TexasCHLforum.com

TXI,

I agree with you that the intent of the legislature was never to allow the carrying of illegal knives or clubs, just because you had a CHL and a pistol on you. I also agree that DPS is teaching the law the way you stated and their troopers would arrest for it.

But, if I understand the process properly, the only time a court looks at legislative intent is when they are trying to clarify a vague section of the law. And I do not see any vagueness in this section of the law. It is clearly written that the section does not apply. This is what is known as the law of unintended consequences. Usually it does work against us, but sometimes it can be in our favor too.

I do not advise anyone to be the test case, because there are some DA's and judges that will ignore the written law for what they believe, and they might use the argument of legislative intent. I think you would win on appeal, but that is a long time and a lot of money down the road.

But it also is a great example of why I do not think DPS is really the pre-eminent authority on law enforcement in this state. They will play politics with their interpretations and classes.