Thanks for spelling this out so clearly. I think one of the issues with this is that one court it won't necessarily set a legal precedence. The traveling laws situation is an example where one court says one thing and another sees it another way.srothstein wrote:TXI,
I agree with you that the intent of the legislature was never to allow the carrying of illegal knives or clubs, just because you had a CHL and a pistol on you. I also agree that DPS is teaching the law the way you stated and their troopers would arrest for it.
But, if I understand the process properly, the only time a court looks at legislative intent is when they are trying to clarify a vague section of the law. And I do not see any vagueness in this section of the law. It is clearly written that the section does not apply. This is what is known as the law of unintended consequences. Usually it does work against us, but sometimes it can be in our favor too.
I do not advise anyone to be the test case, because there are some DA's and judges that will ignore the written law for what they believe, and they might use the argument of legislative intent. I think you would win on appeal, but that is a long time and a lot of money down the road.
But it also is a great example of why I do not think DPS is really the pre-eminent authority on law enforcement in this state. They will play politics with their interpretations and classes.
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Return to “Legality Concealed Knives”
- Tue Aug 28, 2007 6:13 am
- Forum: General Texas CHL Discussion
- Topic: Legality Concealed Knives
- Replies: 49
- Views: 10773
- Mon Aug 27, 2007 8:18 pm
- Forum: General Texas CHL Discussion
- Topic: Legality Concealed Knives
- Replies: 49
- Views: 10773
Shooting them safely is the the same thing. I've been around long guns all my life, I understand the mechanisms of a Semi auto pretty well. The last time I handled a revolver I dumped the ammo all over the ground. .. For me a semi is a lot easier to handle. But the state of Texas says I can legally carry concealed a revolver. Why not the other way aroundTxRVer wrote:My assumption has always been that a pistol is more complicated than a revolver. Proficiency with a revolver doesn't indicate proficiency with a pistol. I could be wrong. That's just the way I see it.mcub wrote:I've jet to hear a decent explanation of why there is a separate Revolver class, which excludes semi-auto. Sure Semi's can have more ammo and the trigger is easier to pull, but either your reckless are your not.
The 4 safety rules still remain the same whether its a semi or revolver. Shooting them the principles are pretty much the same. Aim squeeze and bang.
- Sun Aug 26, 2007 4:03 pm
- Forum: General Texas CHL Discussion
- Topic: Legality Concealed Knives
- Replies: 49
- Views: 10773