I Didn't Beat the Ride - Illegal Knife + CHL + Concealed Handgun = Jail + Charges

[matefrio]

Were you out to make a test case of yourself? Doesn't look so from your posts. Ideally this would be done with someone who is prepared to be arrested and has backing already lined up for a court case.

I knew the risk of being this test case and threw my hat over the fence believing I was not doing anything wrong and shouldn't be arrested.

I may have put the cart before the horse but I didn't see anyone else willing to be the horse.

 

[BG1960]

Good luck to you Sir.

 

[Jakashh]

Good luck with all this! Hopefully you will pioneer the way for better laws!

 

[Shotgun Jeremy]

I'm looking forward to hearing about where this goes. Good luck and keep the updates coming!

Sent from Hicksville.....or while dreaming of Hicksville

 

[TexMex247]

This should not effect your ability to own firearms but it's possible that you will lose your CHL. Best of luck, keep us updated - Texmex

 

[General Zod]

Depends on the DA and what his/her pet cause might be, Clarke. I don't know anything about the Austin/Travis County DA but I do have bad experiences with the one in Hays County...

Never assume that criminal charges are "just a misdemeanor" and "everything will be fine" until you're done with the trial.

 

[Younggun]

I Didn't Beat the Ride - Illegal Knife + CHL + Concealed Handgun = Jail + Charg

Good luck. Hope you get through without any lasting effects.

 

[kyletxria1911a1]

Prayers outbound sir

 

[CS_TX]

Wow! Good luck and I hope it all works out.

 

[kurt]

Damn. Texas has some silly knife laws I'd love to see thrown out altogether. Amazing that we consider ourselves such a free state (certainly at the top of the heap) yet have such draconian knife laws. Good luck and if we can help in any way let us know.

 

[Mic]

Good luck. An idea here (which you've probably already considered) - there may be some pro-knife organizations willing to help with the legal fees in order to get this through.

 

[matefrio]

Good luck. An idea here (which you've probably already considered) - there may be some pro-knife organizations willing to help with the legal fees in order to get this through.

Talked to Doug Ritter offers unique survival equipment, survival education and consulting this AM from Knife Rights - Home and he's also a very well known designer of knives and advocate of knife rights.

If anything comes of it I'll report it.

 

[1slow01Z71]

This is almost as asinine as SAs knife laws. Best of luck to you man.

 

[AlamoMIA]

The legislative intent of 46.02 is to "prevent crime". Had you not been a CHL holder you were traveling. The Capitol was your destination - the end of your loop of travel. Your time spent inside the Capitol was a temporary suspension of travel tangential to the purpose of your travel. In Moosani v Texas that Texas court recognized that the temporary suspension of travel does not terminate the act of traveling.


That's another aspect as to why 46.02 is not applicable to your circumstance.

God bless you - Good luck, and thank you for ALL of us CHL holders for bringing this boil to the surface.. the earth is shaking just East of the Alamo. Jim Bowie is rolling over in his grave .....

 

[Charlie]

Good luck to you!

 

[breakingcontact]

As much as Texas may be a libertarian style/free western state. Its a law and order southern state and sometimes more the latter than the former.

 

[GrandpaOf18]

Bummer this happened, but looking forward to a PROPER resolution for you, and hopefully for all.

It does seem asinine, that as a CHL holder, your gun was ok, but not a knife.

 

[majormadmax]

The legislative intent of 46.02 is to "prevent crime". Had you not been a CHL holder you were traveling. The Capitol was your destination - the end of your loop of travel. Your time spent inside the Capitol was a temporary suspension of travel tangential to the purpose of your travel. In Moosani v Texas that Texas court recognized that the temporary suspension of travel does not terminate the act of traveling.

That's another aspect as to why 46.02 is not applicable to your circumstance.

God bless you - Good luck, and thank you for ALL of us CHL holders for bringing this boil to the surface.. the earth is shaking just East of the Alamo. Jim Bowie is rolling over in his grave .....

What's traveling got to do with it? I thought all references to that were removed once the Motorist Protection Act was passed back in 2009?

Matefrio, I don't know if you intended to be a test case for this issue or if you unwittingly became one. I hope this does get resolved in your favor but I must admit you took an awfully big leap of faith by carrying a knife known to be of questionable length based on your interpretation of the law.

It's a huge risk that may come back to haunt you, hopefully it won't and if you do win your case you will definitely set a precedence as well as answer the question concerning this statute which has been debated for a very long time...

Good luck! M2

 

[TreyG-20]

Does blade length measure that actual part of a blade that has been sharpened or is it from the tip of the blade to the handle? This has always been a confusing subject to me as I have seen knives measured both ways.

 

[Renegade]

Does blade length measure that actual part of a blade that has been sharpened or is it from the tip of the blade to the handle? This has always been a confusing subject to me as I have seen knives measured both ways.

(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;