Gun, Bowie Knife and Night Stick

[Ol Zeke]

OK. I’ve posted, several times, lamenting that I can carry a concealed handgun but not certain types of knives or a club. This is what I have been taught in the CHL classes that I’ve attended and what others have reported was taught in their classes. The few LEOs,I’ve talked to, have echoed this.

I’ve only seen a couple of posts that indicate a belief that this isn’t so.

At the risk of exposing myself for the simpleton that I am;

PC 46.02 Unlawful carrying of weapons, states that “A person” may not carry a “handgun, illegal knife, or club” and lays out the exceptions for MPA. Under MPA, apparently, you may carry any of these in your car, as long as they are concealed.

However, PC 46.15 (b) (6) says that, as long as I’m carrying my handgun and my CHL, 46.02 does not apply.

So, as I understand it, I can carry my double-edged boot knife (Dagger) and my retractable baton (club) on my person, as long as I’m also carrying my CH and CHL (no mention is made as to whether these must be concealed).

My question is this:
If this is true, why are so many instructors and LEOs stating otherwise?
If it is not true, then educate me.

[AJ80]

I've always read it the same way, but people always tell me that it is not legal.
Their reasoning is that the original intent was to make it legal to carry your handgun with a license and that it is only meant to apply to the handgun.

But my question is... Why do other nearby sections specifically state which weapon it is referring to that does not apply and that section does not?

Quite confusing to me as the way it is written would make me think it is perfectly legal to carry these other items. Of course IANAL.

[seamusTX]

If your weapon becomes known to someone with the authority to arrest you, events have already gone quite badly.

You may find a LEO who is not going to arrest you and let the lawyers sort it out. If you think that will happen, can you share your lottery numbers?

- Jim

[AJ80]

Are there any case laws dealing with this?

[seamusTX]

Not to my knowledge. This is one of the most glaring examples of an ambiguous statute that has been sitting there for 15 years waiting to be tested.

I don't have a Lexis subscription, though. That's where you have to go to research current case law.

-- Jim

[AJ80]

Well I certainly won't be the one testing it.

[seamusTX]

I'll be right there with you.

- Jim

[casingpoint]

What Aggie wrote that statue???

[J.R.@A&M]

What Aggie wrote that statue???

Most likely a graduate of UT Law School.

[dubya]

Can't carry a leather slap either. The good ol' days are gone forever...

Edit: The Florida licenses lets you carry just about everything up to nuclear weapons there.

[gigag04]

What Aggie wrote that statue???

Most likely a graduate of UT Law School.

This.


Also - clubs or illegal knives. The instructors are getting this from DPS, which is the Texas state LE agency. Their opinion on Texas law carrys some weight IMO.

Also why use an inferior weapon (stick or knife) when you have a gun? They are all deadly force.

[seamusTX]

Also why use an inferior weapon (stick or knife) when you have a gun?

In the first place place, it's a matter of principle. The 2nd amendment says "right to keep and bear arms." Not just SIGs and Colts. Not just bows and arrows. Arms. No American in the revolutionary period could have imagined blades being illegal. Col. Bowie has been turning over in his grave until he's halfway to China.

I am no more qualified to use a baton or knife than I am to fly the space shuttle; but for those who are, these weapons have a role in the spectrum of force that may stop a threat without creating work for the gravedigger.

- Jim

[Ol Zeke]

Also why use an inferior weapon (stick or knife) when you have a gun?

In the first place place, it's a matter of principle. The 2nd amendment says "right to keep and bear arms." Not just SIGs and Colts. Not just bows and arrows. Arms. No American in the revolutionary period could have imagined blades being illegal. Col. Bowie has been turning over in his grave until he's halfway to China.

I am no more qualified to use a baton or knife than I am to fly the space shuttle; but for those who are, these weapons have a role in the spectrum of force that may stop a threat without creating work for the gravedigger.

- Jim

except.....


For me, It's more about "less lethal". I'm not yet at that point where, under certain circumstances, I won't try to defend myself without killing or maiming someone. Don't get me wrong, I want to use the amount of force necessary, but "single attacker, same size", I'm still going to try to resove the situation without killing, if possible..... If possible, without fighting!

As for "qualified", since when does someone need to be qualified in the use of the instrument of their defense? Besides, as a country boy, I've been using knives and sticks all my life! And BTW I still have all of my fingers and toes.

I've been planning and executing critical projects for years. I prefer to establish the plan through "Plan C", at the very least, and if it involves possible injury to another, I'd prefer through "Plan Z", though I have never had that luxury.

[Grog]

why use an inferior weapon (stick or knife) when you have a gun? They are all deadly force.

You can use a stick "just a little", can't do that with a handgun.



As someone who qualified to carry an ASP, I sure would not want to do that as a "private person". I think of that 20oz hunk of metal everytime my back starts to hurt

[chabouk]

Also - clubs or illegal knives. The instructors are getting this from DPS, which is the Texas state LE agency. Their opinion on Texas law carrys some weight IMO.

Speaking of knives, the New Hampshire legislature just passed a bill through both houses that repeals their state law prohibiting switchblades.

Texas is about to get left in the dust... Arizona passing "constitutional carry", Oklahoma legalizing open carry, NH legalizing switchblades...

Like I've said, this is the time to go bold, shoot for the moon, reach for the stars. If we fall short on one issue or another, we try again. Meanwhile, push every issue we can find that supports the rights of Texans to be armed in the way they feel best.