New CHL Laws Posted at TX DPS site ---Studying???

[Greybeard]

lrb111 - http://www.capitol.state.tx.us/tlodocs/ ... 00378E.HTM does change Civil Remedies 83.001, apparently referencing all of Chapter 9 - which may be a good thing. But 9.06 is not specifically mentioned in SB 378. Time may tell how this all shakes out ...

[McKnife]

PC §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:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.(a-1) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

So, does this mean I can carry my butterfly knife and ASP baton in my vehicle now? -- looks like it to me. hmmm

[Charles L. Cotton]

PC §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:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.(a-1) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

So, does this mean I can carry my butterfly knife and ASP baton in my vehicle now? -- looks like it to me. hmmm

Yes.

[McKnife]

This is fantastic... I will definitely take advantage of this.

I was always afraid to carry my ASP in my car if I ever got pulled over.

[frankie_the_yankee]

Charles,

How aware do you think the average TX LEO is of this (to me) quirk in the law?

What are the chances someone carrying an "illegal" knife or club in their vehicle will be arrested and end up as a "test case", should an LEO become aware that they are carrying it?

Stephan,

Do you know if police are getting training as to the meaning of the new law, and that previously illegal knives, clubs, etc. were now legal when carried in vehicles?

[BrassMonkey]

All of our guys were off the road Friday taking a "Update to Texas Criminal Law" class on Friday. County had to cover for us.

Charles,

How aware do you think the average TX LEO is of this (to me) quirk in the law?

What are the chances someone carrying an "illegal" knife or club in their vehicle will be arrested and end up as a "test case", should an LEO become aware that they are carrying it?

Stephan,

Do you know if police are getting training as to the meaning of the new law, and that previously illegal knives, clubs, etc. were now legal when carried in vehicles?

[KBCraig]

PC §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:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.(a-1) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

So, does this mean I can carry my butterfly knife and ASP baton in my vehicle now? -- looks like it to me. hmmm

Yes.

I have to disagree. A butterfly knife is not an "illegal knife"; it is a "prohibited weapon", and would still be illegal to carry.

PC 46.01(11)(B) is the definition of a "switchblade knife", and is written so that butterfly knives fall into the definition. PC 46.05(a)(5) classifies "switchblade knives" as prohibited weapons.

The change will make it legal to carry the ASP in your car, as well as an "illegal knife" (more than 5.5 inches long; bowie knife; dirk; dagger; stilleto, etc.). But not prohibited weapons.

Kevin

[Skiprr]

This is fantastic... I will definitely take advantage of this.

I guess I just don't understand how much use an ASP baton would be inside your car or truck. I suppose if you have a long walk to and from your car, it might be brought into play should circumstances require, but in that case I think I'd be a lot more comfortable carrying my legal firearm.

[Charles L. Cotton]

Charles,

How aware do you think the average TX LEO is of this (to me) quirk in the law?

What are the chances someone carrying an "illegal" knife or club in their vehicle will be arrested and end up as a "test case", should an LEO become aware that they are carrying it?

Stephan,

Do you know if police are getting training as to the meaning of the new law, and that previously illegal knives, clubs, etc. were now legal when carried in vehicles?

That's a really good question; I wish I had an equally good answer. I'm encouraged with Brassmonkey's post that his dept. took an in-service class on new laws and I hope most departments do. Since this is a very significant change, I suspect most departments will probably do a good job of getting people training in the changes to the Penal Code. If I have any concern at all, it's that the bill was touted as both the "car-carry bill" and it's quasi-formal name, "Motorist Protection Act." Both of these titles connote guns, not knives and clubs. All in all, I think we'll be okay. There shouldn't be a test case on this one, since there isn't any interpretation necessary. Even if an arrest is made, surely a Sgt. or someone within the department will know the new law and the person will be released ASAP. Even if there isn't such a person in the dept., no DA or ADA will be accepting charges, except this guy in Harris County . . . naw, not this time, I'll leave him alone.

Chas.

[Charles L. Cotton]

PC §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:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.(a-1) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

So, does this mean I can carry my butterfly knife and ASP baton in my vehicle now? -- looks like it to me. hmmm

Yes.

I have to disagree. A butterfly knife is not an "illegal knife"; it is a "prohibited weapon", and would still be illegal to carry.

PC 46.01(11)(B) is the definition of a "switchblade knife", and is written so that butterfly knives fall into the definition. PC 46.05(a)(5) classifies "switchblade knives" as prohibited weapons.

The change will make it legal to carry the ASP in your car, as well as an "illegal knife" (more than 5.5 inches long; bowie knife; dirk; dagger; stilleto, etc.). But not prohibited weapons.

Kevin

Kevin's right; I missed the butterfly knife part.

Sorry,
Chas.

[fiftycal]

Would anyone care to put forth an opinion on winning a suit against a LEO and agency that wrongfully arrests someone for something that is now legal under the changes that are now in effect? How about action under federal civil rights laws?

[BrassMonkey]

People get arrested al the time and then let go. I don't see how the aspect of a changed law would open them up for more liability.

Would anyone care to put forth an opinion on winning a suit against a LEO and agency that wrongfully arrests someone for something that is now legal under the changes that are now in effect? How about action under federal civil rights laws?

[srothstein]

Charles,

How aware do you think the average TX LEO is of this (to me) quirk in the law?

What are the chances someone carrying an "illegal" knife or club in their vehicle will be arrested and end up as a "test case", should an LEO become aware that they are carrying it?

Stephan,

Do you know if police are getting training as to the meaning of the new law, and that previously illegal knives, clubs, etc. were now legal when carried in vehicles?

I think this one will be fairly well covered in the legal updates classes. My agency will definitely know about it. I cannot see an agency not mentioning this and the Castle Doctrine laws, as those are the two biggies for most police officers in this year's packet.

I will know more in about 3 months (I hope it is that quick) when TCLEOSE updates the lesson plan for the class every officer is required to take.

Fiftycal,

I would think that the liability would be the same as for any other false arrest case after about 6 months. For the next few months, I would think it would be significantly less. The courts would probably make an exception for a short time to give the agencies time to train all of the officers.

In other words, give it a reasonable amount of time for the lessons to make it to all of the officers, and there will be civil liabilities for false arrest on it.

[Renegade]

Would anyone care to put forth an opinion on winning a suit against a LEO and agency that wrongfully arrests someone for something that is now legal under the changes that are now in effect? How about action under federal civil rights laws?

Zero.

The arrest was made in good faith based on laws that have existed for decades.

[frankie_the_yankee]

Would anyone care to put forth an opinion on winning a suit against a LEO and agency that wrongfully arrests someone for something that is now legal under the changes that are now in effect? How about action under federal civil rights laws?

Zero.

The arrest was made in good faith based on laws that have existed for decades.