Search found 5 matches

by fiftycal
Tue Aug 28, 2007 4:04 pm
Forum: General Texas CHL Discussion
Topic: Legality Concealed Knives
Replies: 49
Views: 10769

A "butterfly" knife is not legal to carry because;

(11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that:
(A) opens automatically by pressure applied to a button or other device located on the handle; or
(B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.

and

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(5) a switchblade knife;

So the butterfly knife is not covered by sec. 46.02, which "does not apply" to CHL holders that have a handgun, but sec 46.05. Unless of course;

(d) It is an affirmative defense to prosecution under this section that the actor's conduct:
(1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio;

Good luck with that one.
by fiftycal
Mon Aug 27, 2007 5:58 pm
Forum: General Texas CHL Discussion
Topic: Legality Concealed Knives
Replies: 49
Views: 10769

Well, I have a lawyer buddy that said he'd take the case on contingency. Since he was one of the legislators on the floor when the bill was passed, I believe him.

And "intent" does not trump the black and white of the penal code. So if DPS thinks they can arrest someone for violating a law that "does not apply" to them, I hope they try.
by fiftycal
Mon Aug 27, 2007 5:16 pm
Forum: General Texas CHL Discussion
Topic: Legality Concealed Knives
Replies: 49
Views: 10769

Won't arrest me? Darn. I need the money. I'd love to get arrested for not breaking a law. Did DPS say what you would be charged with if you had a CHL and a handgun and "illegal" knive? I hope it's under Sec. 46.02. Then, not only will I get money, but whoever does the arresting can visit the Border Patrol agents in the slammer for violating my civil rights.

Course after Saturday, it won't matter as much since you can carry a handgun, illegal knive or club in you car without a license.
by fiftycal
Mon Aug 27, 2007 1:03 pm
Forum: General Texas CHL Discussion
Topic: Legality Concealed Knives
Replies: 49
Views: 10769

Yep. It's legal to carry a handgun, illegal knive or club IF you have a CHL and are carrying your handgun. Why? Because of this;

(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;

Several Representatives that I gave CHL training to agreed.

What is the charge? Illegally carrying a knive legally?
by fiftycal
Sun Aug 26, 2007 10:24 pm
Forum: General Texas CHL Discussion
Topic: Legality Concealed Knives
Replies: 49
Views: 10769

It's legal to carry an "illegal" knife if you have a CHL and are carrying your handgun.

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