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matefrio wrote: ...

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

Status check: Howz it going?

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.

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?

RottenApple wrote: .... He also wondered why, if you've got a CHL and are carrying, would you want to also have an illegal knife or club?

Yes, hammer/nail. If you do even a little serious training defending against a close-in attack such as one would encounter on the street or bigboxstore parking lot, it doesn't take long to realize that a handgun is not a solution to every violent problem. Guns fail, jam, get dropped, and are easier to pin or disarm in a contact-distance fight than a blade. Much good work can be done with a "legal" knife, of course -- any blade is better than no blade -- but having the longer reach of an extended blade is definitely an advantage.

Previous discussions:

viewtopic.php?f=94&t=43331&hilit=unlawf ... ife+knives" onclick="window.open(this.href);return false;

viewtopic.php?f=23&t=41363&hilit=unlawf ... ife+knives" onclick="window.open(this.href);return false;

The are actually about batons, clubs, and canes, but same sections of the law apply. There are other threads on knives specifically, but for some reason my search-fu is weak today.

This has been discussed a couple other times, but why not one more?

Geronimo45 has the better of the argument here; RPB and Speedsix are misreading/misinterpreting the exemption in 46.15(b). (I am not sure 'exemption' is the right term, but it's what I am gonna go with for now):

Sec 46.15(b)(6) defines the conditions that must be met in order for an exemption to 46.02 to apply. In order to qualify for the exemption, you must have a concealed handgun license AND be carrying a concealed handgun of the same category authorized by your license. No, it does not mention knives or clubs or whatnot, but that is irrelevent -- the purpose of this section is to define the conditions under which the exemption applies: CHL + concealed handgun. It does not define what you may or may not carry -- you have to go see 46.02 to determine that.

Now, if you meet the conditions by having a CHL and concealed handgun, what are you exempt from? You are exempt from the prohibitions of 46.02, in its entirety. This is not qualified in any way -- it doesn't limit the exemption to handguns only -- it just says 46.02. This includes "handgun, illegal knife, or club." "Illegal knife" and "club" are of course defined just as Geronimo45 pointed out. And unfortunately this does not include switchblades.

This has not been thrashed out in court, AFAIK, so you decide for yourself, but it looks pretty clear to me, and many others on this board. A search on "knives unlawful carry" will bring up some more threads.

As far as San Antonio goes, last I look I believe they try to ban lockblades with a blade shorter than 5.5 inches. State law makes defines an illegal knife as one with a blade more than 5.5 inches. So it would appear to me that a person with a CHL and a concealed handgun could carry a lockblade knife with a blade over 5.5 inches and not run afoul of San Antonio ordinance or state law.

Or anyone could carry a lockblade with a blade EXACTLY 5.5. inches in San Antonio.