Moosani v. State

914 S.W.2d 569, 1995 Tex. Crim. App. LEXIS 130, 1995 WL 713039

Opinions

OPINION ON APPELLANTS PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

Appellant was convicted by a jury of the offense of unlawfully carrying a weapon. Punishment was assessed at a fine of $100 and confinement in the county jail for 180 days, probated for one year. The Fourteenth Court of Appeals affirmed appellant’s conviction. Moosani v. State, 866 S.W.2d 736 (Tex.App.—Houston [14th] 1993). This Court granted appellant’s petition for discretionary review in order to determine whether the Court of Appeals correctly applied the requisite proof to qualify for the exception to prosecution for carrying a pistol.

We find that the Court of Appeals’ reasoning is correct and adopt it as our own. Accordingly, the judgment of the Court of Appeals is affirmed.

CLINTON, J., joins the opinion of the Court, observing that contrary to assertions by Judge BAIRD, dissenting at 572-73, the Second Amendment does not grant a right to bear arms unrelated to “a well regulated Militia.” See Masters v. State, 685 S.W.2d 654 (Tex.Cr.App.1985). OVERSTREET, J., concurs in the result. WHITE, J., dissents.