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

[Acera]

Thanks!

No problem sharing, Link to this or the ar15.com threads though.

Done: The High Road has a thread on it now.
Knife (weapons charge) case pending in Texas. - THR

And at Gun Rights Media.
http://www.gunrightsmedia.com/showthread.php?426352-Knife-(weapons-charge)-case-pending-in-Texas

 

[matefrio]

Done: The High Road has a thread on it now.
Knife (weapons charge) case pending in Texas. - THR

And at Gun Rights Media.
Knife (weapons charge) case pending in Texas.

I'll keep those bookmarked. I'm a long time lurker on THR.

 

[Offcamber]

Expounding on this then please explain the non-applicability of carrying a semi-auto if you have an NSA class CHL. If 46.02 does not apply to knives then it must not also apply to carrying any other type of handgun. The 46.02 exemption does not hold water legally and this case will be a wobbler. Hopefully the DA will drop the charges and go on about his day.

46.15 specifically states you must carry the type of handgun listed on your license.

Sent from my Galaxy S3

 

[rsayloriii]

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

Not much I can offer other than best wishes, but I'll do whatever I can.


Sent from my RobCo Pip-Boy 3000.

 

[scgstuff]

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

Wow, best of luck fighting this, for your immediate and our future rights. Stinks that you will become the precedent but someone has to. Subscribed so I can keep up with this and watching for the support fund to help out a little.

 

[Mexican_Hippie]

Definitely let us know what type of support you need and when. I hope this get sorted out and sets a positive precedent.

We need to repeal our archaic knife laws. Too late for this session though.

 

[TheDan]

I find that they arrested you with the idea that the DA would just sort it out kind of interesting. The DPS officers obviously didn't feel like you were a threat otherwise they wouldn't have let you go pee or debate the law with you for any amount of time. If they had actually thought you were dangerous they would have immediately put you under arrest. Would it have been an option for them to just issue you a citation to appear in court on the charges? To me that seems it would have been more appropriate considering you were not a threat to anyone and also because they seemed unclear on the law.

Let that be a lesson for all; A CHL is exactly that, a Concealed HANDGUN License.

A lesson? lol... thanks, dad.
According to some folks that have spoken to the legislators that drafted the law, they intentionally worded the bill to exempt someone from all of 46.02 if they have a CHL. It seems silly that someone would be allowed to carry a handgun but not a knife. I think a statement from someone who co-authored the bill about it's intent could be very powerful in court. ...or maybe not, I dunno

If 46.02 does not apply to knives then it must not also apply to carrying any other type of handgun. The 46.02 exemption does not hold water legally and this case will be a wobbler.

46.15 specifically states you must carry the type of handgun listed on your license.

This raises an interesting point... If you have a NSA CHL and are carrying a revolver, can you also carry a semi-auto at the same time because the CHL + revolver = exemption from 46.02?

 

[Renegade]

I
This raises an interesting point... If you have a NSA CHL and are carrying a revolver, can you also carry a semi-auto at the same time because the CHL + revolver = exemption from 46.02?

Yes, you are exempt from 46.02

 

[TheDan]

Yes, you are exempt from 46.02

Cool, so all the folks who qualified with a revolver and regret it can just throw an NAA mini revolver in their pocket and then carry a real self defense gun

 

[Renegade]

Cool, so all the folks who qualified with a revolver and regret it can just throw an NAA mini revolver in their pocket and then carry a real self defense gun

If there is anything dumber than SA/NSA in our CHL law, I do not know what it is.

 

[Southpaw]

Let us know how to help, most of us can help a little, and a bunch of little can add up to a lot.

^This and I'm in. I could surely give something to help.

 

[TheDan]

If there is anything dumber than SA/NSA in our CHL law, I do not know what it is.

It's obviously discrimination against wheel gunners. Someone should call the UCLA

 

[Dred]

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

Mate

Don't want to throw this thread too far off topic, but I am curious.

You went to testify re: Campus Carry. Did you get the opportunity? Any feedback regarding getting that one out of comittee this session?

Also, Facebook makes it very easy to collect support funds. It also brings it out of our (gun freakish) hands and into the population at large. Achieving critical mass at grass roots isn't supposed to make a difference legally, but I believe it does.

Please accept my thanks, and I'll be happy to add a bit of financial help when you decide it's appropriate.

 

[Jon Payne]

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

Yes, you are exempt from 46.02

When will you stop? When another forum member goes to jail? The only exemption a CHL holder has is from a handgun of the same category listed on their license. Folks need to remember the difference from the Internet and the real freaking world.


Sent from my iPad using Tapatalk

 

[Renegade]

When will you stop? When another forum member goes to jail? The only exemption a CHL holder has is from a handgun of the same category listed on their license. Folks need to remember the difference from the Internet and the real freaking world.

Never.

Yes, it is my fault he carried a knife and got arrested. I forced him to carry a knife into the Capitol. I pointed it out to Officer Friendly. Jeez. Grow up. One is exempt from all of 46.02. There is no picking and choosing the sections you like. You do not get to decide if that is what the legislature meant or not. Case Law on this is rock solid.

Here is another one:


Sec. 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 or watercraft that is owned by the person or under the person's control.

Note the absence of a "from a motor vehicle". So while it is legal to carry to, you cannot carry it from. Texas law is full of anomolies, search my yearly post on Letting non family members cut the Thanskgiving Turkey.

 

[winchster]

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

Note the absence of a "from a motor vehicle". So while it is legal to carry to, you cannot carry it from.

/sarcasm on

So, what you're saying is, if you carry it to your car, make sure you pull back into the garage before taking it back into the house.

/sarcasm off

Too bad we don't have a font or emoticon for that.
The law is plainly on matefrio's side and I agree with your view renegade. I just find it humorous that I have read that statute a hundred times and never noticed its a violation of the law to carry it from the car. Lol.

 

[Randman]

Support! Yes... Following... Thank you Sir... Carry On...

 

[Renegade]

/sarcasm on

So, what you're saying is, if you carry it to your car, make sure you pull back into the garage before taking it back into the house.

/sarcasm off
.

I think if you are on your own property (not just in garage) you are OK. But if you park your car on the public street you are not.

Penal Code is full of these little gems. Sometimes they get cleaned up, sometimes not.

 

[TundraWookiee]

Good luck buddy and I tip my hat to you for not merely talking about something but actually testing it. Bravo and I hope it turns out well.

Brought to you courtesy of Tapatalk

 

[kaiserb]

When will you stop? When another forum member goes to jail? The only exemption a CHL holder has is from a handgun of the same category listed on their license. Folks need to remember the difference from the Internet and the real freaking world.


Sent from my iPad using Tapatalk

<sarcasm> John, You have to understand that the forum has better info than any lawyer or court of law. </sarcasm>

This forum is very similar to Texas CHL Forum, in the aspect that assumptions about the text of the law seem to supersede the actual facts of the law. Too many people get misinformation from friends and forums, believe me I would love to be exempt from 46.02 having a CHL; but the facts say otherwise.