Has anybody de-tangled the new UCW statute, PC 46.02, and its defenses under PC 46.15?

In particular, it looks like 46.15 leaves the "premises" defense and the traveling defense intact, which seems redundant with 46.02, which now separates the offense, depending on whether D is at home (46.02(a)) or in his car (46.02(a-1)), and requiring the State to negate what used to be those defenses. Also, although the traveling defense is intact, the definition of traveling is now gone from 46.05(j), so where do we go for a definition if the defense still exists (for say, a passenger)?

Also, HB 1815 and 2101 which amend PC 46.15 conflict in many ways. For example, HB 1815 deletes the "premises" defense, while 2101 leaves it in. One adds "motor vehicle" to the hunting defense, the other does not. They're both effective on the same day. So confused.

Sorry, we only handle felony cases.

Well of course, those felonies are way easier to prosecute.

Guess we just have to sort them out one at a time. I saw four cases come in one night - about two months ago - and it was a major pain to sort out which cases were good and which ones should be rejected. Officers were calling our office from the field asking what they should do. Honestly, I didn't know at first, and I had to stop everything to study the new statute in light of each individual fact pattern. I'm sure we will sort it out over time, and eventually someone will draw us up a nice little chart and hand it out at one of TDCAA's seminars.

The general consensus around here is that unless they are committing some other crime (non-traffic) while possessing the weapon, we don't mess with it. I personally can't recall having made a UCW (gun) arrest since the changes from the 2005 leg session.

I'm about to start digging out the general statutes to sort out which Bills were later in time and, therefore, rule.

I'll let you know what I find out. Maybe I'll even do a handout.

The explanation I have given to peace officers in my county:

A person may legally carry a concealed handgun on or about his person if he is in a vehicle owned by or controlled by him unless he has a prior conviction, a court order forbids it, he is a member of a criminal street gang, or he has committed an offense other than a Class C traffic offense.

A person may legally carry a handgun, illegal knife, or club on or about his person if he is on premises owned or controlled by him or in or en route to a vehicle owned or controlled by him.
A person may legally possess a club or illegal knife in his automobile even if it in plain view.

Defenses under PC Sec. 46.15 include engaging in lawful hunting or fishing and traveling directly between the hunting or fishing location and the defendant�s residence or motor vehicle, if the weapon is a type commonly used in the activity; possessing a weapon on your own premises, including a recreational vehicle used as living quarters, is also a defense.