Penal Code 46.15 Nonapplicability

[kg5ie]

I agree with your interpretation of the wording using a literal reading, and I also agree that what we have is "unintentional consequences" of a poorly worded law. In addition, if indeed 46.02 does not apply, one can argue that "a-1" is out and that a CHL owner can lay their weapon on the dash or seat "in plain view". Agreed?

You absolutely can do that when you're hunting etc. But you're not covered by MPA if it's in plain view and you're violating 46.035 by intentionally displaying it in a public place while carrying under the authority of your CHL.

Ah, but PC 1.07 (40) defines a "public place":

(40) "Public place" means any place to which the
public or a substantial group of the public has access and includes,
but is not limited to, streets, highways, and the common areas of
schools, hospitals, apartment houses, office buildings, transport
facilities, and shops.

Your car is certainly not a public place. The general public does not have access to your car.

IANAL......your mileage may vary.

By the way.....I would NEVER mention any portion of this discussion in a class I was conducting.

[Keith B]

Ah, but PC 1.07 (40) defines a "public place":

(40) "Public place" means any place to which the
public or a substantial group of the public has access and includes,
but is not limited to, streets, highways, and the common areas of
schools, hospitals, apartment houses, office buildings, transport
facilities, and shops.

Your car is certainly not a public place. The general public does not have access to your car.

IANAL......your mileage may vary.

By the way.....I would NEVER mention any portion of this discussion in a class I was conducting.

While you car may not be a public place, the interior could be visible from a public place. So, you must keep the handgun out of sight.

[Mike.B]

I agree with your interpretation of the wording using a literal reading, and I also agree that what we have is "unintentional consequences" of a poorly worded law. In addition, if indeed 46.02 does not apply, one can argue that "a-1" is out and that a CHL owner can lay their weapon on the dash or seat "in plain view". Agreed?

You absolutely can do that when you're hunting etc. But you're not covered by MPA if it's in plain view and you're violating 46.035 by intentionally displaying it in a public place while carrying under the authority of your CHL.

Ah, but PC 1.07 (40) defines a "public place":
(40) "Public place" means any place to which the
public or a substantial group of the public has access and includes,
but is not limited to, streets, highways, and the common areas of
schools, hospitals, apartment houses, office buildings, transport
facilities, and shops.
Your car is certainly not a public place. The general public does not have access to your car.

How about you try that out and tell us if the judge or jury buys your argument.

[NotRPB]

I like the "If you have your handgun and CHL with you, then 46.02 is non-applicable" argument.
This has been discussed many times here and elsewhere...

However, an argument I read in a "comment" after a News Article (Man arrested/charged with Felony for "Illegal Knife" at 7-11 ( http://kxan.com/2015/05/04/man-carrying ... th-felony/ )
David Barer By David Barer Published: May 4, 2015, 12:48 pm Updated: May 4, 2015, 6:18 pm
> Man carrying knife at 7-Eleven slapped with felony
Comments https://disqus.com/home/discussion/kxan ... th_felony/
I do not know the details of that arrest, whether he had a CHL etc, but interesting argument based on Grammar/punctuation.
Argument went like this

In the Texas Penal Code Sec. 46.15. on "NONAPPLICABILITY." ONLY applies to the weapons specifically mentioned in the sentences under the subsections pertaining to that exclusion. And the exclusion for that particular item ends with the semicolon. As in (6) which says:
"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;"

Notice that it does NOT say anywhere after "concealed handgun;" anything about an "illegal knife, or club". But then down below in (8), it again IS VERY SPECIFIC to name the
illegal items that ARE excluded under certain conditions:
"(8) (d) The provisions of Section 46.02 prohibiting the carrying of a firearm or carrying of a club do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty.
(e) The provisions of Section 46.02 prohibiting the carrying of an illegal knife do not apply to an individual carrying a bowie knife or a sword used in a historical demonstration or in a ceremony in which the knife or sword is significant to the performance of the ceremony."

So you see, the law is very specific.
Using 46.15 and the fact you have a CHL as an allowance for you to carry an illegal knife or club, would also as it states, would allow you to carry your CHL and an illegal knife or club without regard to "46.03. PLACES WEAPONS PROHIBITED".
Why? Because the law on the books states:
"46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do not apply to:.."
and then list the item 6 that you call into play. But go take a look at 46.03. Per your analogy having a CHL and using 45.15 would allow you to disregard 46.03 entirely.
Which we know we cannot.

People are also forgetting about this sign and law which states: "The unlicensed possession of a weapon on these premises is a
felony with a maximum penalty of 10 years imprisonment and
a fine not to exceed $10,000."

It specifically states "unlicensed possession" of a "weapon" (weapon as defined under definitions TPC 46.01).
So to make it even more clear, where would you even get a license to carry a club or illegal knife?
Since there is no such license in the State of Texas.

So YES you can be and most likely will be charged with carrying an illegal knife, or club. Period.

"Concealed Handgun License" means what it is and only applies to
concealed handguns. Otherwise it would be a "Concealed Handgun / Illegal Knife / Club License"

Too bad the "carry a sword Bill" died last Legislative session
IANAL