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License holder of concealed weapon is stopped and has several guns on him in addition to marihuanna. Does 46.02 apply since he has a license but was committing another offense, or is he moved to 46.035 which does not seem to criminalize the act of having a concealed handgun while committing another crime. | ||
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Member |
This seems to be unresolved by the courts or statute. A quick check through Lexis revealed nothing on point. My gut tells me it would fall under 46.02, except 46.03 explicitly states that "it is not a defense to prosecution under this section that the actor...was licensed to carry a conceald handgun." So who knows if the Leg just forgot to include that language in 46.02 or if they intended for CHL holders to fall under some other section..... | |||
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Member |
I have a similar issue with a license holder who is also a member of a gang. He was charged with UCW since he was a gang member and had a gun when stopped but the defense wants to quash the information because defendant had a valid concealed weapons permit. I have been searching but so far have found nothing on point. | |||
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