You are further instructed, as a qualification on the law of self-defense, that the use of force by a defendant against another is not justified if the defendant sought an explanation from or discussion with the other person concerning the defendant’s differences with the other person while the defendant was carrying a weapon in violation of Penal Code Section 46.02.
A person violates Section 46.02 of the Penal Code if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
1)on the person’s own premises or premises under the person’s control; or
2)inside of or directly enroute to a motor vehicle or watercraft that is owned by the person or under the person’s control.
A person also violates Section 46.02 of the Penal Code if the person unlawfully, knowingly or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control at any time in which:
1)the handgun is in plain view; or
2)the person is a member of a criminal street gang; or
3)the person is engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or
4)is a person prohibited by law from possessing a firearm.
Penal Code Section 46.02 does notapply to certain categories of people including a person:
1)who is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;or
2)while traveling; or
3)who is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or who is enroute between the premises and the person’s residence, motor vehicle or watercraft, if the weapon is a type commonly used in the activity.
"Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.
“Illegal knife” means a knife with a blade over five and one-half inches, a hand instrument designed to cut or stab another by being thrown, a dagger(including but not limited to a dirk, stiletto, and poniard), a bowie knife, a sword, or a spear.
“Club” means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes, but is not limited to, a blackjack, nightstick, mace, and tomahawk.
"Criminal street gang" means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.
Now therefore, if you find and believe from the evidence beyond a reasonable doubt that the force, if any, used by the defendant against (COMPLAINANT) was at a time when the defendant was seeking an explanation from or a discussion with (COMPLAINANT) concerning the defendant’s differences with (COMPLAINANT), but at that time the defendant was unlawfully carrying a (HANDGUN/ILLEGAL KNIFE/ OR CLUB) in violation of Penal Code Section 46.02, then you will find against the defendant on the issue of self-defense.