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[mreed911]

What statue does "UNL CARRY HANDGUN LIC HOLD" violate? There were 6 convictions in 2014. I wish DPS had a table that references statutes in their list of convictions.

46.035.

The 46.02 convictions are likely to be things like getting busted for DWI while carrying (committing a criminal act while carrying), etc.

[ScottDLS]

What statue does "UNL CARRY HANDGUN LIC HOLD" violate? There were 6 convictions in 2014. I wish DPS had a table that references statutes in their list of convictions.

46.035.

The 46.02 convictions are likely to be things like getting busted for DWI while carrying (committing a criminal act while carrying), etc.

46.02 doesn't apply to a license holder, even if they are committing a crime. So if you're going to drive drunk, make sure you have your CHL so you don't pick up a class A to go with the class B DWI.


And you didn't close the quotes right. Joe was asking for 46.035, not me.

[ScottDLS]

From reading the DPS CHL Convictions report it appears that from 1997 to 2014 (latest data), no one has EVER been convicted under 30.06... or under 30.05 in 1996. So I'm going with it's a pretty low likelihood of "taking the ride". Though theoretically there could be massive numbers of arrests of people that were all aquitted/charges dropped.

Well Scott, I'm not so sure that no one has EVER been convicted under 30.06. I would truly like to think that's the case, but I believe there's reason to believe that there could have been convictions, but that is not specifically defined as 30.06 violations.....but they could be.

Take for example, from the conviction rates for 2014(most recent statistics):

UNLAWFUL CARRYING WEAPON - 1,867 total convictions; 14 convictions of CHL holders.

That's found on the last page of the DPS Conviction Rates Report of 2014.

I'm trying to think under what circumstances a CHL holder would be convicted defined as UNLAWFUL CARRYING WEAPON, and the only thing I can think of is a violation and conviction under P.C. 30.06.

I wish the DPS report would state what statutes were violated that resulted in those 14 convictions. I tried searching for that answer but came up empty.

UCW is PC 46.02 and trespass is not an element of the statute. Per the statistics NO ONE has been convicted of 30.06. What got a CHL convicted of 46.02...? I don't know... The only thing I can think of is carrying without a CHL in your possession or while it was suspended. But nonetheless it's not a conviction for 30.06.

Perhaps the individual was OC before it was legal or had their gun visible in their vehicle.

Those would be 46.035 violations if one had a CHL. Only thing I can come up with is not having the CHL on you or it being suspended.

Most likely a plea bargain on some other violation, or failure to present your 46.15 defense afforded by CHL, so you got convicted.

[casp625]

Maybe the person had a valid CHL but was involved with some gang activity and was charged under 46.02?

[txpilot]

Of course there's always the possibility that the CHL was carrying an illegal knife, knuckles, etc. Those aren't covered with a CHL/LTC.

[ScottDLS]

Of course there's always the possibility that the CHL was carrying an illegal knife, knuckles, etc. Those aren't covered with a CHL/LTC.

By the letter of the law they are covered if you are also carrying a handgun, but I think you are most likely right.

[ScottDLS]

Maybe the person had a valid CHL but was involved with some gang activity and was charged under 46.02?

If you have a CHL you are exempt from 46.02 even if you are involved in gang activity.

[goose]

I need an "eating popcorn" emoticon, but not with a sarcastic tone. Just a watching a learning tone.