TexasCHLforum.com

Howdy Everyone,

New CHL came today! Now I look forward to the "Wally Walk" this week. One question...I have seen some references here about a CHL holder being able to carry knives that might otherwise be illegal. Is this true?

Thanks in Advance,

Rodney

I believe that would fall under prohibited weapons rather than an illegal knife as addressed by the change in 46.02.

I don't believe having a CHL allows one to carry anything that a "regular" person can't except for a handgun(s). Did something change this past September that I was unaware of?

There are some who believe that the section of the law that makes 46.02 not apply to CHL holders, applies to ALL of 46.02, meaning that if you have a CHL and are carrying a handgun that you can also legally carry an illegal knife or club.

I disagree. We could spend hours debating why, but there are threads where it is already done.

Crosswind81 wrote:Howdy Everyone,

New CHL came today! Now I look forward to the "Wally Walk" this week. One question...I have seen some references here about a CHL holder being able to carry knives that might otherwise be illegal. Is this true?

Thanks in Advance,

Rodney

The short answer is "No."

The significant change in 46.02 pertains to everyone, not just CHL.

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if the person intentionally, knowingly, or
recklessly carries on or about his or her person a handgun, illegal
knife, or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or
(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.


It would appear to make it legal to have in your vehicle (and enroute to, but not from) a handgun, a club or illegal knife.

Incidentally, the original post at first made reference to an automatic knife. I was stating that would be a prohibited weapon and not an illegal knife.

txinvestigator wrote:There are some who believe that the section of the law that makes 46.02 not apply to CHL holders, applies to ALL of 46.02, meaning that if you have a CHL and are carrying a handgun that you can also legally carry an illegal knife or club.

I disagree. We could spend hours debating why, but there are threads where it is already done.

I won't argue the point either, but just for Crosswind's edification, the reason there is disagreement is because the law plainly says clubs and illegal knives are exempt by CHL and 46.02, but it's also pretty clear that was not the law's intent.

No need to repeat the argument, but the law's wording causes the confusion.

I don't think the law allows for it. Now I do know that other states have Concealed Weapons Permits that allow holders to carry weapons other than handguns that would otherwise be illegal for a non-CWP carrier.

txinvestigator wrote:

KBCraig wrote:

txinvestigator wrote:There are some who believe that the section of the law that makes 46.02 not apply to CHL holders, applies to ALL of 46.02, meaning that if you have a CHL and are carrying a handgun that you can also legally carry an illegal knife or club.

I disagree. We could spend hours debating why, but there are threads where it is already done.

I won't argue the point either, but just for Crosswind's edification, the reason there is disagreement is because the law plainly says clubs and illegal knives are exempt by CHL and 46.02, but it's also pretty clear that was not the law's intent.

No need to repeat the argument, but the law's wording causes the confusion.

I seriously need to make a trip and buy you lunch!

It would be fascinating.

I would buy lunch for both of ya, just to see (and hear) the interesting viewpoints and perspectives.

Mike1951 wrote:The significant change in 46.02 pertains to everyone, not just CHL.

It would appear to make it legal to have in your vehicle (and enroute to, but not from) a handgun, a club or illegal knife.

Incidentally, the original post at first made reference to an automatic knife. I was stating that would be a prohibited weapon and not an illegal knife.

-emphasis added

My, my what a quandary. A back seat full of switchblades, PR-24's and such. I guess you would just eventually sell the car...but now you'll need an FFL

KBCraig wrote:

txinvestigator wrote:There are some who believe that the section of the law that makes 46.02 not apply to CHL holders, applies to ALL of 46.02, meaning that if you have a CHL and are carrying a handgun that you can also legally carry an illegal knife or club.

I disagree. We could spend hours debating why, but there are threads where it is already done.

I won't argue the point either, but just for Crosswind's edification, the reason there is disagreement is because the law plainly says clubs and illegal knives are exempt by CHL and 46.02, but it's also pretty clear that was not the law's intent.

No need to repeat the argument, but the law's wording causes the confusion.

The law's wording certainly could stand to be clarified. The problem for a person who believes that a CHL exempts them from all of PC46.02 is that they could end up being an experimental case for the courts at their expense.

It is perfectly reasonable for a peace officer to arrest a person who is carrying a weapon that the law clearly defines as an "illegal knife" with the officer's reasoning being that the CHL states that the holder may carry "any handgun" and that the knife is defined as "illegal". It is also perfectly reasonable for the arrested person's attorney to claim defense based on the ambiguous wording of the law.

How many juries are going to look past the fact that your defense is that a technicality allows you to carry a weapon that the law specifically designates as "illegal"?

In the meantime the CHL holder goes to jail, pays to bond out, has his weapons impounded, loses his CHL, pays for an attorney, etc...just to roll the dice with a judge or jury. A judge might hold that the intent of the law is to allow CHL holders to carry handguns and find the person guilty. Even if the person is acquitted they are seriously inconvenienced and out a lot of money. So they could carry a particular knife.

If you have a licence to carry a concealed handgun, and most knives are already legal to carry anyway, what possible use could you have for carrying an "illegal knife"?

The state always needs test cases to force the legislature to clarify the law, but I wouldn't advise anyone I know to be one of those cases.

Thanks everyone for the replies. I guess it will suffice to say there is room for interpretation of the poor wording of some of these statutes. I also agree with the last post and I will just leave the knive at home and pack my XD-40 SD and soon, maybe a nice J frame....

Crosswind81 wrote: I also agree with the last post and I will just leave the knive at home and pack my XD-40 SD and soon, maybe a nice J frame....

I don't know what knife you had in mind, but there are many good options available. So, don't give up completely.