Quoted: Is the provision for travelling to a range with a pistol a defense against arrest or prosecution. Any info is greatly appreciated
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Presto99-
It used to be a defense to prosecution under Texas Penal Code 46.02(b)(4). This was stupid (you have to be arrested and charged before defending against prosecution) but clear enough. Now, however, 46.02 has been changed to this:
§ 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.
Which, of course, makes ANY carrying (outside of CHL) of a handgun to and from the range illegal. But fear not, the new exceptions are found at 46.15...
§ 46.15. Nonapplicability
<SNIP>
(b) Section 46.02 does not apply to a person who:
<SNIP>
Text of subd. (4) as added by Acts 1997, 75th Leg., ch. 1261, § 28
(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;
While I'm no lawyer, I'm thinking that "nonapplicability" really means "defense against arrest" rather than "defense against prosecution" like the old law. I know it's shocking, but it looks like they actually improved the Penal Code for a change. WOOHOOO!
The best advice, however, has alerady been given - get your CHL.
bjt
Edited to add: Note carefully that "carries on or about his person" is not defined in Chapter 46 and that there is no distinction between loaded and unloaded handguns. Make damn sure you're "directly en route" to avoid complications.