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Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Sun Mar 02, 2014 9:11 am
by jbarn
txcharvel wrote:


The pocket knife referenced in the OP is not a prohinited weapon, nor were they saying it was prohibited under law to carry it there. It is their rule, and they are free to enforce it.

The courthouse ban on knives has nothing with the legality of the knife. They just don't allow them.
To clarify, the deputies specifically said that under Texas Penal Code my knife was not allowed to be carried into the building. They also referred to a sign banning weapons "according to Texas Penal Code".
Thanks for the clarification. Yeah, they were mistaken
Plus, they can't have a rule to simply "not allow" something. It is a public building, if it not specifically illegal then it's considered legal. That is how our laws are written. My particular knife is defined in the law, but that same knife is not listed as a prohibited weapon. Therefore it is not prohibited.

A public building can absolutely not allow something. They cannot arrest you for carrying it as a prohibited weapon or illegal knife, but they certainly can tell you that you cannot carry it there. An item being unlawful is different than an item being not allowed in.

There is nothing illegal about them prohibiting your knife.

As an example, cell phones with cameras are not allowed in many courthouses.

Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Sun Mar 02, 2014 9:43 am
by stash
My response here does not relate to your question, but what happened to you is just another reason why, in the future I will only vote by mail. When I went to vote the other day (early voting) I had to sign some affidavit or something like that because after all these years the name on my DL (same name for over 55 years) was different from the voter reg. card. Also, after all these years my wife had to sign the same kind of thing because her maiden name has suddenly appeared on her voter reg.

Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Sun Mar 02, 2014 11:03 am
by texanjoker
Courts don't allow weapons and a knife can be a weapon. That is why they also run everybody's belongings through the metal detectors and such. They probably have to argue with 50 people a day about pocket knives and it probably gets old. I know I laughed at them 2 weeks ago when I went armed in uniform to have a warrant signed. They wanted to see my ID. I've never been asked for ID in uniform before, but their house their rules.

Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Sun Mar 02, 2014 2:07 pm
by hillfighter
txcharvel wrote:Plus, they can't have a rule to simply "not allow" something. It is a public building, if it not specifically illegal then it's considered legal. That is how our laws are written. My particular knife is defined in the law, but that same knife is not listed as a prohibited weapon. Therefore it is not prohibited.
They let you in after you argued with them?

Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Sun Mar 02, 2014 2:58 pm
by txcharvel
texanjoker wrote:Courts don't allow weapons and a knife can be a weapon. That is why they also run everybody's belongings through the metal detectors and such. They probably have to argue with 50 people a day about pocket knives and it probably gets old. I know I laughed at them 2 weeks ago when I went armed in uniform to have a warrant signed. They wanted to see my ID. I've never been asked for ID in uniform before, but their house their rules.
I read regs every day as part of my business (environmental professional) and know how to interpret them. The regs on this matter are very specific. My type of knife is defined but is not prohibited from a courthouse or polling place. If I'm reading the right section, which I'm certain I am, then they were wrong to keep me from entering the courthouse. I've already sent my complaint to the Sheriff's office via their online form. I'm thinking I should probably follow up with a written letter as well.

I'm surprised by the amount of posts from folks that assume a courthouse or local jurisdiction can simply make up and enforce a rule or policy that goes against written law. This is one way that our rights are slowly eroded away. Asking for ID to make sure a uniformed officer is who he claims to be seems justified. I was not breaking any law and was denied entry. If you were pulled over and an officer told you it was their department's policy to search the car of every CHL holder, would you comply?

And no, I did not go back to the courthouse. I stopped on my way home and voted at an early voting location.

Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Sun Mar 02, 2014 4:04 pm
by rotor
Voted at Home Depot. Left my firearm at home but did have my auto blade in my pocket. Showed my drivers license photo id and voted. One of the questions to paraphrase was "do you want to make it legal to carry a firearm in more places" -Voted yes.

Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Sun Mar 02, 2014 7:59 pm
by jbarn
txcharvel wrote:
texanjoker wrote:Courts don't allow weapons and a knife can be a weapon. That is why they also run everybody's belongings through the metal detectors and such. They probably have to argue with 50 people a day about pocket knives and it probably gets old. I know I laughed at them 2 weeks ago when I went armed in uniform to have a warrant signed. They wanted to see my ID. I've never been asked for ID in uniform before, but their house their rules.
I read regs every day as part of my business (environmental professional) and know how to interpret them. The regs on this matter are very specific. My type of knife is defined but is not prohibited from a courthouse or polling place. If I'm reading the right section, which I'm certain I am, then they were wrong to keep me from entering the courthouse. I've already sent my complaint to the Sheriff's office via their online form. I'm thinking I should probably follow up with a written letter as well.

I'm surprised by the amount of posts from folks that assume a courthouse or local jurisdiction can simply make up and enforce a rule or policy that goes against written law. This is one way that our rights are slowly eroded away. Asking for ID to make sure a uniformed officer is who he claims to be seems justified. I was not breaking any law and was denied entry. If you were pulled over and an officer told you it was their department's policy to search the car of every CHL holder, would you comply?

And no, I did not go back to the courthouse. I stopped on my way home and voted at an early voting location.
The policy would only go against law if the law stated that a courthouse cannot prohibit the carry of knives. You do not not have to be breaking a law to be denied entry. There is nothing unlawful about them keeping your tiny knife out. And I am not assumimg. I know.

Again, many courthouses prohibit camera phones.

Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Mon Mar 03, 2014 6:44 am
by txnative1951
jbarn wrote:Again, many courthouses prohibit camera phones.
I've worked on various classified projects on DoD contracts over the years that had prohibitions on cameras being carried into the secure area. This also included camera phones. Even a few years ago, it was getting rather difficult to be able to find a phone that did not have a camera in it. These days, it's probably even more difficult. I've never had a need for camera phones though. If it is worth taking a picture of it, I'll break out the DSLR.

Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Mon Mar 03, 2014 10:23 am
by bulinm
Don't get me started........The fact that I can't walk into the courthouse carrying a pocketknife
is the most ridiculous thing I can imagine. We should be able to carry our firearms also, of course.
Nobody I know is dumb enough to shoot a lawyer - that's the quickest way to Huntsville.

Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Mon Mar 03, 2014 10:32 am
by HKMike
Going into the Williamson County Courthouse my pocket knife was placed in a basket. I was given a number to present upon leaving to retrieve my knife. This has been some time ago, and I was wondering if this has changed. Letting them keep it during my visit for jury duty was fine with me. It's their rules.

Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Mon Mar 03, 2014 11:20 am
by texanjoker
txcharvel wrote:
texanjoker wrote:Courts don't allow weapons and a knife can be a weapon. That is why they also run everybody's belongings through the metal detectors and such. They probably have to argue with 50 people a day about pocket knives and it probably gets old. I know I laughed at them 2 weeks ago when I went armed in uniform to have a warrant signed. They wanted to see my ID. I've never been asked for ID in uniform before, but their house their rules.
I read regs every day as part of my business (environmental professional) and know how to interpret them. The regs on this matter are very specific. My type of knife is defined but is not prohibited from a courthouse or polling place. If I'm reading the right section, which I'm certain I am, then they were wrong to keep me from entering the courthouse. I've already sent my complaint to the Sheriff's office via their online form. I'm thinking I should probably follow up with a written letter as well.

I'm surprised by the amount of posts from folks that assume a courthouse or local jurisdiction can simply make up and enforce a rule or policy that goes against written law. This is one way that our rights are slowly eroded away. Asking for ID to make sure a uniformed officer is who he claims to be seems justified. I was not breaking any law and was denied entry. If you were pulled over and an officer told you it was their department's policy to search the car of every CHL holder, would you comply?

And no, I did not go back to the courthouse. I stopped on my way home and voted at an early voting location.
We will have to disagree, but they prohibit weapons for safety reasons.

Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Mon Mar 03, 2014 12:27 pm
by SewTexas
I don't see how a cell phone with a camera can be banned from a building, from a courtROOM sure, but not from the building itself. that's simply nuts.

Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Mon Mar 03, 2014 1:22 pm
by Cedar Park Dad
SewTexas wrote:I don't see how a cell phone with a camera can be banned from a building, from a courtROOM sure, but not from the building itself. that's simply nuts.
Judges have wide latitude to control their courtrooms. They can throw out cameras. They can throw out people.

Frankly I want a courthouse with incredible security. Any court with criminal proceedings, or far worse family proceedings, is a potential warzone with emotion driving.

Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Mon Mar 03, 2014 1:33 pm
by anygunanywhere
Cedar Park Dad wrote:
SewTexas wrote:I don't see how a cell phone with a camera can be banned from a building, from a courtROOM sure, but not from the building itself. that's simply nuts.
Judges have wide latitude to control their courtrooms. They can throw out cameras. They can throw out people.

Frankly I want a courthouse with incredible security. Any court with criminal proceedings, or far worse family proceedings, is a potential warzone with emotion driving.
Yeah, we wouldn't want all those unstable CHLs from carrying a=in a courthouse would we?

Anygunanywhere

Re: Denied Rigth To Vote...For Carrying Pocket Knife

Posted: Mon Mar 03, 2014 1:38 pm
by rmr24
Many county clerks will not allow a camera or scanner to be used to take photos/scans of public records, they want you to pay the fee for hard copies. They don't ban them, you just can't use them for that purpose.