Search found 1 match

by Beiruty
Fri Jun 08, 2012 12:25 am
Forum: General Texas CHL Discussion
Topic: Texas Knife Laws - New Info
Replies: 78
Views: 25705

Re: Texas Knife Laws - New Info

ELB wrote:This has been discussed a couple other times, but why not one more? :mrgreen:

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. :mrgreen:

If the lawmakers and DPS trust you with handgun, then it is not that crazy to trust you with 8" blade and. Your strong hand is grabbing that pistol, your adversary is trying to disarm you. You are fighting hard to safe keep and control your firearm. Your left hand (weak) has to reach for that "illegal knife for a non-CHLer" and get it to do some work. Then, you control your firearm and do some more damage. Do you need to carry that 8" blade?

Return to “Texas Knife Laws - New Info”