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ELB wrote:Thanks. In the meantime, I went on Texas Gun Talk for the first time in months and happened to see your thread there.

Congrats on not getting convicted.

But as I noted over there, I think that's all you got out of this. I hope I am wrong, and I hope your lawyers have something to make this part of the law more clear to those who need clarification. But I certainly don't see this going anywhere else. The DA didn't say you were right he (or she) simply ducked the fight. Cops get latitude on making arrests in good faith even if they later turn out to be "false", and there are going to be a number of them (by your own count) plus their lawyers who will point out that they saw the law differently.

Good luck.

And it would be interesting to see what happens, when you get your CHL back, if you go back to the Capitol with your license, your gun, and your knife.

The ONLY defense I left myself was that my CHL and handgun exempted me from the whole of 46.02.

I had 8 DPS officers on the arrest statement saying they'd testify that I had a 6.25 inch bladed knife in the Texas State Capitol.

IF the ADA thought there was any decent chance that this law was not as my lawyer and I presented they'd have pressed charges and if proven it'd be a slam dunk case because I'd be on that stand saying under oath "Yes, I took a 6.25 inch blade into The Texas State Capitol."

We're talking about a slam dunk case in their pocket and they'd have been chomping at the bit to prove me wrong.

About going back with the knife, gun and CHL. IF I'd been proven right by a jury trial that'd be fun.

A sane person knows that trying the same tactics over again and expecting different results isn't going to work.

What will work now I believe is putting them on the defense a bit.

ELB wrote:

matefrio wrote:A picture is worth a 1000 words. The outcome was a good one. This isn't over as now I get a chance to take the fight to them.

OK, I looked back through the thread, and I am still confused. What is this about, 'zactly? Given the main topic of the thread, did you get picked up for UCW while carrying an "illegal" weapon while also carrying your CHL and handgun, or what?

Yes, March I knowingly and with the intent of clarifying this law, carried a 6.25 inch knife into the state capitol. The result was I got arrested, put in jail for the night and charged.

The Assistant DA threw out the charges, reason, I'd committed no crime.

McKnife wrote:

matefrio wrote:A picture is worth a 1000 words. The outcome was a good one. This isn't over as now I get a chance to take the fight to them.

For those who can't see it:

To the honorable judge of said court:

NOW COMES the State of Texas by and though her Attorney, respectfully requests the Court to dismiss the above entitled and numbered criminal action in which the defendant is charged with the offence of Unlawfully Carrying A Weapon for the reason: In The Interest of Justice.

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This put a huge smile on my face. Glad to see you win! Now it's time to expunge and sue sue sue!

This leaves the door wide open to pursue a case against the Department of Public Safety for wrongful arrest or for violating my 1st Amendment right to speak to the legislative committee.

If I get the arrest expunged now it'll be tampering with evidence, I've been advised.

A picture is worth a 1000 words. The outcome was a good one. This isn't over as now I get a chance to take the fight to them.

For those who can't see it:

To the honorable judge of said court:

NOW COMES the State of Texas by and though her Attorney, respectfully requests the Court to dismiss the above entitled and numbered criminal action in which the defendant is charged with the offence of Unlawfully Carrying A Weapon for the reason: In The Interest of Justice.