Any chance of concealed WEAPONS license ?

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Any chance of concealed WEAPONS license ?

Postby Ziran » Wed Jan 09, 2013 11:31 pm

Any chance we could expand Texas CHL to cover weapons such as knives and martial weapons that are currently not legal to carry. Texas has one of the most restrictive laws in the nation when it comes to carrying things such as knives. I know other states such as Florida to this.

Basically add a CHL exception somewhere in this clause:

Texas - Health, Safety & Morals - 46.02. Unlawful carrying
weapons. (a) A person commits an offense if intentionally,
knowingly , or recklessly carries on or about his person a
handgun, illegal knife, or club. [Exceptions: official;
actor was own premises; was traveling; engaged in lawful
hunting, fishing, or other sporting activity; security
guard].
- 46.01. Definitions. (1) "Club"... includes... (D)
Tomahawk...
(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by
being thrown;
(C) dagger, including but not limited to a dirk, stiletto,
and poniard;
(D) sword; or
(E) spear.
(7) "Knife" means any bladed hand instrument that is capable
of inflicting serious bodily injury or death by cutting or
stabbing a person with the instrument.
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Re: Any chance of concealed WEAPONS license ?

Postby Charles L. Cotton » Wed Jan 09, 2013 11:52 pm

No chance at all. I know it doesn't make practical sense as firearms are the most efficient self-defense weapon.

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Re: Any chance of concealed WEAPONS license ?

Postby AEA » Thu Jan 10, 2013 1:33 am

I know I have seen an exception for a Knife (description I can't remember) for a CHL that is armed.

Or am I mistaken Charles?
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Re: Any chance of concealed WEAPONS license ?

Postby Beiruty » Thu Jan 10, 2013 2:49 am

AEA wrote:I know I have seen an exception for a Knife (description I can't remember) for a CHL that is armed.

Or am I mistaken Charles?


There should an exception for "large knife" for a CHL. There was thread that a LEO was mistaken when he thought CHLer could not carry large Knife like a Bayonet or Sword.

Sec. 46.15. NONAPPLICABILITY.
......
(b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;

I am not a lawyer, but what I understand is that if you have a CHL and you are carrying EDC, then the whole 46.02 does not apply. So, the actor has an exception to 46.02, all of it, including carrying illegal knives. NOTE: your understanding of the law is as in your mileage may vary. The judge may have a different understanding of the law.
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Re: Any chance of concealed WEAPONS license ?

Postby AEA » Thu Jan 10, 2013 5:38 am

Yep, that's the exception I was referring to alright. :tiphat:
But it's hard to tell if Swords (which is listed) and/or Machetes (which is not listed) are allowed! :biggrinjester: :smilelol5:

Usual "Lawyer Speak" - confusing to us mere mortals.
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Re: Any chance of concealed WEAPONS license ?

Postby Ziran » Thu Jan 10, 2013 6:25 am

This is very interesting.

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense 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:


Sec. 46.15. NONAPPLICABILITY.
....
(b) Section 46.02 does not apply to a person who:
....
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;


http://www.statutes.legis.state.tx.us/D ... GV.411.htm

This Subchapter H, Chapter 411, Government Code refers to the regular plain CHL not any kind of special government only firearm carrying.

SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUN


So at least on paper it looks like if you have CHL AND you are carrying a gun you can carry an otherwise illegal knife or club. I have never heard of this before today. When I searched dedicated knife forums the only thing I found was the 46.02 plus the definitions and interpretations of what constitutes illegal knife which boils down to over 5.5in or has two sharpened edges (I was only looking at non folding knifes).
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Re: Any chance of concealed WEAPONS license ?

Postby Jumping Frog » Thu Jan 10, 2013 8:22 am

Charles L. Cotton wrote:No chance at all. I know it doesn't make practical sense as firearms are the most efficient self-defense weapon.

Chas.

The effort to expand the places to carry by moving CHL's from PC §46.15(b) to (a) makes PC §46.02 and PC §46.03 non-applicable. Wouldn't that have the (possibly unintended) side effect of removing the restrictions "illegal knife, or club" in PC §46.02(a)?
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Re: Any chance of concealed WEAPONS license ?

Postby Charles L. Cotton » Thu Jan 10, 2013 11:44 am

Jumping Frog wrote:
Charles L. Cotton wrote:No chance at all. I know it doesn't make practical sense as firearms are the most efficient self-defense weapon.

Chas.

The effort to expand the places to carry by moving CHL's from PC §46.15(b) to (a) makes PC §46.02 and PC §46.03 non-applicable. Wouldn't that have the (possibly unintended) side effect of removing the restrictions "illegal knife, or club" in PC §46.02(a)?


CHL's are already exempt from TPC §46.02 and theoretically this includes the non-firearms provisions in TPC §46.02. Good luck prevailing on that one. I understand the legal argument and it might actually prevail, but I won't be carrying a Bowie knife to test it! :thumbs2:

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Re: Any chance of concealed WEAPONS license ?

Postby recaffeination » Thu Jan 10, 2013 1:57 pm

The law says what the law says. If the OP cares enough to risk being a test case, that's great. If not, changing the law won't help because there is always the possibity someone has a different interpretation of what the meaning of "is" is.
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Re: Any chance of concealed WEAPONS license ?

Postby DEB » Thu Jan 10, 2013 10:08 pm

Charles L. Cotton wrote:No chance at all. I know it doesn't make practical sense as firearms are the most efficient self-defense weapon.

Chas.


I used to tell my soldiers that it was because Texans are fair. We don't want anyone bringing a knife to a gunfight... :thumbs2:
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