46.02 makes it illegal to carry a handgun, illegal knife, or a club.
46.15(b)(6) states that the 46.02 prohibition doesn't apply to a CHL carrying a concealed handgun.
Here is the problem with the argument that none of 46.02 applies to a CHL. Penal Code Â§ 1.05. CONSTRUCTION OF CODE reads as follows:
(a) The rule that a penal statute is to be strictly construed does not apply to this code. The provisions of this code shall be construed according to the fair import of their terms, to promote justice and effect the objectives of the code.
So the Texas Penal Code is not strictly construed, rather it is construed in a manner to "effect the objectives of the code." The clear intent of the Legislature in enacting SB60 was to allow the carrying of concealed handguns, not illegal knives or clubs. Section 1.05(a) would support an arrest, prosecution and conviction of a CHL carrying a club or illegal knife.
Also, the Legislative history of SB60 and subsequent amendments to the CHL statute make it clear that there was never any consideration given to allowing CHLâ€™s to carry clubs or illegal knives. When a statute is ambiguous, the Legislative history of the bill becomes relevant to its interpretation and application.
I don't want anyone to think that I like or agree with Section 1.05(a), so here is a reprint of my comments on that portion of the Penal Code:
(Editorial Comment: This language is scary! Centuries of English and American jurisprudence have acknowledged that penal codes place life and liberty at risk, thus they must be strictly construed so as to let citizens know precisely what conduct is prohibited. Â§1.05 throws hundreds of years of case law out the window.)