large knives and batons?

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Jusme
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Re: large knives and batons?

#16

Post by Jusme »

puma guy wrote:
Jago668 wrote:The normal rule is 5.5" and single sharpened edge. Your own property, hunting, and sport have exceptions. Least that was my understanding. Also remember it isn't an illegal club, it is a tire thumper.
I remember when a lot of people had just bought a new handle for their ax and were "always" on their way home with it.

Or they had been trimming trees with their machete that was spotlessly clean. :mrgreen:
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Re: large knives and batons?

#17

Post by Unocat »

Breny414 wrote:My understanding is that 46.02 does not apply to an LTC that is actively carrying.
Read it again. 46-02. a-1 (1) specifically states 'handgun'. That leaves all the illegal knife and club as illegal.
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Breny414
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Re: large knives and batons?

#18

Post by Breny414 »

Unocat wrote:
Breny414 wrote:My understanding is that 46.02 does not apply to an LTC that is actively carrying.
Read it again. 46-02. a-1 (1) specifically states 'handgun'. That leaves all the illegal knife and club as illegal.
I'm not saying I'm reading it right, but here it is - §46.15 (b)(2):
PC §46.15. NON-APPLICABILITY.
.
.
.
(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;
.
.

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josehm89
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Re: large knives and batons?

#19

Post by josehm89 »

Breny414 wrote:
Unocat wrote:
Breny414 wrote:My understanding is that 46.02 does not apply to an LTC that is actively carrying.
Read it again. 46-02. a-1 (1) specifically states 'handgun'. That leaves all the illegal knife and club as illegal.
I'm not saying I'm reading it right, but here it is - §46.15 (b)(2):
PC §46.15. NON-APPLICABILITY.
.
.
.
(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;
.
.
does kind of read like the whole 46.02 does not apply so long as you are carrying a handgun with a valid license. I guess one could argue that it does not specify the handgun portion of 46.02 only does not apply. still a slippery slope. I suppose a 5.5 inch blade is plenty, and a spare mag or 2.
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Breny414
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Re: large knives and batons?

#20

Post by Breny414 »

josehm89 wrote:
Breny414 wrote:
Unocat wrote:
Breny414 wrote:My understanding is that 46.02 does not apply to an LTC that is actively carrying.
Read it again. 46-02. a-1 (1) specifically states 'handgun'. That leaves all the illegal knife and club as illegal.
I'm not saying I'm reading it right, but here it is - §46.15 (b)(2):
PC §46.15. NON-APPLICABILITY.
.
.
.
(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;
.
.
does kind of read like the whole 46.02 does not apply so long as you are carrying a handgun with a valid license. I guess one could argue that it does not specify the handgun portion of 46.02 only does not apply. still a slippery slope. I suppose a 5.5 inch blade is plenty, and a spare mag or 2.
Yes, I wouldn't try it either. Note that it still refers to "concealed handgun," so you know it's old law, right there with the old exception of "is traveling" which was replaced by the MPA.

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Re: large knives and batons?

#21

Post by Unocat »

Here is the relevant paragraph
Sec. 46.15. NONAPPLICABILITY.
...skip...
.....(b) Section 46.02 does not apply to a person who:
...skip...
..........(6) carrying:
...............(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
...............(B) a handgun:
.................... (i) in a concealed manner; or
.....................(ii) in a shoulder or belt holster;
So, at face value, you appear to be correct as long as you have a LTC and carrying open or concealed, 46.02 does not apply.

Not going to play with it, myself, but I reverse my original stance where I was just basing it off of what was in 46.02.
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Re: large knives and batons?

#22

Post by Breny414 »

Unocat wrote:Here is the relevant paragraph
Sec. 46.15. NONAPPLICABILITY.
...skip...
.....(b) Section 46.02 does not apply to a person who:
...skip...
..........(6) carrying:
...............(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
...............(B) a handgun:
.................... (i) in a concealed manner; or
.....................(ii) in a shoulder or belt holster;
So, at face value, you appear to be correct as long as you have a LTC and carrying open or concealed, 46.02 does not apply.

Not going to play with it, myself, but I reverse my original stance where I was just basing it off of what was in 46.02.
I was copying and pasting from here: http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf which is supposedly up-to-date for 2015 & 2016. I guess they didn't update all of it.

But you're still right too... I wouldn't try it.
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Re: large knives and batons?

#23

Post by Glockedandlocked »

Jusme wrote:
Breny414 wrote:My understanding is that 46.02 does not apply to an LTC that is actively carrying.

I think that the intent of the exclusion would pertain to handguns which also fall under prohibited weapons. Even so, the issue would have to be settled in court. You may beat the rap but you won't beat the ride. If my handgun is not "enough" protection I don't see having a large knife or baton as helpful.

:fire
There is something to this though, just because you have a firearm on you doesn't mean it should be your only force option, because deadly force isn't always authorized or the answer.

For me it is training, the force option continuum compels me to make sure I have a less lethal option on me as well.

When your only tool is a hammer, all problems become nails.
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Re: large knives and batons?

#24

Post by Jusme »

Glockedandlocked wrote:
Jusme wrote:
Breny414 wrote:My understanding is that 46.02 does not apply to an LTC that is actively carrying.

I think that the intent of the exclusion would pertain to handguns which also fall under prohibited weapons. Even so, the issue would have to be settled in court. You may beat the rap but you won't beat the ride. If my handgun is not "enough" protection I don't see having a large knife or baton as helpful.

:fire
There is something to this though, just because you have a firearm on you doesn't mean it should be your only force option, because deadly force isn't always authorized or the answer.

For me it is training, the force option continuum compels me to make sure I have a less lethal option on me as well.

When your only tool is a hammer, all problems become nails.

I agree I was only making the point that if a situation required the use of deadly force, which the use of ether a club or knife would potentially constitute, I would rather not have the added weight to carry around in addition to the fact that even as a LTC holder I could possibly be arrested and charged with carrying a prohibited weapon, it was simply not worth the risk.
Take away the Second first, and the First is gone in a second :rules: :patriot:
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Re: large knives and batons?

#25

Post by nightmare69 »

I've only used my ASP on dogs and adjusting the AC vents on the passager side of my patrol car.

It makes for a decent back scratcher also. Getting an itch wearing soft armor is not fun.
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Re: large knives and batons?

#26

Post by HKsig »

I know about the 46.15 and carry my big knife with 6 3/4" blade along with my pistol. I fixed the scabbard where the handle is above the belt line. Sometimes I'll carry the one with a 4 1/2" blade.

So far no one had bothered me about it.

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Re: large knives and batons?

#27

Post by MechAg94 »

So where do Tomahawks fit in with these laws? :mrgreen:

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Re: large knives and batons?

#28

Post by HKsig »

It's just what 46.15 implies, you can carry anything almost. That includes tomahawk, spear, sword, mace, etc etc.

A gun is more lethal than any of those but maybe not as messy though. Ever see anyone square off to a guy carrying a katana? :lol:

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Re: large knives and batons?

#29

Post by Unocat »

HKsig wrote:It's just what 46.15 implies, you can carry anything almost. That includes tomahawk, spear, sword, mace, etc etc.

A gun is more lethal than any of those but maybe not as messy though. Ever see anyone square off to a guy carrying a katana? :lol:
46.02 is does seem to cover all times under illegal knife and club as defined in 46.01, so tomahawks are in.

My new carry mode is going to be concealed handgun, with open carried sword and spear! Texas just got a whole lot cooler...

(1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk

6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being thrown;
(C) dagger, including but not limited to a dirk, stiletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
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Re: large knives and batons?

#30

Post by HKsig »

It adds a new meaning to "Don't Mess With Texas." :mrgreen:
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