SBRing a rifle while having CHL?

[jhutto]

I am interested in the spinoff of a CHL can carry certain otherwise prohibited items.

Specificly I am interested in carring my Benchmade 9050 Auto knife. Any further information and idea's about this??


b) Section 46.02 does not apply to a person who:...
(6) is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;

[rm9792]

.

I
Is the BATFE gonna see it that way?

Not sure what part of what I wrote you mean, but the answer would still be "yes".

Are you saying i can go buy a FN PS90, chop the barrel to its proper length making it a SBR and not have to deal with the atf since i have a CHL? So if the ATF is at PSC being nosy and see me with it they cant do anything about it? That is the main reason i havent picked one up because it is damn ugly with the long barrel.
I have a CX4 Storm that i would love to cut the excess barrel off of to make it look right.

[Syntax360]

That isn't at all what he was saying. This isn't too difficult, folks - if you want to play with class 3/NFA stuff, you have to pay your $200 and go through the proper channels just like anyone else. Your CHL only allows you to carry a concealed firearm. Renegade was simply commenting that a person who has a CHL and has gone through the proper channels to obtain a NFA item can legally carry some of those items - provided you can legally own them.


Simply getting the tax stamp is not enough to legally carry the weapon. Simply getting a CHL is not enough to own or modify an existing weapon to make it NFA. The two having NOTHING TO DO with one another. A glock 18 would be a good example of illustrating his point. Renegade was simply stating that if one went though all the right channels to legally own a glock 18, he technically could carry it as his CCW provided he has a CHL. Now whether or not the ATF/local LEO would try to hang you for carrying the NFA item, let alone if you had to use it, is another story altogether. We all know how well these very "technically OK" matters tend to go when the a problem arises. IMHO, you would probably beat the rap, but you're not going to beat the ride.

The other fun part of these types of debates is whether or not you could legally carry your tax-stamp-approved SBR PS90... I do not know how one would effective conceal it, but for the sake of argument, it could be a fun debate... And if not a PS90, what about an AK or AR pistol? They are technically pistols, so it should technically be OK to carry, right?

[hoytinak]

hahaha....I wouldn't want to carry my PS90 after I SBR'd it. I just think It's a fun little range gun and it'd look better SBR'd. I do have a buddy in NC that sometimes CC an AK74 pistol, I think he does it just cause he can though.

[Renegade]

That isn't at all what he was saying. This isn't too difficult, folks - if you want to play with class 3/NFA stuff, you have to pay your $200 and go through the proper channels just like anyone else. Your CHL only allows you to carry a concealed firearm. Renegade was simply commenting that a person who has a CHL and has gone through the proper channels to obtain a NFA item can legally carry some of those items - provided you can legally own them.

Exactly.

[txinvestigator]

I am interested in the spinoff of a CHL can carry certain otherwise prohibited items.

Specificly I am interested in carring my Benchmade 9050 Auto knife. Any further information and idea's about this??


b) Section 46.02 does not apply to a person who:...
(6) is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;

How does that knife open? If it opens automatically by pushing a button on the handle or sheath, or by the application of centrifical force, it is a switchblade and a prohibited weapon. It is illegal to possess.

[nemesis]

In a somewhat related topic, I heard thru conversation with someone that a person with a FFL cannot get a Texas CHL. This definitely set off my bull detector as it seems one shouldn't impact the other..

Can anyone confirm or deny the above?

Deny. My buddy has had an FFL and CHL for many years.

[KBCraig]

How does that knife open? If it opens automatically by pushing a button on the handle or sheath, or by the application of centrifical force, it is a switchblade and a prohibited weapon. It is illegal to possess.

§ 46.05. PROHIBITED WEAPONS.
(d) It is an affirmative defense to prosecution under this
section that the actor's conduct:
(1) was incidental to dealing with a switchblade
knife, springblade knife, or short-barrel firearm solely as an
antique or curio;

[txinvestigator]

How does that knife open? If it opens automatically by pushing a button on the handle or sheath, or by the application of centrifical force, it is a switchblade and a prohibited weapon. It is illegal to possess.

§ 46.05. PROHIBITED WEAPONS.
(d) It is an affirmative defense to prosecution under this
section that the actor's conduct:
(1) was incidental to dealing with a switchblade
knife, springblade knife, or short-barrel firearm solely as an
antique or curio;

I know. He wants to carry it, and that does not sound like an antique (the knife he described certainly is not) or curio.

[KBCraig]

We really need to take one of those "illegal knives" (like a machete) and start hacking out huge chunks of PC 46.

Personally, I'd take an axe to the roots and eliminate the whole chapter. But I realize that's not likely to happen.