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With all the negative media on guns...I wonder just how many of the crimes that involve weapons are done by legal CCW holders.

I wish the news would figure out that it is the idiot behind the trigger that does the crime....not the gun itself:rant:
 

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Not Sure Of The Exact % Nationwide

It's EXTREMELY LOW though.
Here in PGH it is a fraction of 1% ~ if even that.
And PGH is Shall Issue with absolutely no testing - no required range time or any sort qualification required except for the thorough background check.
 

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In Mi is something like .004% such a small number it is insignificant.
 

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I believe states track the revocation of CHL licenses for various CHL infractions. Here are the 2001 statistics for Texas.

2001 Conviction Rates of CHL Holders (Texas):

OFFENSE : Statistics, In Order:

Conviction Count of Licensed Individuals*
Conviction Count of Non-Licensed Individuals**

Percentage of Total Convictions Committed by Licensed Individuals

MURDER (Title 5, Chapter 19)

1
157

0.63%

KIDNAPPING (Title 5, Chapter 20)

0
124

0.00%

SEXUAL ASSAULT (Title 5, Chapter 21)

9
1,359

0.66%

ROBBERY (Title 7, Chapter 29)

0
1,360

0.00%

AGGRAVATED ASSAULT (Title 5, Chapter 22)

17
2,259

0.75%

ASSAULT (Title 5, Chapter 22)

54
17,309

0.31%

TERRORISTIC THREAT (Title 5, Chapter 22)

5
1,229

0.41%

BURGLARY (Title 7, Chapter 30)

1
5,675

0.02%

INDECENCY WITH A CHILD (Title 5, Chapter 22)

19
929

2.00%

INDECENT EXPOSURE (Title 5, Chapter 22)

5
543

0.91%

FAIL OR REFUSE TO DISPLAY CONCEALED HANDGUN LICENSE (Subchapter H)

0
0

0.00%

UNLAWFULLY CARRYING HANDGUN BY LICENSE HOLDER (Title 10, Chapter 46)


25
0

100.00%

UNLAWFULLY CARRYING WEAPON (Title 10, Chapter 46)

22
2,905

0.75%

POSSESSION OF COMPONENTS OF EXPLOSIVES (Title 10, Chapter 46)

0
4

0.00%

UNLAWFUL POSSESSION OF FIREARM BY FELON
(WEAPONS FREE ZONE) (Title 10, Chapter 46)


0
1

0.00%

DEADLY CONDUCT DISCHARGE FIREARM
(Title 10, Chapter 46)


1
102

0.97%

HOAX BOMBS (Title 10, Chapter 46)

0
2

0.00%

MAKE FIREARM ACCESSIBLE TO CHILD DEATH/SERIOUS BODILY INJURY (Title 10, Chapter 46)

0
5

0.00%

HARASSMENT (Title 5, Chapter 22)

21
1,013

2.03%

COERCE SOLICIT INDUCE GANG MEMBERSHIP
(Title 5, Chapter 22)


0
94

0.00%

TOTAL CONVICTED OFFENSES

180
35,070

0.51064%




*Individuals that held active Texas Concealed Handgun Licenses at the time of arrest

**Individuals that did not hold an active Texas Concealed Handgun License at the time of the arrest.

These are the raw statistics. They numbers speak for themselves.
 

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Hazarding a guess, here in FL it is also some very small number, but one that is probably blown completely out of proportion by the anti-gun side.
 

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The percentage of crimes committed by CCW holders is much lower than the percentage of crimes commited by the population at large. This is a statistical fact and comes from, if I remember correctly, an analysis of Florida's Shall-Issue law.
 

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Rock and Glock said:
I believe states track the revocation of CHL licenses for various CHL infractions. Here are the 2001 statistics for Texas.
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?:smile:)
 

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Care to explain this to a dumb Canuk?

UNLAWFULLY CARRYING HANDGUN BY LICENSE HOLDER (Title 10, Chapter 46)
 

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Colin said:
Care to explain this to a dumb Canuk?

UNLAWFULLY CARRYING HANDGUN BY LICENSE HOLDER (Title 10, Chapter 46)
I don't know the specifics, but 100% of the offenders were CCW permit holders! Seems pretty clear to me - permit holders are obviously unsavory scofflaws who simply can't be trusted... :wink: :image035:
 

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Not sure if there is definitive data nationwide but we can be pretty certain that CCW miscreants are a very small number - pretty much ''drop in the ocean'' - and it's certainly not in any way worthy of penalizing the almost total majority for the sins of the very few.

Zero transgressions would be ideal - but this ain't an ideal world!
 

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Florida, time frame: 10/1/87 - 2/28/06
Licenses Issued: 1,123,373
Licenses Revoked: 3,681
Clemency Rule Change
or Legislative Change 66
Illegible Prints With
No Response 10
Crime Prior to Licensure 508
Crime After Licensure 2,976
--Firearm Utilized-- [157]
Other 121
Reinstated* 445
(* Statistics regarding number of licenses reinstated not maintained
prior to January 1990.)

If you include all revocations it comes to 0.3%.
If you use firearms violations only it drops to 0.01%
Do notice that the number of reinstatements is higher than the number of revoked licenses by firearms violations.
 

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Colin said:
Care to explain this to a dumb Canuk?

UNLAWFULLY CARRYING HANDGUN BY LICENSE HOLDER (Title 10, Chapter 46)
Carrying a weapon without having your license on your person.

*edit*
But could also be.. carrying into a courthouse, school, racetrack, federal building, etc.
 

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Miggy said:
Florida, time frame: 10/1/87 - 2/28/06
If you include all revocations it comes to 0.3%.
If you use firearms violations only it drops to 0.01%
These are a lot closer to what I'd expect to see given what I've read in various places over the last few years.
 

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Miggy's post brings up an important point that must be considered when looking at these statistics. Not all, in fact I'd venture to say very few, crimes comitted by CCW holders actually involved a use of the weapon. Since CCW holders comitting crimes with their firearm is what the anti's are always whining about, I think these studies should make it a point to include the actual number of "gun crimes."

Of course, I guess "Indecent exposure" could sorta be included...("this is my weapon, this is my gun...":biggrin2: )
 

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Colin said:
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.
 

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rstickle said:
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?:smile:)
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???

Colin said:
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.
 

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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.------
 

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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.

:confused: :confused: :confused: :confused: :confused: :confused: :confused: :confused: :confused: :confused:
 

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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
 
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