Legality Concealed Knives

[Popshot]

Welcome to Texas, where we can at least be somewhat free

Unless you want to carry the knife named for a Hero of the Alamo.

KBCraig,

Excellent point! Very ironic, indeed.

[Penn]

Here are some other sections from 46.15 where the individual sections of 46.02 are excepted. This is not done in 46.15(b)(6).

46.15(c) The provision of Section 46.02 prohibiting the carrying
of a club does not apply to a noncommissioned security guard at an
institution of higher education who carries a nightstick or similar
club, and who has undergone 15 hours of training in the proper use
of the club, including at least seven hours of training in the use
of the club for nonviolent restraint. For the purposes of this
subsection, "nonviolent restraint" means the use of reasonable
force, not intended and not likely to inflict bodily injury

46.15(d) The provisions of Section 46.02 prohibiting the
carrying of a firearm or carrying of a club do not apply to a public
security officer employed by the adjutant general under Section
431.029, Government Code, in performance of official duties or
while traveling to or from a place of duty.

Why not put a section like this in for CHL holders if their original intent was to only allow carry of a concealed handgun?


If they change 46.15 b6 to to read "The provisions of Section 46.02 prohibiting the carrying of a firearm do not apply to a CHL holder etc then it would be illegal - Otherwise, carrying a club or otherwise illegal knife is legal for a CHL holder when they have their firearm.

[fiftycal]

A "butterfly" knife is not legal to carry because;

(11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that:
(A) opens automatically by pressure applied to a button or other device located on the handle; or
(B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.

and

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(5) a switchblade knife;

So the butterfly knife is not covered by sec. 46.02, which "does not apply" to CHL holders that have a handgun, but sec 46.05. Unless of course;

(d) It is an affirmative defense to prosecution under this section that the actor's conduct:
(1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio;

Good luck with that one.

[Nazrat]

Yep. It's legal to carry a handgun, illegal knive or club IF you have a CHL and are carrying your handgun. Why? Because of this;

(b)Section 46.02 does not apply to a person who:


(6) is carrying a concealed handgun and a valid
license issued under Article 4413(29ee), Revised Statutes, to carry
a concealed handgun of the same category as the handgun the person
is carrying;

Several Representatives that I gave CHL training to agreed.

What is the charge? Illegally carrying a knive legally?

That has been argued here several times. It was not the legislative intent that you can carry other weapons, and it is called a concealed HANDGUN license, not a concealed WEAPONS License.

DPS tells us at instructor school that it is a voilation, and LE officers that I know will arrest.

If you wanna be a test case I would love to read about it.

It wasn't their intent - but ...............

When a buisness owner posts an improper 30.06 and someone says..."its clear their intent", we still disregard the sign because "Intent" doesn't matter, but when the code seems to have an unintended consequence, the "Intent of the Legislature" is taken into account?

When interpreting an unclear statute, legislative history (or intent of the legislature as you put it) has to be considered by the court. Due to the haphazard way that the legislature passes statutes at the last minute of every session, there are numerous conflicts that arise in the laws. In an effort to resolve the conflicts, legislative history is considered to assist in reconciling the conflicts.

If someone stands on a street corner and attempts to prevent traffic from entering a public street, you can ignore him as he is not exercising any legally recognized right. The gunbuster signs are the functional equivalent of the man on the corner trying to prevent any cars from entering a public street. The man's intent is irrelevant since he has not met the basic requirements of the law.

I hope this helps explain the issue.

[stevie_d_64]

a neck knife? can you provide a link?

http://www.crkt.com/neck.html

No offence, but I stopped after:

"Every professional operator..."

Now...Of course if this is something people are thinking about doing to cover some aspect of what they believe is going to be a potential threat to them over their lives...Then you betcha...I'd look into it...

But...

You had better get some close combat training in the use of edge weaponry...Thats going to cost you $$$ and time...And I believe its worth it...If you believe you already know how to do this...A refresher should be fun...

In my opinion (and experience) it is not so much as to "how" you'd operate "offensively" in conditions like this, it is just as important, if not more, to be able to "defend" against it being used on you...

An instructor told me on our first day...

"So you got a knife? Now what do you think you're going to do?"

I learned to not be permanently scarred, mentally, being humiliated by that man...

Just something to think about...