How does the new UCW law modify the ability of a Defendant to carry a gun to the confrontation? In other words, can a Defendant still claim self defense if she carries a gun to confront & "discuss her difficulties" with the victim on the staircase in front of her apartment?

[This message was edited by ADAA on 03-06-08 at .]

With those few facts, I would say Not Much. The law allows the gun in the owner's car, or directly in route to the car. An apartment common area would not be the owner's home. A confrontation on a porch doesn't seem to apply, but I guess some facts could exist that would make that more plausible.

I had a case recently where the trial court instructed the jury under 9.31(b), the Waco didn't address the issue. These are some of the cases that I found.

Patterson v. State, No. 05-99-00182-CR, 2000 WL 100196 at *4-5 (Tex.App. -- Dallas January 31, 2000, pet. ref'd) (not designated for publication) ("when there is evidence that appellant sought a discussion with the victim about their differences while intentionally, knowingly or recklessly carrying a handgun, section 9.31(b)(5) becomes part of the law applicable to the case"; there is no duty to charge on TEX. PENAL CODE sec. 46.15 where there is no evidence raising any of those defenses).

Fink v. State, 97 S.W.3d 739, 743 (Tex.App. -- Austin 2003, pet. ref'd) ("we view the evidence in the light most favorable to giving the instruction to determine if there was sufficient evidence from which a rational trier of fact could have found (1) that appellant sought an explanation from or discussion with Pollard and (2) that he was unlawfully carrying a handgun").

The defendant has to show a defense under TEX. PENAL CODE sec. 46.15 to violating TEX. PENAL CODE sec. 46.02. See Cantu v. State, No. 05-03-00193-CR, 2003 WL 22966684 at *2 (Tex.App. -- Dallas December 18, 2003, pet. stricken) (not designated for publication) (section 46.15 is a defense, not an exception); Charalambopoulos v. State, Nos. 2-06-130-CR, 2-06-131-CR, 2007 WL 1575064 *4 (Tex.App. -- Fort Worth, May 31, 2007, no pet. h.) (not designated for publication) (discussing traveling defense).