% of Gun Crimes by CCW Holders

This is a discussion on % of Gun Crimes by CCW Holders within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Colin Care to explain this to a dumb Canuk? UNLAWFULLY CARRYING HANDGUN BY LICENSE HOLDER (Title 10, Chapter 46) I believe this ...

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  1. #16
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    Quote Originally Posted by Colin
    Care to explain this to a dumb Canuk?

    UNLAWFULLY CARRYING HANDGUN BY LICENSE HOLDER (Title 10, Chapter 46)
    I believe this would be a license holder carrying in a place prohibited by the law. In Alabama this would be a public K-12 school or a courthouse. Some states it would be in establishments that sell alcohol. I do not know what restrictions Texas puts on license holders.
    George

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  3. #17
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    Quote Originally Posted by rstickle
    R&G, I think to really answer the question being asked you'd have to compare the number of holders convicted to the total number of Texas CC's. (Where is Euc?)
    The data is off of the Texas site, and tracks the offenses by CHL Holders relative to the total offenses state wide. The other data is probably available, but I didn 't take the time to dig it up. Euc might know what comparisons are the most valid. Or a statistician? Actuary? Anyone???

    Quote Originally Posted by Colin
    Care to explain this to a dumb Canuk?

    UNLAWFULLY CARRYING HANDGUN BY LICENSE HOLDER (Title 10, Chapter 46)
    This is a statute that requires a CHL Holder to follow all provisions of the law pursuant to the government granting of the authority to carry. I think this is what they're saying "A CHL holder was guilty of one of these..." It's long...Here goes; Chapter 10:

    PC CH. 46. WEAPONS
    PC §46.01. DEFINITIONS. In this Chapter:
    (1) "Club" means an instrument that is specially designed, made,
    or adapted for the purpose of inflicting serious bodily injury or death by
    striking a person with the instrument, and includes but is not limited to
    the following:
    (A) blackjack;
    (B) nightstick;
    (C) mace;
    (D) tomahawk.
    (2) "Explosive weapon" means any explosive or incendiary bomb,
    grenade, rocket, or mine, that is designed, made, or adapted for the
    purpose of inflicting serious bodily injury, death, or substantial property
    damage, or for the principal purpose of causing such a loud report as
    to cause undue public alarm or terror, and includes a device designed,
    made, or adapted for delivery or shooting an explosive weapon.
    (3) "Firearm" means any device designed, made, or adapted to
    expel a projectile through a barrel by using the energy generated by an
    explosion or burning substance or any device readily convertible to
    that use. Firearm does not include a firearm that may have, as an integral
    part, a folding knife blade or other characteristics of weapons
    made illegal by this chapter and that is:
    (A) an antique or curio firearm manufactured before 1899; or
    (B) a replica of an antique or curio firearm manufactured before
    1899, but only if the replica does not use rim fire or center fire ammunition.
    (4) "Firearm silencer" means any device designed, made, or
    adapted to muffle the report of a firearm.
    (5) "Handgun" means any firearm that is designed, made, or
    adapted to be fired with one hand.
    (6) "Illegal knife" means a:
    (A) knife with a blade over five and one-half inches;
    (B) hand instrument designed to cut or stab another by being
    thrown;
    (C) dagger, including but not limited to a dirk, stiletto, and poniard;
    (D) bowie knife;
    (E) sword; or
    (F) spear.
    (7) "Knife" means any bladed hand instrument that is capable of
    inflicting serious bodily injury or death by cutting or stabbing a person
    with the instrument.
    (8) "Knuckles" means any instrument that consists of finger rings
    or guards made of a hard substance and that is designed, made, or
    adapted for the purpose of inflicting serious bodily injury or death by
    striking a person with a fist enclosed in the knuckles.
    (9) "Machine gun" means any firearm that is capable of shooting
    more than two shots automatically, without manual reloading, by a single
    function of the trigger.
    34 PC §46.02. TEXAS CONCEALED HANDGUN LAWS
    (10) "Short-barrel firearm" means a rifle with a barrel length of less
    than 16 inches or a shotgun with a barrel length of less than 18 inches,
    or any weapon made from a shotgun or rifle if, as altered, it has an
    overall length of less than 26 inches.
    (11) "Switchblade knife" means any knife that has a blade that
    folds, closes, or retracts into the handle or sheath, and that:
    (A) opens automatically by pressure applied to a button or other
    device located on the handle; or
    (B) opens or releases a blade from the handle or sheath by the
    force of gravity or by the application of centrifugal force.
    (12) "Armor-piercing ammunition" means handgun ammunition
    that is designed primarily for the purpose of penetrating metal or body
    armor and to be used principally in pistols and revolvers.
    (13) "Hoax bomb" means a device that:
    (A) reasonably appears to be an explosive or incendiary device;
    or
    (B) by its design causes alarm or reaction of any type by an official
    of a public safety agency or a volunteer agency organized to deal
    with emergencies.
    (14) "Chemical dispensing device" means a device, other than a
    small chemical dispenser sold commercially for personal protection,
    that is designed, made, or adapted for the purpose of dispensing a
    substance capable of causing an adverse psychological or physiological
    effect on a human being.
    (15) "Racetrack" has the meaning assigned that term by the
    Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
    (16) "Zip gun" means a device or combination of devices that was
    not originally a firearm and is adapted to expel a projectile through a
    smooth-bore or rifled-bore barrel by using the energy generated by an
    explosion or burning substance.
    PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
    an offense if he intentionally, knowingly, or recklessly carries on or
    about his person a handgun, illegal knife, or club.
    (b) Except as provided by Subsection (c), an offense under this
    section is a Class A misdemeanor.
    (c) An offense under this section is a felony of the third degree if the
    offense is committed on any premises licensed or issued a permit by
    this state for the sale of alcoholic beverages.
    PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
    an offense if the person intentionally, knowingly, or recklessly possesses
    or goes with a firearm, illegal knife, club, or prohibited weapon
    listed in Section 46.05(a):
    (1) on the physical premises of a school or educational institution,
    any grounds or building on which an activity sponsored by a school or
    educational institution is being conducted, or a passenger transportation
    vehicle of a school or educational institution, whether the school or
    educational institution is public or private, unless pursuant to written
    regulations or written authorization of the institution;
    TEXAS CONCEALED HANDGUN LAWS PC §46.03. 35
    (2) on the premises of a polling place on the day of an election or
    while early voting is in progress;
    (3) on the premises of any government court or offices utilized by
    the court, unless pursuant to written regulations or written authorization
    of the court;
    (4) on the premises of a racetrack; or
    (5) in or into a secured area of an airport.
    (6) within 1,000 feet of premises the location of which is designated
    by the Texas Department of Criminal Justice as a place of
    execution under Article 43.19, Code of Criminal Procedure, on a day
    that a sentence of death is set to be imposed on the designated
    premises and the person received notice that:
    (A) going within 1,000 feet of the premises with a weapon listed
    under this subsection was prohibited; or
    (B) possessing a weapon listed under this subsection within
    1,000 feet of the premises was prohibited.
    (b) It is a defense to prosecution under Subsections (a)(1)-(4) that
    the actor possessed a firearm while in the actual discharge of his official
    duties as a member of the armed forces or national guard or a
    guard employed by a penal institution, or an officer of the court.
    (c) In this section:
    (1) "Premises" has the meaning assigned by Section 46.035.
    (2) "Secured area" means an area of an airport terminal building
    to which access is controlled by the inspection of persons and property
    under federal law.
    (d) It is a defense to prosecution under Subsection (a)(5) that the
    actor possessed a firearm or club while traveling to or from the actor's
    place of assignment or in the actual discharge of duties as:
    (1) a member of the armed forces or national guard;
    (2) a guard employed by a penal institution; or
    (3) a security officer commissioned by the Texas Board of Private
    Investigators and Private Security Agencies if:
    (A) the actor is wearing a distinctive uniform; and
    (B) the firearm or club is in plain view; or
    (4)* *(deleted by Acts 1995, 74th Leg., ch. 318.)
    (5) a security officer who holds a personal protection authorization
    under the Private Investigators and Private Security Agencies Act (Article
    4413(29bb), Vernon's Texas Civil Statutes).
    (e) It is a defense to prosecution under Subsection (a)(5) that the
    actor checked all firearms as baggage in accordance with federal or
    state law or regulations before entering a secured area.
    (f) It is not a defense to prosecution under this section that the actor
    possessed a handgun and was licensed to carry a concealed handgun
    under Subchapter H, Chapter 411, Government Code.
    (g) An offense under this section is a third degree felony.
    (h) It is a defense to prosecution under Subsection (a)(4) that the
    actor possessed a firearm or club while traveling to or from the actor's
    place of assignment or in the actual discharge of duties as a security
    officer commissioned by the Texas Board of Private Investigators and
    Private Security Agencies, if:
    36 PC §46.035. TEXAS CONCEALED HANDGUN LAWS
    (1) the actor is wearing a distinctive uniform; and
    (2) the firearm or club is in plain view.
    (i) It is an exception to the application of Subsection (a)(6) that the
    actor possessed a firearm or club:
    (1) while in a vehicle being driven on a public road; or
    (2) at the actor's residence or place of employment.
    PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
    HOLDER. (a) A license holder commits an offense if the license
    holder carries a handgun on or about the license holder's person
    under the authority of Subchapter H, Chapter 411, Government Code,
    and intentionally fails to conceal the handgun.
    (b) A license holder commits an offense if the license holder intentionally,
    knowingly, or recklessly carries a handgun under the authority
    of Subchapter H, Chapter 411, Government Code, regardless of
    whether the handgun is concealed, on or about the license holder's
    person:
    (1) on the premises of a business that has a permit or license issued
    under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if
    the business derives 51 percent or more of its income from the sale or
    service of alcoholic beverages for on-premises consumption, as determined
    by the Texas Alcoholic Beverage Commission under Section
    104.06, Alcoholic Beverage Code;
    (2) on the premises where a high school, collegiate, or professional
    sporting event or interscholastic event is taking place, unless
    the license holder is a participant in the event and a handgun is used
    in the event;
    (3) on the premises of a correctional facility;
    (4) on the premises of a hospital licensed under Chapter 241,
    Health and Safety Code, or on the premises of a nursing home licensed
    under Chapter 242, Health and Safety Code, unless the license
    holder has written authorization of the hospital or nursing home
    administration, as appropriate;
    (5) in an amusement park; or
    (6) on the premises of a church, synagogue, or other established
    place of religious worship.
    (c) A license holder commits an offense if the license holder intentionally,
    knowingly, or recklessly carries a handgun under the authority
    of Subchapter H, Chapter 411, Government Code, regardless of
    whether the handgun is concealed, at any meeting of a governmental
    entity.
    (d) A license holder commits an offense if, while intoxicated, the
    license holder carries a handgun under the authority of Subchapter H,
    Chapter 411, Government Code, regardless of whether the handgun is
    concealed.
    (e) A license holder who is licensed as a security officer under
    Chapter 1702, Occupations Code, and employed as a security officer
    commits an offense if, while in the course and scope of the security
    officer's employment, the security officer violates a provision of
    Subchapter H, Chapter 411, Government Code.
    TEXAS CONCEALED HANDGUN LAWS PC §46.04. 37
    (f) In this section:
    (1) "Amusement park" means a permanent indoor or outdoor
    facility or park where amusement rides are available for use by the
    public that is located in a county with a population of more than one
    million, encompasses at least 75 acres in surface area, is enclosed
    with access only through controlled entries, is open for operation more
    than 120 days in each calendar year, and has security guards on the
    premises at all times. The term does not include any public or private
    driveway, street, sidewalk or walkway, parking lot, parking garage, or
    other parking area.
    (2) "License holder" means a person licensed to carry a handgun
    under Subchapter H, Chapter 411, Government Code.
    (3) "Premises" means a building or a portion of a building. The
    term does not include any public or private driveway, street, sidewalk
    or walkway, parking lot, parking garage, or other parking area.
    (g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A
    misdemeanor, unless the offense is committed under Subsection
    (b)(1) or (b)(3), in which event the offense is a felony of the third
    degree.
    (h) It is a defense to prosecution under Subsection (a) that the
    actor, at the time of the commission of the offense, displayed the
    handgun under circumstances in which the actor would have been
    justified in the use of deadly force under Chapter 9.
    (i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
    was not given effective notice under Section 30.06.
    (j) Subsections (a) and (b)(1) do not apply to a historical reenactment
    performed in compliance with the rules of the Texas Alcoholic
    Beverage Commission.
    PC §46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person
    who has been convicted of a felony commits an offense if he
    possesses a firearm:
    (1) after conviction and before the fifth anniversary of the person's
    release from confinement following conviction of the felony or the person's
    release from supervision under community supervision, parole,
    or mandatory supervision, whichever date is later; or
    (2) after the period described by Subdivision (1), at any location
    other than the premises at which the person lives.
    (b) A person who has been convicted of an offense under Section
    22.01, punishable as a Class A misdemeanor and involving a member
    of the person's family or household, commits an offense if the person
    possesses a firearm before the fifth anniversary of the later of:
    (1) the date of the person's release from confinement following
    conviction of the misdemeanor; or
    (2) the date of the person's release from community supervision
    following conviction of the misdemeanor.
    (c) A person, other than a peace officer, as defined by Section 1.07,
    actively engaged in employment as a sworn, full-time paid employee
    of a state agency or political subdivision, who is subject to an order
    issued under Section 6.504 or Chapter 85, Family Code, under Article
    38 PC §46.041. TEXAS CONCEALED HANDGUN LAWS
    17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction
    as provided by Chapter 88, Family Code, commits an offense if
    the person possesses a firearm after receiving notice of the order and
    before expiration of the order.
    (d) In this section, "family," "household," and "member of a household"
    have the meanings assigned by Chapter 71, Family Code.
    (e) An offense under Subsection (a) is a felony of the third degree.
    An offense under Subsection (b) or (c) is a Class A misdemeanor.
    PC §46.041. UNLAWFUL POSSESSION OF METAL OR BODY
    ARMOR BY FELON. (a) In this section, "metal or body armor" means
    any body covering manifestly designed, made, or adapted for the
    purpose of protecting a person against gunfire.
    (b) A person who has been convicted of a felony commits an
    offense if after the conviction the person possesses metal or body
    armor.
    (c) An offense under this section is a felony of the third degree.
    PC §46.05. PROHIBITED WEAPONS. (a) A person commits an
    offense if he intentionally or knowingly possesses, manufactures,
    transports, repairs, or sells:
    (1) an explosive weapon;
    (2) a machine gun;
    (3) a short-barrel firearm;
    (4) a firearm silencer;
    (5) a switchblade knife;
    (6) knuckles;
    (7) armor-piercing ammunition;
    (8) a chemical dispensing device; or
    (9) a zip gun.
    (b) It is a defense to prosecution under this section that the actor's
    conduct was incidental to the performance of official duty by the armed
    forces or national guard, a governmental law enforcement agency, or a
    correctional facility.
    (c) It is a defense to prosecution under this section that the actor's
    possession was pursuant to registration pursuant to the National Firearms
    Act, as amended.
    (d) It is an affirmative defense to prosecution under this section that
    the actor's conduct:
    (1) was incidental to dealing with a switchblade knife, springblade
    knife, or short-barrel firearm solely as an antique or curio; or
    (2) was incidental to dealing with armor-piercing ammunition
    solely for the purpose of making the ammunition available to an organization,
    agency, or institution listed in Subsection (b).
    (e) An offense under this section is a felony of the third degree
    unless it is committed under Subsection (a)(5) or (a)(6), in which
    event, it is a Class A misdemeanor.
    (f) It is a defense to prosecution under this section for the possession
    of a chemical dispensing device that the actor is a security officer
    TEXAS CONCEALED HANDGUN LAWS PC §46.06. 39
    and has received training on the use of the chemical dispensing device
    by a training program that is:
    (1) provided by the Commission on Law Enforcement Officer
    Standards and Education; or
    (2) approved for the purposes described by this subsection by
    the Texas Private Security Board of the Department of Public Safety.
    (g) In Subsection (f), "security officer" means a commissioned security
    officer as defined by Section 1702.002, Occupations Code, or a
    noncommissioned security officer registered under Section 1702.221,
    Occupations Code.
    PC §46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS.
    (a) A person commits an offense if the person:
    (1) sells, rents, leases, loans, or gives a handgun to any person
    knowing that the person to whom the handgun is to be delivered intends
    to use it unlawfully or in the commission of an unlawful act;
    (2) intentionally or knowingly sells, rents, leases, or gives or offers
    to sell, rent, lease, or give to any child younger than 18 years any
    firearm, club, or illegal knife;
    (3) intentionally, knowingly, or recklessly sells a firearm or ammunition
    for a firearm to any person who is intoxicated;
    (4) knowingly sells a firearm or ammunition for a firearm to any
    person who has been convicted of a felony before the fifth anniversary
    of the later of the following dates:
    (A) the person's release from confinement following conviction
    of the felony; or
    (B) the person's release from supervision under community supervision,
    parole, or mandatory supervision following conviction of the
    felony;
    (5) sells, rents, leases, loans, or gives a handgun to any person
    knowing that an active protective order is directed to the person to
    whom the handgun is to be delivered; or
    (6) knowingly purchases, rents, leases, or receives as a loan or
    gift from another a handgun while an active protective order is directed
    to the actor.
    (b) In this section:
    (1) "Intoxicated" means substantial impairment of mental or physical
    capacity resulting from introduction of any substance into the body.
    (2) "Active protective order" means a protective order issued
    under Title 4, Family Code, that is in effect. The term does not include
    a temporary protective order issued before the court holds a hearing
    on the matter.
    (c) It is an affirmative defense to prosecution under Subsection
    (a)(2) that the transfer was to a minor whose parent or the person
    having legal custody of the minor had given written permission for the
    sale or, if the transfer was other than a sale, the parent or person
    having legal custody had given effective consent.
    (d) An offense under this section is a Class A misdemeanor, except
    that an offense under Subsection (a)(2) is a state jail felony if the
    weapon that is the subject of the offense is a handgun.
    40 PC §46.07. TEXAS CONCEALED HANDGUN LAWS
    PC §46.07. INTERSTATE PURCHASE. A resident of this state may, if
    not otherwise precluded by law, purchase firearms, ammunition, reloading
    components, or firearm accessories in contiguous states. This
    authorization is enacted in conformance with Section 922(b)(3)(A),
    Public Law 90-618, 90th Congress.
    PC §46.08. HOAX BOMBS. (a) A person commits an offense if the
    person knowingly manufactures, sells, purchases, transports, or
    possesses a hoax bomb with intent to use the hoax bomb to:
    (1) make another believe that the hoax bomb is an explosive or incendiary
    device; or
    (2) cause alarm or reaction of any type by an official of a public
    safety agency or volunteer agency organized to deal with emergencies.
    (b) An offense under this section is a Class A misdemeanor.
    PC §46.09. COMPONENTS OF EXPLOSIVES. (a) A person commits
    an offense if the person knowingly possesses components of an explosive
    weapon with the intent to combine the components into an explosive
    weapon for use in a criminal endeavor.
    (b) An offense under this section is a felony of the third degree.
    PC §46.10. DEADLY WEAPON IN PENAL INSTITUTION. (a) A person
    commits an offense if, while confined in a penal institution, he intentionally,
    knowingly, or recklessly:
    (1) carries on or about his person a deadly weapon; or
    (2) possesses or conceals a deadly weapon in the penal institution.
    (b) It is an affirmative defense to prosecution under this section that
    at the time of the offense the actor was engaged in conduct authorized
    by an employee of the penal institution.
    (c) A person who is subject to prosecution under both this section
    and another section under this Chapter may be prosecuted under
    either section.
    (d) An offense under this section is a felony of the third degree.
    PC §46.11. PENALTY IF OFFENSE COMMITTED WITHIN
    WEAPON-FREE SCHOOL ZONE. (a) Except as provided by Subsection
    (b), the punishment prescribed for an offense under this chapter
    is increased to the punishment prescribed for the next highest
    category of offense if it is shown beyond a reasonable doubt on the trial
    of the offense that the actor committed the offense in a place that
    the actor knew was:
    (1) within 300 feet of the premises of a school; or
    (2) on premises where:
    (A) an official school function is taking place; or
    (B) an event sponsored or sanctioned by the University Interscholastic
    League is taking place.
    (b) This section does not apply to an offense under Section
    46.03(a)(1).
    TEXAS CONCEALED HANDGUN LAWS PC §46.13. 41
    (c) In this section, "institution of higher education," "premises," and
    "school" have the meanings assigned by Section 481.134, Health and
    Safety Code.
    PC §46.12. MAPS AS EVIDENCE OF LOCATION OR AREA. (a)
    In a prosecution of an offense for which punishment is increased
    under Section 46.11, a map produced or reproduced by a municipal or
    county engineer for the purpose of showing the location and boundaries
    of weapon-free zones is admissible in evidence and is prima
    facie evidence of the location or boundaries of those areas if the
    governing body of the municipality or county adopts a resolution or
    ordinance approving the map as an official finding and record of the
    location or boundaries of those areas.
    (b) A municipal or county engineer may, on request of the governing
    body of the municipality or county, revise a map that has been
    approved by the governing body of the municipality or county as
    provided by Subsection (a).
    (c) A municipal or county engineer shall file the original or a copy of
    every approved or revised map approved as provided by Subsection
    (a) with the county clerk of each county in which the area is located.
    (d) This section does not prevent the prosecution from:
    (1) introducing or relying on any other evidence or testimony to
    establish any element of an offense for which punishment is increased
    under Section 46.11; or
    (2) using or introducing any other map or diagram otherwise
    admissible under the Texas Rules of Evidence.
    PC §46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD.
    (a) In this section:
    (1) "Child" means a person younger than 17 years of age.
    (2) "Readily dischargeable firearm" means a firearm that is
    loaded with ammunition, whether or not a round is in the chamber.
    (3) "Secure" means to take steps that a reasonable person would
    take to prevent the access to a readily dischargeable firearm by a
    child, including but not limited to placing a firearm in a locked container
    or temporarily rendering the firearm inoperable by a trigger lock or
    other means
    (b) A person commits an offense if a child gains access to a readily
    dischargeable firearm and the person with criminal negligence:
    (1) failed to secure the firearm; or
    (2) left the firearm in a place to which the person knew or should
    have known the child would gain access.
    (c) It is an affirmative defense to prosecution under this section that
    the child's access to the firearm:
    (1) was supervised by a person older than 18 years of age and
    was for hunting, sporting, or other lawful purposes;
    (2) consisted of lawful defense by the child of people or property;
    (3) was gained by entering property in violation of this code; or
    (4) occurred during a time when the actor was engaged in an agricultural
    enterprise.
    42 PC §46.15. TEXAS CONCEALED HANDGUN LAWS
    (d) Except as provided by Subsection (e), an offense under this
    section is a Class C misdemeanor.
    (e) An offense under this section is a Class A misdemeanor if the
    child discharges the firearm and causes death or serious bodily injury
    to himself or another person.
    (f) A peace officer or other person may not arrest the actor before
    the seventh day after the date on which the offense is committed if:
    (1) the actor is a member of the family, as defined by Section
    71.003, Family Code, of the child who discharged the firearm; and
    (2) the child in discharging the firearm caused the death of or serious
    injury to the child.
    (g) A dealer of firearms shall post in a conspicuous position on the
    premises where the dealer conducts business a sign that contains the
    following warning in block letters not less than one inch in height:
    "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED
    FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY
    TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."
    PC §46.14. [Blank.]
    PC §46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do
    not apply to:
    (1) peace officers or special investigators under Article 2.122,
    Code of Criminal Procedure, and neither section prohibits a peace officer
    or special investigator from carrying a weapon in this state, including
    in an establishment in this state serving the public, regardless
    of whether the peace officer or special investigator is engaged in the
    actual discharge of the officer's or investigator's duties while carrying
    the weapon;
    (2) parole officers and neither section prohibits an officer from
    carrying a weapon in this state if the officer is:
    (A) engaged in the actual discharge of the officer's duties while
    carrying the weapon; and
    (B) in compliance with policies and procedures adopted by the
    Texas Department of Criminal Justice regarding the possession of a
    weapon by an officer while on duty;
    (3) community supervision and corrections department officers
    appointed or employed under Section 76.004, Government Code, and
    neither section prohibits an officer from carrying a weapon in this state
    if the officer is:
    (A) engaged in the actual discharge of the officer's duties while
    carrying the weapon; and
    (B) authorized to carry a weapon under Section 76.0051, Government
    Code;
    (4) a judge or justice of a federal court, the supreme court, the
    court of criminal appeals, a court of appeals, a district court, a criminal
    district court, a constitutional county court, a statutory county court, a
    justice court, or a municipal court who is licensed to carry a concealed
    handgun under Subchapter H, Chapter 411, Government Code;
    TEXAS CONCEALED HANDGUN LAWS PC §46.15. 43
    (5) an honorably retired peace officer or federal criminal investigator
    who holds a certificate of proficiency issued under Section
    1701.357, Occupations Code, and is carrying a photo identification
    that:
    (A) verifies that the officer honorably retired after not less than
    15 years of service as a commissioned officer; and
    (B) is issued by a state or local law enforcement agency; or
    (6) a district attorney, criminal district attorney, or county attorney
    who is licensed to carry a concealed handgun under Subchapter H,
    Chapter 411, Government Code.
    (b) Section 46.02 does not apply to a person who:
    [inconsistent amendments to the same provision]
    (1)* *[as added by Acts 1997, 75th Leg., ch. 1261 §28, last legis. act: 06-01-97 (and therefore,
    probably effective.] is in the actual discharge of official duties as a member
    of the armed forces or state military forces as defined by Section
    431.001, Government Code, or as a guard employed by a penal institution;
    (1)* *[as added by Acts 1997, 75th Leg., ch. 1221, last legis. act: 05-31-97 (and therefore, probably
    NOT effective.] is in the actual discharge of official duties as a member of
    the armed forces or state military forces as defined by Section
    431.001, Government Code, or as an employee of a penal institution
    who is performing a security function;
    (2) is on the person's own premises or premises under the person's
    control unless the person is an employee or agent of the owner
    of the premises and the person's primary responsibility is to act in the
    capacity of a security guard to protect persons or property, in which
    event the person must comply with Subdivision (5);
    (3) is traveling;
    (4) is engaging in lawful hunting, fishing, or other sporting activity
    on the immediate premises where the activity is conducted, or is
    directly en route between the premises and the actor's residence, if the
    weapon is a type commonly used in the activity;
    (5) holds a security officer commission issued by the Texas Board
    of Private Investigators and Private Security Agencies, if:
    (A) the person is engaged in the performance of the person's
    duties as a security officer or traveling to and from the person's place
    of assignment;
    (B) the person is wearing a distinctive uniform; and
    (C) the weapon is in plain view;
    (6) is carrying a concealed handgun and a valid license issued
    under Article 4413(29ee), Revised Statutes, to carry a concealed
    handgun of the same category as the handgun the person is carrying;
    (7) holds a security officer commission and a personal protection
    authorization issued by the Texas Board of Private Investigators and
    Private Security Agencies and who is providing personal protection
    44 PC §46.15. TEXAS CONCEALED HANDGUN LAWS
    under the Private Investigators and Private Security Agencies Act (Article
    4413(29bb), Vernon's Texas Civil Statutes); or
    (8) holds an alcoholic beverage permit or license or is an employee
    of a holder of an alcoholic beverage permit or license if the person
    is supervising the operation of the permitted or licensed premises.
    (c) The provision of Section 46.02 prohibiting the carrying of a club
    does not apply to a noncommissioned security guard at an institution
    of higher education who carries a nightstick or similar club, and who
    has undergone 15 hours of training in the proper use of the club,
    including at least seven hours of training in the use of the club for
    nonviolent restraint. For the purposes of this subsection, "nonviolent
    restraint" means the use of reasonable force, not intended and not
    likely to inflict bodily injury.
    (d) The provisions of Section 46.02 prohibiting the carrying of a
    firearm or carrying of a club do not apply to a public security officer
    employed by the adjutant general under Section 431.029, Government
    Code, in performance of official duties or while traveling to or from a
    place of duty.
    (e) The provisions of Section 46.02 prohibiting the carrying of an
    illegal knife do not apply to an individual carrying a bowie knife or a
    sword used in a historical demonstration or in a ceremony in which the
    knife or sword is significant to the performance of the ceremony.
    (f) Section 46.03(a)(6) does not apply to a person who possesses a
    firearm or club while in the actual discharge of official duties as:
    (1) a member of the armed forces or state military forces, as
    defined by Section 431.001, Government Code; or
    (2) an employee of a penal institution.
    (g) * *[repealed by Act effective September 1, 2005, 79th Leg., R.S., H.B. 2110, §4 and SB 578, §3.]
    (h) For the purpose of Subsection (b)(2), "premises" includes a
    recreational vehicle that is being used by the person carrying the
    handgun, illegal knife, or club as living quarters, regardless of whether
    that use is temporary or permanent. In this subsection, "recreational
    vehicle" means a motor vehicle primarily designed as temporary living
    quarters or a vehicle that contains temporary living quarters and is
    designed to be towed by a motor vehicle. The term includes a travel
    trailer, camping trailer, truck camper, motor home, and horse trailer
    with living quarters.
    (i) For purposes of Subsection (b)(3), a person is presumed to be
    traveling if the person is:
    (1) in a private motor vehicle;
    (2) not otherwise engaged in criminal activity, other than a Class
    C misdemeanor that is a violation of a law or ordinance regulating
    traffic;
    (3) not otherwise prohibited by law from possessing a firearm;
    (4) not a member of a criminal street gang, as defined by Section
    71.01; and
    (5) not carrying a handgun in plain view.
    Richard

    NRA Life Member

    "But if they don't exist, how can a man see them?"

    "You may think I'm pompous, but actually I'm pedantic... let me explain the difference."

    "Carry the battle to them. Don't let them bring it to you. Put them on the defensive and don't ever apologize for anything."

  4. #18
    Distinguished Member Array RSSZ's Avatar
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    In Flah-Dah if you do not have your CWP on your person while carring a weapon,it is a "noncriminal violation with a penalty of $25,payable to the clerk of the court.

    Since I do not carry a wallett I had the CWP duplicated and laminated. I carry a copy of this somewhere on my person along with my drivers license. If the LEO will not accept this over the origional(they look idenical) I'll go down a pay my $25 fine.------

  5. #19
    Moderator
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    I've been thinking about the Texas comparison. I think the valid comparison is the percentage represented by dividing CHL Holder Convictions by total CHL Holders state-wide. This percentage would then be compared to the percentage represented by dividing non-CHL holders by total adult residents state-wide. By comparing these two percentages, one could roughly determine if CHL holders are more or less likely, based on raw data, to be convicted of such crimes than the OVERALL population - I DON"T think it would say anything else. there's also a great possibility for error because the possibility of multiple offenses by one party is not isolated, the data is just not sliced finely enough, the impact of juvenile crimes being included or excluded, and as some folksy fella once said "There are lies, and then there are statistics". I don't think this exercise would be particular relevent to be honest.

    Richard

    NRA Life Member

    "But if they don't exist, how can a man see them?"

    "You may think I'm pompous, but actually I'm pedantic... let me explain the difference."

    "Carry the battle to them. Don't let them bring it to you. Put them on the defensive and don't ever apologize for anything."

  6. #20
    Senior Member Array madmike's Avatar
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    Since I do not carry a wallett I had the CWP duplicated and laminated. I carry a copy of this somewhere on my person along with my drivers license. If the LEO will not accept this over the origional(they look idenical) I'll go down a pay my $25 fine.------
    RSSZ,

    I don't quite understand this. FL law requires you to have your permit on your person any time you are carrying. I think you'll find that a copy will not do. It will be obvious to any LEO that it is a copy, since the FL permit has several holograms across the front. And this will likely make his first impression that it is a forgery.

    You carry your DL with you? Then why not put your CWP with it and put a rubber band around them? One is just as easily replaced as another and you'll avoid potential problems and stay "legal."

    mm
    Political Correctness has now "evolved" into Political Cowardice.

  7. #21
    VIP Member
    Array Miggy's Avatar
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    Smart Money Clip
    You can carry your ID, CWP and DL plus cash
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

    Ego will kill you. Leave it at home.
    Signed: Me!

  8. #22
    Moderator
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    I Don't Understand...

    If I choose to go LIGHTLY, I take just my driver's lic...I certainly wouldn't expect the LEO to accept a photo copy of my driver lic...why would I expect any more with a copy of my firearms lic?

    They both have sealed plastic coating...so the beach or any other place should be no problem.

    So again...why would someone want a "copy" ????????

    You lost me!

    ret
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  9. #23
    Senior Member Array rachilders's Avatar
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    I can't say for every state, but for TX and most states I have seen reports on, CC licence holders have a very low arrest rate. The percent of license holder that are arrested for violent crime tends to run at less than a 1% nation wide average from what I've read, with most states at 0.5 or so.

    Considering the fact that by design, virtually all CC permit holders own and carry guns, the percentage is extremely small.
    "... Americans... we want a safe home, to keep the money we make and shoot bad guys." -- Denny Crane

  10. #24
    Senior Member Array rachilders's Avatar
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    Quote Originally Posted by RSSZ View Post
    ...
    Since I do not carry a wallett I had the CWP duplicated and laminated. I carry a copy of this somewhere on my person along with my drivers license. If the LEO will not accept this over the origional(they look idenical) I'll go down a pay my $25 fine.------

    I do the exact opposite. I carry my original DL & CCL and keep copies of my DL, CCL, military ID and other important ID's at home. If I do loose an ID, I have copies for the state or whoever to use for info purposes and something for me to carry until I can have the original replaced.

    It may not be exactly legal in most places to use a copy of an ID, but I'd rather have the copy (until it's replaced) than nothing at all.
    "... Americans... we want a safe home, to keep the money we make and shoot bad guys." -- Denny Crane

  11. #25
    Distinguished Member Array AutoFan's Avatar
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    I can't quote the exact figures or the source, but I seem to remember that CCW holders commit fewer crimes as a percentage than police officers, who are trusted by almost everyone to carry guns openly.

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