it because I am not carrying under the authority of an LTC. But when I get my LTC in the next few days (DPS says it has been mailed), I have a choice of which authority I am carrying under. As a general rule, I will always be carrying under the authority of my retired peace officer status because it gives me more places I can carry. One of the general rules of law construction is that they must be interpreted to make sense. It makes no sense to say I could carry into a 30.06 location today but not legally carry there next week when an LTC is meant to expand where you can carry.
One of the things I was taught a long time ago in the police academy was that there are a lot of places where the law can be interpreted multiple ways. Always interpret the law in the way that is to your best advantage until a court has ruled on the interpretation. Once that happens, go with the court's interpretation. Taking a law as being against my best interests when it could be taken to benefit me makes no sense.
Search found 1 match
Return to “Reciprocity with WA?”
Search found 1 match
• Page 1 of 1
- by srothstein
- Wed Apr 18, 2018 12:38 am
- Forum: General Texas CHL Discussion
- Topic: Reciprocity with WA?
- Replies: 32
- Views: 8472
Search found 1 match
• Page 1 of 1
Return to “Reciprocity with WA?”
Jump to
- Administrative
- ↳ Site Announcements, Questions & Suggestions
- ↳ Test Area
- ↳ Technical Tips, Questions & Discussions (Computers & Internet)
- Resources & Links
- ↳ CHL Checklist
- ↳ Government resources & CHL-related links
- ↳ DPS Updates
- National Rifle Association, Texas Firearms Coalition & Good Guys United
- ↳ National Rifle Association
- ↳ Texas Firearms Coalition
- ↳ Good Guys United
- General
- ↳ General Gun, Shooting & Equipment Discussion
- ↳ General Texas CHL Discussion
- ↳ Gun and/or Self-Defense Related Political Issues
- ↳ Rifles & Shotguns
- ↳ New to CHL?
- ↳ The "Waiting Room"
- ↳ Other States
- ↳ Shooting Ranges
- ↳ Reloading Forum
- ↳ Never Again!!
- ↳ Competitive Shooting
- ↳ Hunting Photos
- ↳ Books & Videos
- ↳ Off-Topic
- ↳ Ladies
- ↳ Anti-gun propaganda and other lies!
- ↳ Second Amendment Cases
- Day-To-Day
- ↳ Holsters & Accessories
- ↳ LEO Contacts & Bloopers
- ↳ "How To" Tips
- ↳ Job Board
- ↳ Camp's Corner
- ↳ Prayer Requests & Updates
- ↳ The Crime Blotter
- ↳ Self-Defense Reports
- ↳ Training & Practice
- Instructors , Classes and Training
- ↳ LTC Class Schedules & Locations
- ↳ Basic & Advanced Training (Non-LTC)
- ↳ Past Classes
- ↳ Instructors' Corner
- ↳ General
- Market: Buy, Sell, Trade - Please check the minimum posting requirements in Forum Rule 13
- ↳ Holsters, Accessories, Reloading Equipment & Supplies
- ↳ Firearms
- ↳ FFL Holders
- ↳ Closed Items
- ↳ Commercial Vendor Bargains and Deal
- ↳ Non-Firearm related items
- Community Service Announcements
- ↳ General Announcements
- ↳ Animal Rescue
- ↳ Prior Year TexasCHLforum Days
- ↳ 2012 TexasCHLforum Day at PSC
- ↳ 2010 TexasCHLforum Day at PSC
- ↳ 2009 TexasCHLforum Day at PSC
- ↳ TexasCHLforum Day at PSC 2008
- ↳ Feedback - 2007 TexasCHLforum Day at PSC
- ↳ 2007 TexasCHLforum Day
- Legislative
- ↳ General Legislative Discussions
- ↳ 2019 Texas Legislative Session
- ↳ Governor's Abbott's "School and Firearm Safety Action Plan"
- ↳ Crimes on Campus
- ↳ Prior Session: 2005 - 2017
- ↳ 2015 Legislative Session
- ↳ 2013 Texas Legislative Session
- ↳ 2013 Calls-To-Action
- ↳ 2011 Texas Legislative Session
- ↳ 2009 Texas Legislative Session
- ↳ 2007 Texas Legislative Session
- ↳ 2005 Texas Legislative Session
- ↳ Goals for 2007
- ↳ Concealed Carry on College Campuses
- ↳ 2017 Texas Legislative Session
- ↳ 2017 Legislative Wish List
- ↳ Federal
- Elections
- ↳ Prior Year Elections
- ↳ 2012 Texas & Federal Elections
- ↳ Texas - 2008
- ↳ Federal - 2008
- ↳ 2014 Elections