PC 46.02 - UCW and PC 46.15(b)(6) - Non-Applicability

[jc_conn]

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if the person intentionally, knowingly, or
recklessly carries on or about his or her person a handgun, illegal
knife, or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or
(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun in a motor vehicle that is owned by the person
or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;
(B) prohibited by law from possessing a firearm;
or
(C) a member of a criminal street gang, as
defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes
real property and a recreational vehicle that is being used as
living quarters, regardless of whether that use is temporary or
permanent. In this subsection, "recreational vehicle" means a motor
vehicle primarily designed as temporary living quarters or a
vehicle that contains temporary living quarters and is designed to
be towed by a motor vehicle. The term includes a travel trailer,
camping trailer, truck camper, motor home, and horse trailer with
living quarters.
(b) Except as provided by Subsection (c), an offense under
this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the offense is committed on any premises licensed or
issued a permit by this state for the sale of alcoholic beverages.

§ 46.15. NONAPPLICABILITY.
(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 of the same category as the handgun the
person is carrying;

If I'm reading things correctly, PC 46.15 states that if a person is carrying a concealed firearm AND possesses a valid concealed handgun license, then PC 46.02 does not apply. If PC 46.02 is non-applicable according to PC 46.15, then a person carrying a concealed handgun and possessing a valid CHL could carry a "illegal knife or club" in addition to their concealed handgun. This would mean that a person could carry things like an ASP baton, or a knife with a blade longer than 5.5".

What do y'all think? Am I just thinking wishfully?

I see that this topic has been discussed previously, and there seems to be some dissention as to the intent of lawmakers. Having looked at the written structure of PC 46.15, I see that it is organized in a very conventional outline-type with headings (a) (b) etc, and specific examples and instances given numbers (1) (2) etc. Comparing sub-sections (a) and (b), we see that (a) deals with the non-applicability of PC 46.02 and PC 46.03 both, listing seven items where the non-applicability is complete and whole. Sub-section (b) deals only with the non-applicability PC 46.02, leaving PC 46.03 (Places Weapons Prohibited) intact. The common argument, it seems, against allowing a CHL holder to carry a "illegal knife or club" is that (b)(6) only renders the "handgun" portion of PC 46.02 non-applicable. Howevever, as 46.15(b)(1) through (b)(5), and 46.15(b)(7) through (b)(9) are interpreted as applying non-applicability to the whole of PC 46.02, it is paradoxical to think that 46.15(b)(6) only applies to a portion of 46.02 and not the whole thing like the rest of the instances in 46.15 do. A close analogy would be the comical interpretation of "the people" mean a collective entity in the 2nd Amendment and "the people" meaning a singular entity in the 1st amendment.

Despite the perceived intent of the law, it should be interpretted as it is written. Unfortunately, short of an opinion rendered by the Attorney General of the state of Texas, I think this confusion will continue.

Jeremy

[srothstein]

This has been debated before. I read the law exactly like you do, but freely admit that I do not think this is the intent of the law. Some people think the courts would go witht what we all agree is the intent of the law, but I think they will go with what is written. If I am right, you can carry the knife or club if you carry a CHL and a pistol.

[smyrna]

I think that is wishful thinking. The CHL is just that concealed HANDGUN license. It does not license you to carry other weapons. I think the illegal knife or baton would be asking for trouble.

[jc_conn]

I question the logic of allowing a person to carry a concealed handgun, but to draw a mysterious line in the sand when it comes to carrying a club or knife.

Which seems more logical?

That of a list of 9 things, all under the same heading:
(1) One of the 9 (not the first, or the last, but the sixth) is applied differently from the remaining 8 things, despite no written instruction as to the differential treatment;
(2) All 9 things were meant to be applied equally.

I have to go back to Occam's Razor on this one and say that the simplest answer is probably correct -- that 46.15(b)(1) through 46.15(b)(9) all render 46.02 non-applicable, equally.