Search found 4 matches

by RPB
Sat Sep 17, 2011 9:08 am
Forum: General Texas CHL Discussion
Topic: Texas Knife Laws - New Info
Replies: 78
Views: 26497

Re: Texas Knife Laws - New Info

Just a note about switchblades.

Texas law
Illegal under Texas law

Federal law
Was/may still be, illegal under Federal law BUT ...There used to be (unsure now) an exemption under Federal law for people who only had 1 hand (The Federal law exception didn't change the fact it was illegal under Texas law)

Murphy's law
Never carry one in a front pocket, there'll always be a Police officer in the store near you when you lean against a counter and it opens up with the blade in a place which makes you skeered to take a step and ..... well, just don't carry them .... don't ask how I know, but teens aren't as smart as old people are. Self-performed hernia surgery isn't a goal for which to strive. (And trying to be explaining to your date why you aren't going to go with her to another aisle to look at this or that ...while a policeman is within ear-shot is precarious in more ways than one)

IMHO Hardly worth owning one, even as an antique/curio ... I used to collect them as collectables in the 1960s, but disabled them and got rid of them many many years ago.
by RPB
Mon Jun 13, 2011 3:47 pm
Forum: General Texas CHL Discussion
Topic: Texas Knife Laws - New Info
Replies: 78
Views: 26497

Re: Texas Knife Laws - New Info

MasterOfNone wrote:
Geronimo45 wrote:Thanks for the discussion so far. I figure speedsix's position is what the judge(s) would say on the subject, despite the context supporting the other position (they say things extremely clearly in sec's C, D, etc). What we really need is the AG's opinion. This law (like many others) was poorly written.
I guess literacy is not a requirement for Texas legislators. :lol:

Maybe we can get knife laws struck out during the next legislative session.
I disagree. It is clearly written. It is just one area in which people are likely to try to guess the intent of the legislature while ignoring the written word.
Exactly, that's why I'd prefer a judge to a jury on this type situation, and pray the judge reads well in "applying the law" instead of one trying to "create law" :)

However ..... there's been a lot of "bad law" ... "made" ... by some Courts in the past.
by RPB
Mon Jun 13, 2011 2:19 pm
Forum: General Texas CHL Discussion
Topic: Texas Knife Laws - New Info
Replies: 78
Views: 26497

Re: Texas Knife Laws - New Info

So, as long as 1) CHL AND 2) handgun carried .... can ALSO carry ... machete/speargun/ninja swords/nunchucks?

I agree that's what it "says" ... but I doubt LEOs will read it that way, unknown how judges will read it, I wouldn't trust a jury to comprehend, and I'm still baffled why brass knuckles are more restricted than machetes in that case.

(Those are on my mind as a retired LEO with a booth at a gun show was selling "keyrings" that looked like a cat ... I say illegal, he says no, I think I'm correct.)
He says they are "aluminum" NOT BRASS ... I say tell the Judge that ...
(8) "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles.
(Knuckles are Sec. 46.05. PROHIBITED WEAPONS... not Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club )

http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;
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http://www.livefreestuff.com/portable-c ... ocalprice/" onclick="window.open(this.href);return false;

==========================

I think I'll just keep carrying my 2 to 3 guns ... the .45 and 9mm and the .32 for "close quarters". :mrgreen:
In the event of a malfunction, they are hard enough metal I wouldn't want to get poked in the eye/temple/throat with one.
My thumbnail is long/strong enough to use as a boxcutter though :mrgreen:
by RPB
Mon Jun 13, 2011 11:24 am
Forum: General Texas CHL Discussion
Topic: Texas Knife Laws - New Info
Replies: 78
Views: 26497

Re: Texas Knife Laws - New Info

speedsix wrote:NO...read (6) as: is carrying (What?)...a handgun (How?) under the authority of a concealed handgun license...mentions nothing about carrying a knife, club...specifically addresses handguns only...

Right, FLORIDA and some States have a CWP Concealed WEAPONS Permits, Texas has Concealed HANDGUN License.

People from Florida and other States need to understand that you can't carry say... brass knuckles here.


P.S. .... don't forget there is a FEDERAL law about switchblades too, though there used to be an exemption for people with only one arm/hand under Federal law..

Additionally, Firearms (not knives) are covered under Texas Preemption, so cities etc can't override State Law, but San Antonio has ordinances about what knife you can carry too.

I thought I posted case law here before about someone being convicted of using a club convicted of assault ... and carrying a club (actually it was a cane used as a club)... though I don't recall if it was a CHL or not....probably not.
viewtopic.php?f=94&t=43331&p=546300&hil ... ub#p546217" onclick="window.open(this.href);return false;
viewtopic.php?f=94&t=43331&p=546300&hil ... ub#p546300" onclick="window.open(this.href);return false;

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