Here are some other sections from 46.15 where the individual sections of 46.02 are excepted. This is not done in 46.15(b)(6).
46.15(c) The provision of Section 46.02 prohibiting the carrying
of a club does not apply to a noncommissioned security guard at an
institution of higher education who carries a nightstick or similar
club, and who has undergone 15 hours of training in the proper use
of the club, including at least seven hours of training in the use
of the club for nonviolent restraint. For the purposes of this
subsection, "nonviolent restraint" means the use of reasonable
force, not intended and not likely to inflict bodily injury
46.15(d) The provisions of Section 46.02 prohibiting the
carrying of a firearm or carrying of a club do not apply to a public
security officer employed by the adjutant general under Section
431.029, Government Code, in performance of official duties or
while traveling to or from a place of duty.
Why not put a section like this in for CHL holders if their original intent was to only allow carry of a concealed handgun?
If they change 46.15 b6 to to read "The provisions of Section 46.02 prohibiting the carrying of a firearm do not apply to a CHL holder etc then it would be illegal - Otherwise, carrying a club or otherwise illegal knife is legal for a CHL holder when they have their firearm.
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Return to “Legality Concealed Knives”
- Tue Aug 28, 2007 11:26 am
- Forum: General Texas CHL Discussion
- Topic: Legality Concealed Knives
- Replies: 49
- Views: 10687
- Mon Aug 27, 2007 7:34 pm
- Forum: General Texas CHL Discussion
- Topic: Legality Concealed Knives
- Replies: 49
- Views: 10687
46.15 (b) (6) states that 46.02 does not apply if you're carrying a handgun. Okay - that's fair. Now go back to 46.02. What does that say? Illegal to carry handguns knives clubs etc. 46.15 doesn't exempt one part of 46.02, but the whole thing if you have your gun.txinvestigator wrote:I am not gonna be a test case.Penn wrote:It wasn't their intent - but it still says that the section doesn't apply. Black and White "DOES NOT APPLY". They need to add some words in there to reflect that it doesn't apply to handguns only. Look up the definition of "loophole".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.
However, read carefully the other sections of 46.15 (b). It is clear, at least to me. But don't worry, it will not be me that arrests ya for it.
I think it was an oversight - but who knows. MAybe the legislators wanted to give CHL holders the ability to carry a secondary non-lethal weapon (Asp, not knife obviously)
I guess I'm just playing devils advocate here because I don't carry a knife, but I would like to carry an ASP but don't because I don't want to be a test case either.
- Mon Aug 27, 2007 5:03 pm
- Forum: General Texas CHL Discussion
- Topic: Legality Concealed Knives
- Replies: 49
- Views: 10687
It wasn't their intent - but it still says that the section doesn't apply. Black and White "DOES NOT APPLY". They need to add some words in there to reflect that it doesn't apply to handguns only. Look up the definition of "loophole".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.