mojo84 wrote: steveincowtown wrote:
mojo84 wrote:I haven't seen any widespread interest in getting these things legalized and I do not believe it worth any political capital or energy to do so.
Maybe LEOs could just read the law, and then enforce it as written. Not sure we need new laws to clarify what is written in a law already on the books.
I carry as ASP daily while walking my dog (while carrying a handgun under my LTC).
Due to the nature of the area I live in we are not only a frequent dumping ground for unwanted pets, we back up to a fairly wild area of green belt. I much rather have the choice to wack a threatening stray dog with my ASP then to have to use my sidearm.
I am beside myself that someone had to spend $5,000 to not get charged.
We need "loser pays" in Texas.
Loser pays is for civil suits. What does you carry an asp have to do with expending the effort to legalize brass knuckles which is what my comment was about?
I am aware that loser pays is for civil suits. I do not believe LEOs should be able to turn over cases to DAs that have no basis in what the law says. In the case discussed in this thread someone had to spend $5,000 to keep themselves from getting charged with an imaginary offense. This is not right.
mojo84 wrote:Are you implying both an asp and brass knuckles are already legal to carry?
Not implying anything. The law says what the law says (IANAL, YMMV).
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
Which includes ASP, and Knuckles, etc
Sec. 46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do not apply to:……<Snip>….
(6) is 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;
mojo84 wrote:By the way, laws are modified and clarified all the time without adding new ones.
mojo84 wrote:What exactly is your problem with my comment?
No problem, just discussion. I don't think it is worth the political capital do legalize them either since (IANAL, YMMV) the law clearly states that if you hold an LTC, and are carrying under the authority of that LTC, the items stated as prohibited in 46.02 are no longer prohibited. I cannot speak to legislative intent, etc. I can just read the law as written.
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