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by EEllis
Tue Jul 08, 2014 11:21 am
Forum: Instructors' Corner
Topic: Penal Code 46.15 Nonapplicability
Replies: 18
Views: 6876

Re: Penal Code 46.15 Nonapplicability

TexasGal wrote:I would also wonder how much more complicated your defense would get if you used one of those in a deadly force encounter.
Outside of Austin or SA I think it might not be much of an issue. The thing about Texas is it's always been a "Officers Discretion" kind of State. Basicly we had all these laws against weapons but they were normally only enforced against certain kinds of people. Mainly black but it also included poor or those with a history. So if you were a upstanding citizen you wouldn't normally get charged with any weapons violations. Using an illegal knife would really only be an issue if there was some feeling that the use was questionable.
by EEllis
Mon Jul 07, 2014 11:54 pm
Forum: Instructors' Corner
Topic: Penal Code 46.15 Nonapplicability
Replies: 18
Views: 6876

Re: Penal Code 46.15 Nonapplicability

Personally I think it was an unintended consequence of the language used. That the lawmakers didn't intend to make it legal to carry anything other than a concealed firearm but the way it reads on it's face it does. That is absolutely no protection against arrest or prosecution never mind conviction. All it takes is a judge who decides based on what he thinks the legislature meant instead of what they wrote and you would be convicted. Mind you it shouldn't matter what they "meant", their intent, if the language is clear, but judges have done so before and it has held up in some cases so.........

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