Applicability of Texas Penal Code Sec. 46.15

[rickb308]

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?

[jimlongley]

Yes.

[Charles L. Cotton]

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.

[rickb308]

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.

[Charles L. Cotton]

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.

[txinvestigator]

Although 46.15 of the Penal Code states

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;

One might argue that if you are carrying a handgun under the CHL laws, then ALL of 46.02 does not apply; however, notice that in other sections, no such language as "is carrying a handgun" is used.

For Armed Security Guards, for example, states;


46.02 does not apply to a person who;

(5) holds a security officer commission issued by the Texas
Board of Private Investigators and Private Security Agencies, if:

(A) the person is engaged in the performance of the person's
duties as a security officer or traveling to and from the person's
place of assignment;

(B) the person is wearing a distinctive uniform; and

(C) the weapon is in plain view;

Notice it states the "weapon" must be in plain view. There is no limitation to a handgun, as in (6).

The same holds true for all other sections.

I believe that the CHL does not permit carry of a club.

[rickb308]

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)

[4t5]

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

Just another poorly written piece of legislation. They must have gotten lessons from the US Congress!