I agree, plus TPC §30.05 makes the CHL holder issue a defense to prosecution, so an arrest could well be made and the CHL has to prove it in court. As a practical matter however, as long as the CHL doesn't refuse to leave the property, most LEOs aren't going to make the arrest. Most agencies will have the officer instruct the landowner to tell the person to leave in the LEO's presence. If they refuse to leave, they get arrested. If they do leave, many agencies will have their officers issue a "trespass warning" and that is logged into their system for some period of time so that future violations will result in an arrest.seamusTX wrote:That is an interesting twist.
The nagging question in my mind is how the police would handle a call from a private property owner who wants to file a charge against someone who was found to have a weapon there.
- Jim
Chas.