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Re: A truly stupid question - batrang
Posted: Mon Jan 12, 2009 11:50 am
by skankpile
In all seriousness I'm confused by this as well because as a CHL I'd like to be able to carry my microtek autoknives:
http://www.microtechknives.com/troodon.html
And, under PC46.15 Nonapplicability, as it applies to 46.02 & 46.03 (illegal weapons), under the double ammendments 7(A)
"Licensed to carry a concealed handgun under Chapter 411, Government Code; and (B) engaged in escorting the judicial officer."
Does this mean that you can carry your bat-stars, clubs, and swithblades if you are a CHL?
Re: A truly stupid question - batrang
Posted: Mon Jan 12, 2009 12:00 pm
by atxgun
skankpile wrote:In all seriousness I'm confused by this as well because as a CHL I'd like to be able to carry my microtek autoknives:
http://www.microtechknives.com/troodon.html
And, under PC46.15 Nonapplicability, as it applies to 46.02 & 46.03 (illegal weapons), under the double ammendments 7(A)
"Licensed to carry a concealed handgun under Chapter 411, Government Code; and (B) engaged in escorting the judicial officer."
Does this mean that you can carry your bat-stars, clubs, and swithblades if you are a CHL?
Concealed Handgun License is just that. It does not permit you to carry clubs, illegal knives, etc. I think it is kind of stupid but that's how it works.
Re: A truly stupid question - batrang
Posted: Mon Jan 12, 2009 1:35 pm
by Liberty
atxgun wrote:
Concealed Handgun License is just that. It does not permit you to carry clubs, illegal knives, etc. I think it is kind of stupid but that's how it works.
Is that what the law says? The wording of the laws seem to indicate that it is OK, although a reasonable argument can be made about the intent of the law.
The real answer is that no one really knows. Know one will really know until it goes to court and gets appealed all the way to the top. Remember though Judges aren't selected because of their brilliance but because of who they know and how attractive they are to the voters. If the law was cut and dry we wouldn't have so many split decisions.
While I believe that it is perfectly legal for a CHL holder to carry these weapons, I would never trust my future and my savings to the whims of an LEO, the lawyers and Judges, because in reality once it goes into the legal system its a 'dice playing game' shoot. The only thing one could be sure about is that it is gonna cost a lot of money.
Re: A truly stupid question - batrang
Posted: Mon Jan 12, 2009 5:16 pm
by Captain Matt
skankpile wrote:"Licensed to carry a concealed handgun under Chapter 411, Government Code; and (B) engaged in escorting the judicial officer."
Does this mean that you can carry your bat-stars, clubs, and swithblades if you are a CHL?
Do you escort judicial officers?
Also, switchblades are covered by 46.05. PROHIBITED WEAPONS.
Re: A truly stupid question - batrang
Posted: Tue Jan 13, 2009 10:30 am
by Frost
Liberty wrote:Is that what the law says? The wording of the laws seem to indicate that it is OK, although a reasonable argument can be made about the intent of the law.
[/quote]
(b) Section 46.02 does not apply to a person who:
(6)
is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;
If you would like to be a test case that is up to you, but make sure you are carrying your gun and your license in addition to the illegal knife. I think it would be a really bad idea.
Re: A truly stupid question - batrang
Posted: Tue Jan 13, 2009 11:20 am
by Liberty
Frost wrote:Liberty wrote:Is that what the law says? The wording of the laws seem to indicate that it is OK, although a reasonable argument can be made about the intent of the law.
(b) Section 46.02 does not apply to a person who:
(6)
is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;
If you would like to be a test case that is up to you, but make sure you are carrying your gun and your license in addition to the illegal knife. I think it would be a really bad idea.[/quote]
I would never suggest or imply that carrying such things is a good idea, and I thought I was pretty clear on on that. But there are folks outright stating that a CHL doesn't cover the banned weapons. And that isn't true either. Ubfortunatly you left out the rest of my post that explained.
Liberty wrote:
The real answer is that no one really knows. Know one will really know until it goes to court and gets appealed all the way to the top. Remember though Judges aren't selected because of their brilliance but because of who they know and how attractive they are to the voters. If the law was cut and dry we wouldn't have so many split decisions.
While I believe that it is perfectly legal for a CHL holder to carry these weapons, I would never trust my future and my savings to the whims of an LEO, the lawyers and Judges, because in reality once it goes into the legal system its a 'dice playing game' shoot. The only thing one could be sure about is that it is gonna cost a lot of money.
Even though I believe the law is pretty clear even winning this one is gonna cost a lot of money. Anyone carrying these blades and knives needs to understand that they are left to whims of the courts and they do not always see the law as it is plainly and clearly written.