HB3884
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Re: HB3884
Along with HB 905...otherwise, local govt's will just add them back to their long lists of ordinances.
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Re: HB3884
Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
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Re: HB3884
I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
Keep calm and carry.
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Licensing (n.) - When government takes away your right to do something and sells it back to you.
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Re: HB3884
You are correct mr1337:mr1337 wrote:I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
"C.S.H.B. 905 amends the Local Government Code to prohibit a municipality or county from adopting regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of knives. The bill prohibits a municipality or county from enforcing a regulation adopted by the municipality or county before the bill's effective date that relates to knives if the adoption of the regulation would be prohibited under the bill's provisions. The bill requires a court in which a proceeding is pending for a violation of such a regulation to dismiss the proceeding."
http://www.capitol.state.tx.us/BillLook ... Bill=HB905" onclick="window.open(this.href);return false;
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Re: HB3884
It only preempts "knife" as defined in 46.01, which is distinct from "location prohibited knives". It only preempts currently state-legal knives, not "illegal knives" or if hb3884 passes, "location prohibited knives".mr1337 wrote:I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
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Re: HB3884
Good catch, I didn't see that part of the bill. I withdraw previous statement.CJD wrote:It only preempts "knife" as defined in 46.01, which is distinct from "location prohibited knives". It only preempts currently state-legal knives, not "illegal knives" or if hb3884 passes, "location prohibited knives".mr1337 wrote:I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
So localities would still be able to create ordinances on knives over 5.5 inches in blade length, but not for any under 5.5 inches. I hope it will get fixed next session if it doesn't get amended this session. Still a victory either way.
Keep calm and carry.
Licensing (n.) - When government takes away your right to do something and sells it back to you.
Licensing (n.) - When government takes away your right to do something and sells it back to you.
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Re: HB3884
Don't forget throwing stars, daggers, swords, and spears too!mr1337 wrote:So localities would still be able to create ordinances on knives over 5.5 inches in blade lengthCJD wrote:It only preempts "knife" as defined in 46.01, which is distinct from "location prohibited knives". It only preempts currently state-legal knives, not "illegal knives" or if hb3884 passes, "location prohibited knives".mr1337 wrote:I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
Re: HB3884
Just as the definition of "knife" currently includes an "illegal knife," it would (under HB 3884) include a "location-prohibited knife."mr1337 wrote:Good catch, I didn't see that part of the bill. I withdraw previous statement.CJD wrote:It only preempts "knife" as defined in 46.01, which is distinct from "location prohibited knives". It only preempts currently state-legal knives, not "illegal knives" or if hb3884 passes, "location prohibited knives".mr1337 wrote:I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
So localities would still be able to create ordinances on knives over 5.5 inches in blade length, but not for any under 5.5 inches. I hope it will get fixed next session if it doesn't get amended this session. Still a victory either way.
Texas Penal Code Section 46.01(7) states:
It doesn't say "any bladed hand instrument other than an illegal knife" or "any bladed hand instrument other than a location-prohibited knife.""Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.
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Re: HB3884
I hadn't considered that, I just assumed that their being distinct meant they were exclusive. Admittedly, I don't know enough about law to know one way or the other, I just figured they were separated for a reason.Bladed wrote:Just as the definition of "knife" currently includes an "illegal knife," it would (under HB 3884) include a "location-prohibited knife."mr1337 wrote:Good catch, I didn't see that part of the bill. I withdraw previous statement.CJD wrote:It only preempts "knife" as defined in 46.01, which is distinct from "location prohibited knives". It only preempts currently state-legal knives, not "illegal knives" or if hb3884 passes, "location prohibited knives".mr1337 wrote:I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
So localities would still be able to create ordinances on knives over 5.5 inches in blade length, but not for any under 5.5 inches. I hope it will get fixed next session if it doesn't get amended this session. Still a victory either way.
Texas Penal Code Section 46.01(7) states:
It doesn't say "any bladed hand instrument other than an illegal knife" or "any bladed hand instrument other than a location-prohibited knife.""Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.
Re: HB3884
Basically, "knife" is the broad, all-encompassing category, and "illegal knife" (hopefully soon to be "location-prohibited knife") is a smaller subset of that category.CJD wrote:I hadn't considered that, I just assumed that their being distinct meant they were exclusive. Admittedly, I don't know enough about law to know one way or the other, I just figured they were separated for a reason.Bladed wrote:Just as the definition of "knife" currently includes an "illegal knife," it would (under HB 3884) include a "location-prohibited knife."mr1337 wrote:Good catch, I didn't see that part of the bill. I withdraw previous statement.CJD wrote:It only preempts "knife" as defined in 46.01, which is distinct from "location prohibited knives". It only preempts currently state-legal knives, not "illegal knives" or if hb3884 passes, "location prohibited knives".mr1337 wrote:I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
So localities would still be able to create ordinances on knives over 5.5 inches in blade length, but not for any under 5.5 inches. I hope it will get fixed next session if it doesn't get amended this session. Still a victory either way.
Texas Penal Code Section 46.01(7) states:
It doesn't say "any bladed hand instrument other than an illegal knife" or "any bladed hand instrument other than a location-prohibited knife.""Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.
An illegal knife is always a knife, but a knife isn't always an illegal knife.
Re: HB3884
Well, Criminal Justice published their agenda for next Tuesday. HB905 didn't 'make the cut' so....
Re: HB3884
That just means it's not currently on the agenda for that day. They may be holding 905 to be heard during the same hearing as 3884.thechl wrote:Well, Criminal Justice published their agenda for next Tuesday. HB905 didn't 'make the cut' so....
Bills can be added to an agenda, and committees often meet multiple times per week late in the session. They have until May 27 to get it out of committee and vote on it on the floor.
Re: HB3884
Thanks, Bladed.
When shared in this manner your knowledge is valuable and appreciated.
When shared in this manner your knowledge is valuable and appreciated.