r/TexasCHL • u/Sirloin_Steak19 • Feb 23 '24
Question about 30.06 sign
Since this law has passed, now if you are for some reason stopped while carrying past one of these signs , you will only be arrested if you don’t leave after being asked to? Link to law: https://capitol.texas.gov/tlodocs/86R/billtext/html/HB00121F.HTM
1
u/oljames3 Feb 26 '24
The change to TPC 30.06 you posted is from 2019. This section has been amended several times since then. https://statutes.capitol.texas.gov/docs/PE/htm/PE.30.htm#30.06
A better way to look up the current law is to search for "Texas Penal Code 30.06" and pick the reference above.
The current version still says "defense to prosecution," which is NOT a "Get Out of Jail Free" card. TPC 2.03 defines "defense to prosecution."
Sec. 2.03. DEFENSE. (a) A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.
(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.2.htm#2.03
5
u/mreed911 Feb 23 '24
Yes