TexasCHLforum.com

Charles L. Cotton wrote:Rick:
Thanks, now I understand. I have to confess that I've been so busy lately I haven't been able to follow the other thread very well.

I think the folks mean that 46.16(b)(6) exempts CHL's only from the prohibition on carrying handguns, not the other weapons set out in 46.02. According to the express language of 46.15(b)(6), a CHL carrying a handgun would also be able to carry the other weapons listed in 46.02. However, this was not legislative intent and it would be relatively easy for a prosecutor to get the tapes of the hearings and floor debate and prove that the scope of 46.16(b)(6) is limited to handguns.

Regards,
Chas.

So plain English doesn't mean what it says, and you can go to jail for what they meant, not what they wrote?

And people wonder why some people want to see lawyer hanging as an Olympic Sport. (Present company excluded)

Charles L. Cotton wrote:

rickb308 wrote: Who is that section for if not for CHL's?

Rick:
I'm not sure I understand your question, but yes, 46.15(b)(6) applies solely to CHL's.

Chas.

This has come up on other forums. People say that you can't carry a club, blackjack, nightstick, 7" knife, etc.

Even LEO's say that, & when shown the statute, they say it doesn't apply to CHL's.

Check out: General Gun, Shooting & Equipment Discussion
"Need suggestions" (at the end)

I moved it to here because I thought this was a more appropriate venue for discussion than hijacking an ongoing thread.

To wit:

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.

Sec. 46.15. NONAPPLICABILITY.

(a) Sections 46.02 and 46.03 do not apply to:

(b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;

Who does (b) (6) refer to if not a CHL?

I read the "to carry a concealed handgun of the same category as the handgun the person is carrying;" as if you are licensed to carry a revolver, you best not be caught with a semi-auto.

If 46.15 (b) (6) does not apply to CHL's why is it even in there to begin with? They could have left it out and no one would have been the wiser.
Remember, they wrote the CHL Law from scratch. They didn't adapt a pre-existing statute. Why put (b) (6) in at all?

I contend that 46.02 DOES NOT apply to CHL's, as long as you are carrying your license AND the appropriate handgun.

I could be wrong. I would like to see plain English and not lawyer-speak.

They specifically mention a concealed handgun and valid license. Why?
Who is that section for if not for CHL's?