TexasCHLforum.com

cb1000rider wrote:

ScottDLS wrote: The firearm pre-emption and knife pre-emption says that they can't PASS LAWS (ordinances) making it ILLEGAL for CHL to carry, but what is your recourse if they physically prevent you from entering because you're carrying a pocket knife, or CCH?

Lawsuit. If you've got a lot of time and spare change. I'd rather solve the more pressing injustices first, but that's just my recommendation.

Last time I was in court, that court had posted a dress code. If you didn't comply, you weren't allowed in the court. Nothing illegal about wearing shorts, but they wouldn't let you in either... Course, we don't have a 2nd amendment right to wear shorts. (or carry knives)

Breny414 wrote:

ScottDLS wrote:

E.Marquez wrote:

Solaris wrote:

ScottDLS wrote:
Yes, but 46.03 only prohibits carrying "firearm, illegal knife, club, or prohibited weapon in a courthouse. 46.01 doesn't define a pocket knife as an "illegal knife".

46.03 defines what is illegal. There is a difference between what is illegal throughout the state and what is prohibited in the building. 5 gallons of gasoline being an example of something legal almost anywhere but will be nogo trying to carry it into a courthouse.

That was my point... the common pocket knife is not an illegal weapon, but it is still a knife, and as such "could" be considered a dangerous weapon. A rule applied by the apparent authority over the building might then forbid that dangerous weapon.

The question then goes to "What would they charge you with if you sneaked one in?" A moot point since they just kick you out once the metal detector goes off.

So what if Dallas City Hall decides a handgun in a "dangerous weapon" and uses their authority to deny you entry if you're carrying one? What can you do about it? Or the State Fair...

Dallas City Hall is prohibited by law from denying a CHL holder the right to carry. Is there a similar law regarding knives? The knife Preemption law says what is a legal/illegal knife but I don't think it prevents a municipality from prohibiting them behind a secured location.

E.Marquez wrote:

Solaris wrote:

ScottDLS wrote:
Yes, but 46.03 only prohibits carrying "firearm, illegal knife, club, or prohibited weapon in a courthouse. 46.01 doesn't define a pocket knife as an "illegal knife".

46.03 defines what is illegal. There is a difference between what is illegal throughout the state and what is prohibited in the building. 5 gallons of gasoline being an example of something legal almost anywhere but will be nogo trying to carry it into a courthouse.

That was my point... the common pocket knife is not an illegal weapon, but it is still a knife, and as such "could" be considered a dangerous weapon. A rule applied by the apparent authority over the building might then forbid that dangerous weapon.

E.Marquez wrote:

ScottDLS wrote:
Weapons are defined in PC 46.01 and common pocket knives are not weapons, so there is no law prohibiting you from carrying them in a courthouse.

Not arguing your point...
But for discussion. PC 46.01 says
"(7) "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."

I ANAL, however......it would seem this is a gray area, and the LEO or judge could look at almost ANY knife and say it is capable of inflicting serious bodily injury by stabbing if the blade is more than say an inch long.

Would you consider being stabbed / slashed in the carotid or brachial or femoral artery a serious injury? knowing you can bleed out in minutes from such a wound?
How about being stabbed in the eye? trachea?

Any of that takes a knife of just an inch or less in most cases.. morbidly obese persons may be safer from a slashing or stabbing attack to an artery. And a judge may be well within thier authority to restrict carrying such a "dangerous" weapon.

Bayoutalker wrote:

txcharvel wrote:

(7) "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.


Sec. 46.03. PLACES WEAPONS PROHIBITED.
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;

A knife is defined as a weapon. Weapons are not allowed in a polling place or courthouse, you were entering both.

As to how a person would know, the same way that you and I now know it, we tried it once.