Open Carry in Texas - Applying for License

seamusTX · Post by **seamusTX** » Mon Jul 23, 2007 8:59 am

The law, PC 46.15, quoted above, makes it legal to possess a handgun, knife, or club while traveling. If you are caught with one, you will most likely be arrested and have to argue your case. I wouldn't do it.

- Jim

txinvestigator · Post by **txinvestigator** » Mon Jul 23, 2007 10:07 am

seamusTX wrote:The law, PC 46.15, quoted above, makes it legal to possess a handgun, knife, or club while traveling. If you are caught with one, you will most likely be arrested and have to argue your case. I wouldn't do it.

- Jim

Jim, that is not true at all. I know the Houston DA wants to prosecute those cases, but most cops know the law and apply it properly.

I took a very informal survey in Dallas last year, and Dallas area officers are seem to be in line with the law.

All that said, on Sept. 1 of this year it will be moot. New law will clearly make it no illegal to carry in a vehicle without a CHL.

seamusTX · Post by **seamusTX** » Mon Jul 23, 2007 10:22 am

txinvestigator wrote:Jim, that is not true at all. I know the Houston DA wants to prosecute those cases, but most cops know the law and apply it properly.

I don't know the statistics. I'll take your word for it.

I don't want to be arrested, and I don't want to put myself in the position of hoping the LEO understands the law the same as I do.

I realize there are brave people who are willing to exercise their rights. More power to them.

- Jim

KBCraig · Post by **KBCraig** » Mon Jul 23, 2007 10:32 am

txinvestigator wrote:
seamusTX wrote:The law, PC 46.15, quoted above, makes it legal to possess a handgun, knife, or club while traveling. If you are caught with one, you will most likely be arrested and have to argue your case. I wouldn't do it.

- Jim
Jim, that is not true at all. I know the Houston DA wants to prosecute those cases, but most cops know the law and apply it properly.

Including the exception for illegal knives and clubs? I thought that was where the discussion had veered.

The law, on its face, does indeed allow you to carry an illegal knife or club while traveling, or with a CHL. That's what the law says, but the problem is that it's not what the law means -- at least not according to lots of people, including those who wrote the law.

Any court case would come down to legislative intent. That's a pretty big gamble to take.

txinvestigator · Post by **txinvestigator** » Mon Jul 23, 2007 12:02 pm

KBCraig wrote:
txinvestigator wrote:
seamusTX wrote:The law, PC 46.15, quoted above, makes it legal to possess a handgun, knife, or club while traveling. If you are caught with one, you will most likely be arrested and have to argue your case. I wouldn't do it.

- Jim
Jim, that is not true at all. I know the Houston DA wants to prosecute those cases, but most cops know the law and apply it properly.
Including the exception for illegal knives and clubs? I thought that was where the discussion had veered.

The law, on its face, does indeed allow you to carry an illegal knife or club while traveling, or with a CHL. That's what the law says, but the problem is that it's not what the law means -- at least not according to lots of people, including those who wrote the law.

Any court case would come down to legislative intent. That's a pretty big gamble to take.

To be fair, I didn't ask about illegal knives and clubs. Your point is well made.

srothstein · Post by **srothstein** » Mon Jul 23, 2007 8:42 pm

chewy555 wrote:Sorry LT, I should have been more clear. I ment while traveling can I have the ASP in the vehicle.

Technically, the way the law is right now, if you are traveling, you can carry a club or knife, instead of or in addition to a firearm.

the question becomes how to prove you are traveling. It goes back to the old issue of what is traveling. Also, with the changes to the law taking effect on Sep 1., it is clearly legal to have an illegal knife or club in your car.

longtooth wrote:Your Texas Concealed HANDGUN Liscense does not allow you to carry anything under it authority except a handgun.
I believe an ASP would be considered an illegal club if you carried it.
I also would think there might be some issues w/ it in your vehicle.
One of our LEOs will be in shortly I am sure.

While I agree with what you were trying to say, it is very debatable in its exact meaning. There is a question of whether or not you can be charged for unlawfully carrying a club IF you also have a handgun on your person with your CHL. The way the law is worded, 46.02 does not apply if you have a CHL and a handgun. This means that the section on illegal knives and clubs also doe snot apply under those conditions.

I do not recommend relying on my interpretation of this though as I never recommend being a test case. It can certainly be argued that a CHL, by definition, only allows a handgun and the wording is solely meant to allow a handgun. Being a test case is a BAD idea.

longtooth · Post by **longtooth** » Mon Jul 23, 2007 8:58 pm

Yes sir, your last Paragraph is why I said what I did. Our fearless leader gave me a statement about being the test case shortly after I came aboard. I will never forget it either.
"Those who are on the cutting edge of law usually bleed to death financially."
I dont have enough money to prove a point the size of a sewing needle.

LT

chewy555 · Post by **chewy555** » Tue Jul 24, 2007 7:41 am

srothstein wrote:
chewy555 wrote:Sorry LT, I should have been more clear. I ment while traveling can I have the ASP in the vehicle.
Technically, the way the law is right now, if you are traveling, you can carry a club or knife, instead of or in addition to a firearm.

the question becomes how to prove you are traveling. It goes back to the old issue of what is traveling. Also, with the changes to the law taking effect on Sep 1., it is clearly legal to have an illegal knife or club in your car.

longtooth wrote:Your Texas Concealed HANDGUN Liscense does not allow you to carry anything under it authority except a handgun.
I believe an ASP would be considered an illegal club if you carried it.
I also would think there might be some issues w/ it in your vehicle.
One of our LEOs will be in shortly I am sure.
While I agree with what you were trying to say, it is very debatable in its exact meaning. There is a question of whether or not you can be charged for unlawfully carrying a club IF you also have a handgun on your person with your CHL. The way the law is worded, 46.02 does not apply if you have a CHL and a handgun. This means that the section on illegal knives and clubs also doe snot apply under those conditions.

I do not recommend relying on my interpretation of this though as I never recommend being a test case. It can certainly be argued that a CHL, by definition, only allows a handgun and the wording is solely meant to allow a handgun. Being a test case is a BAD idea.

Thanks for the info. I sure do not what to be a test case.
I did not mean to take this off topic, I shoould have started a new post, sorry about that.

AmnChode · Post by **AmnChode** » Fri Jul 27, 2007 12:37 pm

It is kinda funny yall bring this up. I was thinking about this earlier. Supposedly there is a city ordinance against carrying lock blade knives in San Antonio (haven't seen the actual ordinance, so can't confirm). With that being said, LEOs here would have issues with me to carrying a lock blade knife in my pocket, but because of my CHL, they'd have no issue with the .45 on my hip. Maybe it is just me, but I find that rather ironic.

txinvestigator · Post by **txinvestigator** » Fri Jul 27, 2007 1:08 pm

AmnChode wrote: With that being said, LEOs here would have issues with me to carrying a lock blade knife in my pocket, but because of my CHL, they'd have no issue with the .45 on my hip. Maybe it is just me, but I find that rather ironic.

I guess since you referenced San Antonio you live there, and that is the "here" you referenced.

It is not the LEOs that have an issue, it is the legislators. LEOs simply enforce the law.

AmnChode · Post by **AmnChode** » Fri Jul 27, 2007 3:15 pm

Liberty · Post by **Liberty** » Fri Jul 27, 2007 8:11 pm

txinvestigator wrote: It is not the LEOs that have an issue, it is the legislators. LEOs simply enforce the law.

I find it hard to believe that any legislator had anything to do with that law. It was likely the city council that authored and approved this one.

txinvestigator · Post by **txinvestigator** » Fri Jul 27, 2007 10:07 pm

Liberty wrote:
txinvestigator wrote: It is not the LEOs that have an issue, it is the legislators. LEOs simply enforce the law.
I find it hard to believe that any legislator had anything to do with that law. It was likely the city council that authored and approved this one.

Speaking of a San Antonio Ordinance, the yes, the City Council enacted it. That fact does not change my point.