Good point.Bladed wrote:The key thing to note with regard to intent is the fact that the exception applies to a CHL holder only if he or she is carrying a concealed handgun. If the intent were to exempt CHL holders altogether, the law wouldn't require a CHL holder to be carrying a handgun before being able to carry an "illegal knife."CJD wrote:I thought that it wasn't the intent at first, but then wasn't sure. If someone is trusted enough to carry a handgun, then they should logically be trusted enough to carry an "illegal knife." Otherwise it's silly. Also, if they wanted it only to apply to handguns, they could have used language similar to SB11: "the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies.."Bladed wrote:That's one of those "You may not do the time, but you'll still do the ride," interpretations. That clearly isn't the intent of the law, but it is technically what the law says, so you'd probably be arrested, and you'd very likely be charged, but you'd probably be able to get the charges dismissed.Taypo wrote:I think I can see the interpretation but I'm not sure if I'm willing to be the test case on this one.CJD wrote:If you have a CHL and are carrying you are exempt from section 46.02, which in mine and many others interpretation means you may carry an "illegal knife."
At least one (I think former) member of this board had charges of carrying an "illegal knife" dismissed that way. Unfortunately, there haven't been any court rulings on the law, so there is no case law to fall back on.
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Return to “So what's the deal with knives now?”
- Tue Jun 02, 2015 7:53 am
- Forum: 2015 Legislative Session
- Topic: So what's the deal with knives now?
- Replies: 32
- Views: 18642
Re: So what's the deal with knives now?
- Mon Jun 01, 2015 1:10 pm
- Forum: 2015 Legislative Session
- Topic: So what's the deal with knives now?
- Replies: 32
- Views: 18642
Re: So what's the deal with knives now?
I thought that it wasn't the intent at first, but then wasn't sure. If someone is trusted enough to carry a handgun, then they should logically be trusted enough to carry an "illegal knife." Otherwise it's silly. Also, if they wanted it only to apply to handguns, they could have used language similar to SB11: "the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies.."Bladed wrote:That's one of those "You may not do the time, but you'll still do the ride," interpretations. That clearly isn't the intent of the law, but it is technically what the law says, so you'd probably be arrested, and you'd very likely be charged, but you'd probably be able to get the charges dismissed.Taypo wrote:I think I can see the interpretation but I'm not sure if I'm willing to be the test case on this one.CJD wrote:If you have a CHL and are carrying you are exempt from section 46.02, which in mine and many others interpretation means you may carry an "illegal knife."
At least one (I think former) member of this board had charges of carrying an "illegal knife" dismissed that way. Unfortunately, there haven't been any court rulings on the law, so there is no case law to fall back on.
- Mon Jun 01, 2015 8:21 am
- Forum: 2015 Legislative Session
- Topic: So what's the deal with knives now?
- Replies: 32
- Views: 18642
Re: So what's the deal with knives now?
If you have a CHL and are carrying you are exempt from section 46.02, which in mine and many others interpretation means you may carry an "illegal knife."