April 30, 2012, 09:34
mhartmanUCW?
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.
April 30, 2012, 15:33
GPuryearThis 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.....
May 01, 2012, 16:53
Keith HoustonI 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.