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speedsix wrote:...yup...if you're bringing it into the classroom, and keeping your personal stuff in it...it's become a designer purse...and you can't carry in your purse, either...neat little critter, but I'd hate to see one after Granny Smith didn't...with her Ford 250...
)If infact that was their intent the wording would be much more clear like this..AustinMRH wrote:I asked a friend of mine, a TX AG to read this block of law and tell me what he thought and his interpretation was different then yours (and mine). He interpreted it to say just what is confined to 46.15(b)(6), that 46.02 does not apply to a CHL holder as it relates to handguns (valid license issued of the same category). He didn't interpret it to say that as long as I have my gun and my CHL I can also carry anything prohibited by 46.02.HotLeadSolutions wrote:Is this post going to be completely ignored? Why would they have included CHL holders (carrying a gun and license...) in the same list with judges, officers and the such if they didnt mean it? Does someone have a good arguement as to why it is not legal for a chl holder to carry a pistol (of proper type) a license and a...switchblade? (choosing the most evil knife known to manlrb111 wrote:Someday someone is going to push this.TxLobo wrote:illegal...
considered a club.
CHAPTER 46. WEAPONS
§ 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
PC §46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued
under Subchapter H, Chapter 411, Government Code, to carry a
concealed handgun of the same category as the handgun the person
is carrying;
Notice is does not say what part of 46.02. I take that to mean all of 46.02.
It might still take a good lawyer to make it fly as a defense.)
While not a lawyer, I spend my days reading, interpreting, and applying the Texas Admin Code. Lots of decisions hinge on poor or inconsistent grammar. A poorly placed comma, a missing modifier, or accidental vagueness within TAC can make million dollar differences for the work I do. What I see in 46.15(b)(6) is a vagueness and as much as I would like to add an ASP to my carry bag (tactical briefcase for work) I'm not willing to be the test case for case law.
Is this post going to be completely ignored? Why would they have included CHL holders (carrying a gun and license...) in the same list with judges, officers and the such if they didnt mean it? Does someone have a good arguement as to why it is not legal for a chl holder to carry a pistol (of proper type) a license and a...switchblade? (choosing the most evil knife known to manlrb111 wrote:Someday someone is going to push this.TxLobo wrote:illegal...
considered a club.
CHAPTER 46. WEAPONS
§ 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
PC §46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued
under Subchapter H, Chapter 411, Government Code, to carry a
concealed handgun of the same category as the handgun the person
is carrying;
Notice is does not say what part of 46.02. I take that to mean all of 46.02.
It might still take a good lawyer to make it fly as a defense.
)