Re: Texas CHL and Knives (was Self Defense in Germany/Pocket knife?)
- From: "D Rackley" <drackley@xxxxxxxxx>
- Date: Sat, 26 Apr 2008 17:28:34 +0000 (UTC)
"D. Parker" <DanParker75089@xxxxxxxxx> wrote in message
news:fuv447$hob$1@xxxxxxxxxxxxxxxxxxxxxxxx
# On Apr 25, 5:20 am, "R.L. Horn" <n...@xxxxxxxxxxxxx> wrote:
# # On Thu, 24 Apr 2008 23:05:05 +0000 (UTC), Misifus
#<snip>
# # So, as usual, to get some small idea of what this practically means, you
# # have to pore through appellate decisions. Unfortunately, I no longer
# have
# # ready access to an up-to-date law library and Lexis charges for online
# # access...
#
# I'm pretty sure that any sober judge is going to find it both clear
# and obvious that the intent of the "does not apply" phrase in 46.15(b)
# (6) was to refer only to the handgun restriction in 46.02, and not the
# other weapons.
I'm not so sure it's that clear, and I believe the original poster to be
correct. That is, unlawful carrying of illegal knives and clubs are not
applicable.
The Texas Penal Code, addresses weapons under a single chaper, 46 "Weapons."
Specifically 46.02, "Unlawful Carrying Weapons" (UCW) which prohibits three
classes of items on or about your person; handgun, illegal knives, and
clubs. Section 46.15 is titled "Nonapplicability." It clearly says
"Section 46.02 does not apply to a person..." as the poster quoted. The same
preamble, "46.02 does not apply" is also used just above that to exclude
peace officers, etc.
It makes sense that if legally carrying a handgun, then also carrying an
illegal knife or club is somewhat a moot point with regards to the intent of
UCW.
Note that long guns are not covered under UCW, and a knife with a blade
length under 5.5 inches is legal.
Dave
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