TexasCHLforum.com

bigtek wrote:

ELB wrote:I dunno what was up with HB560 this session, but certainly did not get the impression it was any kind of priority for NRA, TSRA, or anybody beyond the confines of this forum. It should have been.

HB 560 was a priority for people who are pro gun and licensed to carry but HB 1911 seems like it had a higher priority for people who are pro gun but aren't licensed to carry. Which is a larger population?

And it didn't go all that much farther than 560.

The restrictions, the list of places you can't take a "location-restricted knife", illustrates the problem with of trying to get constitutional carry in place before removing all the restrictions on licensed carry.

The fact that there are restrictions on people who have background checks etc "sanctifies" the concept of "places too sensitive to allow [guns, knives, whatever], and the specific list is far too big and gives the aura of legal anti-gun hallowedness to these places. If you can't trust the holders of licenses, with their stellar history in Texas, to carry in those place then certainly you can't regular Joe Citizen, with no background check or training etc to tote his sidearm in the same places. Nor his 5.5"-plus knife.

I dunno what was up with HB560 this session, but certainly did not get the impression it was any kind of priority for NRA, TSRA, or anybody beyond the confines of this forum. It should have been.

So I put what I think to be the final changes (from the Senate Committee report) into the current PC Section 46 text, and looked to see what exactly has changed. My summary:

"Illegal Knives" are history, and are illegal no more. As well, throwing knives intended to cut or stab another, daggers, dirks, stilettos, poniards, bowie knives (!), swords, and spears are no longer "illegal knives" and are no longer generally prohibited by Texas law.

Any bladed hand instrument capable of inflicting serious bodily injury or death by cutting or stabbing a person with it is a "knife." This is the same definition as previous, no changes made to it. Previously swords and spears and such were listed separately, implying they might be different, but now everything pointy is a knife under the law, it seems.

A "location-restricted knife" (LRK in my parlance) is a knife with a blade OVER five and one-half inches.

Anyone under the age of 18 is generally restricted from carrying an LRK unless he is on his own premises or premises under his control, own vehicle/watercraft under his ownership or control, or under DIRECT supervision of a parent or legal guardian. Class C Misdemeanor otherwise. It is also illegal to offer, sell, lease, transfer a LRK to someone under 18 - but permission of the parent or guardian is a defense to prosecution (same as before with illegal knives and firearms).

Adults are restricted from carrying LRKs in all the same places that a person who is licensed to carry is restricted from carrying a handgun EXCEPT: ==>>Meetings of Governmental Entities subject to open meeting rules.
I think it is very interesting that you can now take your Bowie to an open meeting of a governmental entity that provides effective notice against LTC carry. I'll bet somebody does that early on. (Take care: some open meetings are held in "court rooms".)

Note that both handguns (carried under LTC) and LRKs are not supposed to be carried in hospitals, nursing facilities, amusement parks, and places of worship. For this to have force of law against handgun carry there has to be effective notice. There is no effective notice requirement for LRKs. Hospitals and nursing facilities can issue written permission for the carry of LRKs. Apparently churches can't.

No LRK at mental hospitals -- but the hospital can issue written permission to carry.

There are various defenses to prosecution available to those carrying firearms or clubs while members of the armed forces on duty, security guards, etc. None of these seem to apply to LRKs (just as they did not apply to "illegal knives.")

This is what I got out of it so far. Corrections and updates welcome.

HB 1935 received its second and third readings in the Senate last night and was passed without any amendments, as far as I can see. Looks like Governor's desk is the next stop. This is good news in an otherwise...lackluster...year for 2A advancement.

HB 1935 was placed on the Senate's Intent Calendar today. That's good news in that it means it is not dead. As I understand it, to be brought to the floor for debate and voting will require 19 Senators - and the Lt Governor - to agree to bring it, and being a House Bill it can only be brought to the floor on certain days of the week. The sponsor has to reaffirm daily that he wants the bill to stay on the intent calendar.

So progress, but still some hurdles.

HB 1935 was read in the Senate and referred to the Criminal Justice Committee on 5/10, some time after 11 a.m. The Committee was scheduled to meet that day at 2:00 p.m. but did not consider HB 1935 - that would be a quick turn if they did. The Committee meets next on 5/16 at 2:00 p.m., but as of know HB 1935 is not on the list of 23 bills to be considered. The 5/16 meeting is the last one currently listed on the TLO website, but I don't know how far in advance they put up future meetings.

My summary/restatement of the engrossed version:

"Location-restricted knife" (LRK) means a knife with a blade over five and one-half inches long. That's the entire definition. Nothing about edges, configuration (e.g. stiletto) etc.

"Location Restrictions" for those 18 years of age and over:

Adults cannot carry a LRK any place that they can't carry a club or a handgun, a familiar list to LTC holders:
- Elem/Middle/Junior/High Schools
- colleges and universities,
- activities sponsored by schools,
- polling places on election days,
- courts or court offices (! here we go again!),
- race tracks,
- secured area of an airport,
- within 1000' of a place of execution.
- 51% establishments
- HS, college, or professional sporting events (unless you are using the LRK in the event)
- correctional facilities
- hospitals
- mental hospitals
- amusement parks
- religious establishments

Note: LRK restriction does not apply to historical demonstration or ceremony where the LRK is significant to the event.

Note: Adults cannot sell or give a LRK to anyone under 18 years of age (mirrors previous restriction of "illegal knife").

Note: No "effective notice" required for hospitals, religious places, amusement parks.

Note: Under Texas law if you (with a LTC) accidently carry your handgun into a secured area of the airport and get caught, you are supposed to get chance to correct that error. No 2nd chances for LRK, it appears.



Additional restrictions for those under 18 years of age:
they may not carry a "location-restricted knife" (that is, one with a blade more than 5.5"), in public UNLESS he is under the direct supervision of a parent/legal guardian. He may carry it on his own premises, inside vehicles and boats he owns or controls, and to/from vehicles and boats he owns or controls. Essentially this mirrors the previous "illegal knife" restrictions on everyone.

It appears knife with blade 5.5" or less is legal for those under 18 years of age.

That's what I got out of it so far. Corrections welcome. Let's hope the Senate moves on this.

The official engrossed version (includes Dutton amendment) is up at TLO: http://www.legis.state.tx.us/BillLookup ... ill=HB1935

To the best of my ability, in the attached Word document I inserted the Dutton amendment changes into CSHB 1935. It was very tedious. I make no claim as to the accuracy of this, nor for its suitability for any purpose. Do not call me for bail money.

I have no idea of this makes it clearer or not.

Pariah3j wrote:If Elycion is correct and the restrictions only apply to the noted locations and opens up edc in general public - while I would still call that flawed, its at least a step in the right direction.

+1.

When I was trying to research this on the iPhone last night, it was tough to follow the details.

Whoops, doing this on phone while at ER, took a long time, see NotRPB scooped me.

Chuck Lindel tweeted that bill passed House to remove "illegal" knives, but... amended that under knife carry illegal for under 18, and illegal for everyone in bars, hospitals, and nursing homes.

Also still 5.5" restriction.

So that state knife of Texas is still illegal to carry in Texas.