When interpreting an unclear statute, legislative history (or intent of the legislature as you put it) has to be considered by the court. Due to the haphazard way that the legislature passes statutes at the last minute of every session, there are numerous conflicts that arise in the laws. In an effort to resolve the conflicts, legislative history is considered to assist in reconciling the conflicts.BadCo45ACP wrote:When a buisness owner posts an improper 30.06 and someone says..."its clear their intent", we still disregard the sign because "Intent" doesn't matter, but when the code seems to have an unintended consequence, the "Intent of the Legislature" is taken into account?Penn wrote:It wasn't their intent - but ...............txinvestigator wrote:That has been argued here several times. It was not the legislative intent that you can carry other weapons, and it is called a concealed HANDGUN license, not a concealed WEAPONS License.fiftycal wrote: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?
DPS tells us at instructor school that it is a voilation, and LE officers that I know will arrest.
If you wanna be a test case I would love to read about it.
If someone stands on a street corner and attempts to prevent traffic from entering a public street, you can ignore him as he is not exercising any legally recognized right. The gunbuster signs are the functional equivalent of the man on the corner trying to prevent any cars from entering a public street. The man's intent is irrelevant since he has not met the basic requirements of the law.
I hope this helps explain the issue.