What happens to PC 46.02 (if anything)?

[Texas_Blaze]

IANAL and you are probably not either, but I know some folks on this forum have a much better grasp of the laws than I do. I have been thinking, what happens to PC 46.02 with OC by CHL holder becoming legal next year?

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 or watercraft 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 or watercraft 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

specifically "handgun in plain view"?

Is an amendment to the PC to allow for CHL holder to not be subject to criminal prosecution needed?

[sugar land dave]

Yes, I have been wondering about that also in light of OC. Would plain view inside of the auto be allowed for chl if the firearm was in a shoulder or belt holster? How would officers approaching your window respond to the sight of a shoulder holster?

[oljames3]

IANAL and you are probably not either, but I know some folks on this forum have a much better grasp of the laws than I do. I have been thinking, what happens to PC 46.02 with OC by CHL holder becoming legal next year?

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 or watercraft 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 or watercraft 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

specifically "handgun in plain view"?

Is an amendment to the PC to allow for CHL holder to not be subject to criminal prosecution needed?

HB910 calls for 46.02 (a-1) PC to be amended:

SECTION 46. Section 46.02 (a-1), Penal Code, is amended to read as follows:
(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 or watercraft that is owned by the person or under the person ’s control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or ...

http://www.capitol.state.tx.us/tlodocs/ ... navpanes=0