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Posted: 10/27/2013 1:40:21 PM EDT
[#1]
Yes, the switchblade restriction has been removed, but you must still follow the other restrictions, such as length and must be single edged
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Posted: 10/27/2013 2:44:17 PM EDT
[#2]
Thanks. Im not finding anything in the texas penal code that wasnt struck out by the bill.
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Posted: 10/27/2013 2:44:32 PM EDT
[#3]
Thanks. Im not finding anything in the texas penal code that wasnt struck out by the bill.
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Posted: 10/27/2013 3:29:06 PM EDT
[#4]
Switchblades are legal to own now. You can carry a switchblade that isn't an "illegal knife":
Sec. 46.01. DEFINITIONS. In this chapter:
... (6) "Illegal knife" means a: (A) knife with a blade over five and one-half inches; (B) hand instrument designed to cut or stab another by being thrown; (C) dagger, including but not limited to a dirk, stiletto, and poniard; (D) bowie knife; (E) sword; or (F) spear. ... http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.01 Which Benchmade are you looking at? |
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Posted: 10/27/2013 4:17:29 PM EDT
[#5]
Quote HistoryQuoted:
Switchblades are legal to own now. You can carry a switchblade that isn't an "illegal knife": Which Benchmade are you looking at? Quote HistoryQuoted:
Switchblades are legal to own now. You can carry a switchblade that isn't an "illegal knife": Sec. 46.01. DEFINITIONS. In this chapter:
... (6) "Illegal knife" means a: (A) knife with a blade over five and one-half inches; (B) hand instrument designed to cut or stab another by being thrown; (C) dagger, including but not limited to a dirk, stiletto, and poniard; (D) bowie knife; (E) sword; or (F) spear. ... http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.01 Which Benchmade are you looking at? Bowie knife huh? Knife with a blade 5 1/2" huh? I guess this kills the hunting or general use survival knife market in Texas then? |
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Posted: 10/27/2013 4:36:25 PM EDT
[#6]
Quote HistoryQuoted:
Bowie knife huh? Knife with a blade 5 1/2" huh? I guess this kills the hunting or general use survival knife market in Texas then? Quote HistoryQuoted:
Bowie knife huh? Knife with a blade 5 1/2" huh? I guess this kills the hunting or general use survival knife market in Texas then? It does put a bit of a crimp on things. There is this though: Sec. 46.15. NONAPPLICABILITY.
... (b) Section 46.02 does not apply to a person who: ... (2) is traveling; (3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity; ... (e) The provisions of Section 46.02 prohibiting the carrying of an illegal knife do not apply to an individual carrying a bowie knife or a sword used in a historical demonstration or in a ceremony in which the knife or sword is significant to the performance of the ceremony. ... http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.15 |
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Posted: 10/27/2013 4:57:56 PM EDT
[#7]
Quote HistoryQuoted:
It does put a bit of a crimp on things. There is this though: Quote HistoryQuoted:
Quoted:
Bowie knife huh? Knife with a blade 5 1/2" huh? I guess this kills the hunting or general use survival knife market in Texas then? It does put a bit of a crimp on things. There is this though: Sec. 46.15. NONAPPLICABILITY.
... (b) Section 46.02 does not apply to a person who: ... (2) is traveling; (3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity; ... (e) The provisions of Section 46.02 prohibiting the carrying of an illegal knife do not apply to an individual carrying a bowie knife or a sword used in a historical demonstration or in a ceremony in which the knife or sword is significant to the performance of the ceremony. ... http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.15 What do you know? Your from fucking Somalia.  Looks like sections (3) and (e) both exempt me from the law as i am always hunting and everyday in Texas is a potential "Remember the Alamo" historical demonstration. I kid of course. I read the "I didnt beat the ride" thread started on here a while back.
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Posted: 10/28/2013 10:17:29 AM EDT
[#8]
Thanks for the input guys.
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Posted: 10/28/2013 10:26:01 AM EDT
[#9]
Quoted: are switchblades legal to carry now? looking for a definitive answer before I purchase a benchmade. No longer prohibited weapons. Thats the only thing for-sure. |
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Posted: 10/28/2013 12:32:52 PM EDT
[#10]
While I wouldn't charge anyone with it, you can still be arrested as there are two offenses that covered switchblades. Only one of those restrictions were removed.
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Posted: 10/28/2013 1:23:57 PM EDT
[#11]
Quote HistoryQuoted:
While I wouldn't charge anyone with it, you can still be arrested as there are two offenses that covered switchblades. Only one of those restrictions were removed. What was the other? Genuinely interested as I've only ever seen it listed as a Prohibited Weapon. |
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Posted: 10/28/2013 1:30:24 PM EDT
[#12]
Quote HistoryQuoted:
What was the other? Genuinely interested as I've only ever seen it listed as a Prohibited Weapon. Quote HistoryQuoted:
Quoted:
While I wouldn't charge anyone with it, you can still be arrested as there are two offenses that covered switchblades. Only one of those restrictions were removed. What was the other? Genuinely interested as I've only ever seen it listed as a Prohibited Weapon. Tag for interest. |
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Posted: 10/28/2013 1:46:07 PM EDT
[#13]
Quote HistoryQuoted:
What was the other? Genuinely interested as I've only ever seen it listed as a Prohibited Weapon. Quote HistoryQuoted:
Quoted:
While I wouldn't charge anyone with it, you can still be arrested as there are two offenses that covered switchblades. Only one of those restrictions were removed. What was the other? Genuinely interested as I've only ever seen it listed as a Prohibited Weapon. Probably the part where any citizen can be arrested because that citizen's ignorance and/or knowledge of changes to the law is no defense to arrest and/or prosecution. The arrest will no doubt occur because some ignorant dumbass with a badge was not up on current changes to the law so you get arrested. Sort of like the person that got the ride here in the Texas forum by the state patrol guys for the not illegal for him to carry knife. I will add that most persons with a badge are not dumbasses just as all persons without badges are not dumbasses or criminals. |
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Posted: 10/28/2013 1:52:45 PM EDT
[#14]
Only other one would possibly be unlawful carrying of weapons at 46.02 of the penal code. It says illegal knife.
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Posted: 10/28/2013 2:42:27 PM EDT
[#15]
Quoted:
are switchblades legal to carry now? looking for a definitive answer before I purchase a benchmade. Not that you asked for a recommendation, but my every day carry knife is a Benchmade 5500 Mini-Auto Presidio. It has a 2.97" inch blade, and is only 4.15" closed. At 3.7oz it pretty much disappears when clipped inside your pocket. The handle is nice and tacky and provides a good gripping surface. The Auto-AXIS mechanism releases the blade in a nice, snappy manner. I'm very happy with this model, and my other Benchmades as well. I found it for around $150. Link |
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Posted: 10/28/2013 2:48:55 PM EDT
[#16]
Quote HistoryQuoted:
While I wouldn't charge anyone with it, you can still be arrested as there are two offenses that covered switchblades. Only one of those restrictions were removed. Actually, there was one law that made switchblades, solely for being switchblades, unlawful; penal code 46.05 (possession of a prohibited weapons.) |
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Posted: 10/28/2013 4:28:19 PM EDT
[#17]
Quote HistoryQuoted:
Actually, there was one law that made switchblades, solely for being switchblades, unlawful; penal code 46.05 (possession of a prohibited weapons.) Quote HistoryQuoted:
Quoted:
While I wouldn't charge anyone with it, you can still be arrested as there are two offenses that covered switchblades. Only one of those restrictions were removed. Actually, there was one law that made switchblades, solely for being switchblades, unlawful; penal code 46.05 (possession of a prohibited weapons.) Thanks Classen Buck.... Online legislative updated made reference that switchblades were still illegal under UCW 46.02. I stand corrected sir, and thank you for correcting me before bad information got passed along.
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Posted: 10/28/2013 6:03:50 PM EDT
[#18]
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Posted: 10/28/2013 6:33:00 PM EDT
[#19]
Quote Historyoh hey check out the 50 million page thread tacked at the top with tons of useless information to sort through to find the answer to my question. How could I have missed it? DOPE! |
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Posted: 10/28/2013 6:33:07 PM EDT
[#20]
I recently purchased the 2750 Adamas auto and love it, it has some weight to it but it's bad to the bone.
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Posted: 10/28/2013 7:38:40 PM EDT
[#21]
Quote HistoryQuoted:
Actually, there was one law that made switchblades, solely for being switchblades, unlawful; penal code 46.05 (possession of a prohibited weapons.) Quote HistoryQuoted:
Quoted:
While I wouldn't charge anyone with it, you can still be arrested as there are two offenses that covered switchblades. Only one of those restrictions were removed. Actually, there was one law that made switchblades, solely for being switchblades, unlawful; penal code 46.05 (possession of a prohibited weapons.) That was what I thought as well, but wanted to double check. For whoever mentioned "illegal knife" as possibly being the other charge. It is not listed as such. Illegal knife has its very own definition and it does not include switchblades. |
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Posted: 10/29/2013 3:14:03 AM EDT
[#22]
Quote HistoryQuoted:
That was what I thought as well, but wanted to double check. For whoever mentioned "illegal knife" as possibly being the other charge. It is not listed as such. Illegal knife has its very own definition and it does not include switchblades. Quote HistoryQuoted:
Quoted:
Quoted:
While I wouldn't charge anyone with it, you can still be arrested as there are two offenses that covered switchblades. Only one of those restrictions were removed. Actually, there was one law that made switchblades, solely for being switchblades, unlawful; penal code 46.05 (possession of a prohibited weapons.) That was what I thought as well, but wanted to double check. For whoever mentioned "illegal knife" as possibly being the other charge. It is not listed as such. Illegal knife has its very own definition and it does not include switchblades. As I am sure you already know, switchblades can be illegal knives if they meet the definition of illegal knife. An example would be a switchblade with a 6 inch blade, or one with a double edged blade. |
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Posted: 10/29/2013 1:51:40 PM EDT
[#23]
Quote HistoryQuoted:
oh hey check out the 50 million page thread tacked at the top with tons of useless information to sort through to find the answer to my question. How could I have missed it? DOPE! Quote HistoryQuoted:
oh hey check out the 50 million page thread tacked at the top with tons of useless information to sort through to find the answer to my question. How could I have missed it? DOPE! |
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Posted: 10/30/2013 4:16:56 PM EDT
[#24]
Quote HistoryQuoted: As I am sure you already know, switchblades can be illegal knives if they meet the definition of illegal knife. An example would be a switchblade with a 6 inch blade, or one with a double edged blade. Quote HistoryQuoted: Quoted: Quoted: Quoted: While I wouldn't charge anyone with it, you can still be arrested as there are two offenses that covered switchblades. Only one of those restrictions were removed. Actually, there was one law that made switchblades, solely for being switchblades, unlawful; penal code 46.05 (possession of a prohibited weapons.) That was what I thought as well, but wanted to double check. For whoever mentioned "illegal knife" as possibly being the other charge. It is not listed as such. Illegal knife has its very own definition and it does not include switchblades. As I am sure you already know, switchblades can be illegal knives if they meet the definition of illegal knife. An example would be a switchblade with a 6 inch blade, or one with a double edged blade. Someone asked me about this as well and my reply was, it cant be both. My reasoning is, a switchblade is defined by a knife with a button or similar device for opening etc. An illegal knife is, well an illegal knife. SO, if you have a CHL, plus your gun, and your switchblade-illegal-knife thing, then its not illegal. But we know what happened there at the capital building... This whole thing is really F'ing retarded. I Told him not to buy one with a blade over 5.5 inches is all. As my opinion may not be what he encounters. I really got better things to do and the legislature should get its head out of its stupid asses and quit with the intricate definitions. " ILLEGAL " should be any knife used IN-A-CRIME. There, done. :) |
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Posted: 10/30/2013 5:02:53 PM EDT
[#25]
Here is an example of a knife that is both a switchblade and an illegal knife (in my opinion). 1. It is sold as a stiletto: http://www.uniqueblade.com/products/Stiletto_9_automatic_knife_Black_Bayonet-610-45.html 2. It meets the definition of a stiletto: "a knife or dagger with a long slender blade and needle-like point, primarily intended as a stabbing weapon". http://en.wikipedia.org/wiki/Stiletto I would be quite willing to own one of these, but I wouldn't carry it in public. Sec. 46.01. DEFINITIONS. In this chapter:
... (6) "Illegal knife" means a: (A) knife with a blade over five and one-half inches; (B) hand instrument designed to cut or stab another by being thrown; (C) dagger, including but not limited to a dirk, stiletto, and poniard; (D) bowie knife; (E) sword; or (F) spear. ... |
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Posted: 10/30/2013 6:51:28 PM EDT
[#26]
Quote HistoryQuoted:
[ Someone asked me about this as well and my reply was, it cant be both. My reasoning is, a switchblade is defined by a knife with a button or similar device for opening etc. An illegal knife is, well an illegal knife. The law does not say switchblades are legal. They are just not listed as illegal or prohibited. If it has a 6 inch blade it is illegal. Nothing else matters. single edge, double edge, fixed, folding, auto does not matter. |
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Posted: 10/31/2013 7:31:59 PM EDT
[#27]
I have a serious question....
I thought all switchblades were banned by the Federal government in 1959, and any that were not made before then (i.e. grandfathered in) were illegal to own. Now I'm most definitely not a knife aficionado, but I would appreciate an explanation of some kind. If the Federal ban were true, how could they be legal in Texas? Thanks in advance! |
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Posted: 10/31/2013 7:56:14 PM EDT
[#28]
Quote HistoryQuoted:
I have a serious question.... I thought all switchblades were banned by the Federal government in 1959, and any that were not made before then (i.e. grandfathered in) were illegal to own. Now I'm most definitely not a knife aficionado, but I would appreciate an explanation of some kind. If the Federal ban were true, how could they be legal in Texas? Thanks in advance! Except on federal territories, indian country, etc., federal law only bans their import and introduction into interstate commerce, not mere possession intra-state. 15 U.S.C. §§ 1241-1244. |
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Posted: 11/1/2013 1:33:59 PM EDT
[#29]
Are butterfly knives legal now too?
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Posted: 11/1/2013 2:51:43 PM EDT
[#30]
Quote HistoryQuoted:
Are butterfly knives legal now too? Butterfly knives are no longer prohibited weapons. Restrictions about illegal knives still apply. |
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Posted: 11/1/2013 2:53:06 PM EDT
[#31]
Quote HistoryQuoted:
Are butterfly knives legal now too? Legal to own? Yes. Legal to carry? See the definition for "illegal knife" posted earlier in this thread. |
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Posted: 11/1/2013 6:57:31 PM EDT
[#32]
Quote HistoryQuoted:
http://www.uniqueblade.com/images/products/preview/ub-1150.jpg Here is an example of a knife that is both a switchblade and an illegal knife (in my opinion). 1. It is sold as a stiletto: http://www.uniqueblade.com/products/Stiletto_9_automatic_knife_Black_Bayonet-610-45.html 2. It meets the definition of a stiletto: "a knife or dagger with a long slender blade and needle-like point, primarily intended as a stabbing weapon". http://en.wikipedia.org/wiki/Stiletto I would be quite willing to own one of these, but I wouldn't carry it in public. Quote HistoryQuoted:
http://www.uniqueblade.com/images/products/preview/ub-1150.jpg Here is an example of a knife that is both a switchblade and an illegal knife (in my opinion). 1. It is sold as a stiletto: http://www.uniqueblade.com/products/Stiletto_9_automatic_knife_Black_Bayonet-610-45.html 2. It meets the definition of a stiletto: "a knife or dagger with a long slender blade and needle-like point, primarily intended as a stabbing weapon". http://en.wikipedia.org/wiki/Stiletto I would be quite willing to own one of these, but I wouldn't carry it in public. Sec. 46.01. DEFINITIONS. In this chapter:
... (6) "Illegal knife" means a: (A) knife with a blade over five and one-half inches; (B) hand instrument designed to cut or stab another by being thrown; (C) dagger, including but not limited to a dirk, stiletto, and poniard; (D) bowie knife; (E) sword; or (F) spear. ... I had one of these when I was in high school. 
I traded it for an automatic made out of a case knife. the case knife held a razor's edge. |
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Posted: 11/1/2013 9:30:35 PM EDT
[#33]
Check out the Benchmade Mini Presidio.
I like mine alot. |
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Posted: 11/3/2013 8:28:44 AM EDT
[#34]
Quote HistoryQuoted: http://www.uniqueblade.com/images/products/preview/ub-1150.jpg Here is an example of a knife that is both a switchblade and an illegal knife (in my opinion). 1. It is sold as a stiletto: http://www.uniqueblade.com/products/Stiletto_9_automatic_knife_Black_Bayonet-610-45.html 2. It meets the definition of a stiletto: "a knife or dagger with a long slender blade and needle-like point, primarily intended as a stabbing weapon". http://en.wikipedia.org/wiki/Stiletto I would be quite willing to own one of these, but I wouldn't carry it in public. Quote HistoryQuoted: http://www.uniqueblade.com/images/products/preview/ub-1150.jpg Here is an example of a knife that is both a switchblade and an illegal knife (in my opinion). 1. It is sold as a stiletto: http://www.uniqueblade.com/products/Stiletto_9_automatic_knife_Black_Bayonet-610-45.html 2. It meets the definition of a stiletto: "a knife or dagger with a long slender blade and needle-like point, primarily intended as a stabbing weapon". http://en.wikipedia.org/wiki/Stiletto I would be quite willing to own one of these, but I wouldn't carry it in public. Sec. 46.01. DEFINITIONS. In this chapter: ... (6) "Illegal knife" means a: (A) knife with a blade over five and one-half inches; (B) hand instrument designed to cut or stab another by being thrown; (C) dagger, including but not limited to a dirk, stiletto, and poniard; (D) bowie knife; (E) sword; or (F) spear. ... But legal if you had your CHL + GUN under inapplicability section. Which is retarded. It should just be legal unless used in a crime, or maybe as an enhancement during punishment phase if its over a certain length if they want to inject some stupid into the law system. But what do I know :) |
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Posted: 11/3/2013 8:34:21 AM EDT
[#35]
Quote HistoryQuoted: The law does not say switchblades are legal. They are just not listed as illegal or prohibited. If it has a 6 inch blade it is illegal. Nothing else matters. single edge, double edge, fixed, folding, auto does not matter. Quote HistoryQuoted: Quoted: [ Someone asked me about this as well and my reply was, it cant be both. My reasoning is, a switchblade is defined by a knife with a button or similar device for opening etc. An illegal knife is, well an illegal knife. The law does not say switchblades are legal. They are just not listed as illegal or prohibited. If it has a 6 inch blade it is illegal. Nothing else matters. single edge, double edge, fixed, folding, auto does not matter. Of course. If its not listed in the law books as 'illegal', then its 'legal'.  The law does not have to say something is ' legal '. Laws must say something is 'illegal' for there to be an offense committed. Example, Tasers. They are legal. Period. Until a law is made to regulate that otherwise, they are 'legal'. Then, even still, as an " illegal knife " its not, if you have a CHL + handgungun in public. But an Illegal knife is not 'illegal' if you have it at home. It makes no sense at all to differentiate and only confuses an otherwise simple definition. A knife is ANY bladed instrument to cut/stab or so on... |
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Posted: 11/3/2013 11:25:15 AM EDT
[#36]
Quote HistorySec. 46.15. NONAPPLICABILITY. ... (b) Section 46.02 does not apply to a person who: ... (6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying; ... Quote HistorySec. 46.15. NONAPPLICABILITY. ... (b) Section 46.02 does not apply to a person who: ... (6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying; ... Quoted:
But legal if you had your CHL + GUN under inapplicability section If this interpretation were correct, you could drop a DL, a CHL and a NAA mini-revolver into your pocket and: 1) Open carry a handgun (e.g., Glock 20) 2) Open carry an illegal knife (e.g., a sword) 3) Open carry a club (e.g., a nightstick) I don't believe this was the legislature's intent when they passed the Concealed Handgun Law. ETA: Struck out line about open carrying a handgun after being reminded of 46.035. |
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Posted: 11/3/2013 11:36:32 AM EDT
[#37]
Quote HistoryQuoted:
If this interpretation were correct, you could drop a DL, a CHL and a NAA mini-revolver into your pocket and: 1) Open carry a handgun (e.g., Glock 20) 2) Open carry an illegal knife (e.g., a sword) 3) Open carry a club (e.g., a nightstick) I don't believe this was the legislature's intent when they passed the Concealed Handgun Law. Quote HistoryQuoted:
Sec. 46.15. NONAPPLICABILITY. ... (b) Section 46.02 does not apply to a person who: ... (6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying; ... Quoted:
But legal if you had your CHL + GUN under inapplicability section If this interpretation were correct, you could drop a DL, a CHL and a NAA mini-revolver into your pocket and: 1) Open carry a handgun (e.g., Glock 20) 2) Open carry an illegal knife (e.g., a sword) 3) Open carry a club (e.g., a nightstick) I don't believe this was the legislature's intent when they passed the Concealed Handgun Law. Wrong, a CHL holder cannot openly carry a pistol.....But I agree with you that wasn't their intent either about open carrying illegal knives.... |
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Posted: 11/3/2013 12:01:51 PM EDT
[#38]
Quote HistoryQuoted:
Wrong, a CHL holder cannot openly carry a pistol.....But I agree with you that wasn't their intent either about open carrying illegal knives.... Having re-read section 46.035, I agree with you. |
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Posted: 11/3/2013 12:06:52 PM EDT
[#39]
Quote HistoryQuoted:
Wrong, a CHL holder cannot openly carry a pistol.....But I agree with you that wasn't their intent either about open carrying illegal knives.... Quote HistoryQuoted:
Quoted:
Sec. 46.15. NONAPPLICABILITY. ... (b) Section 46.02 does not apply to a person who: ... (6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying; ... Quoted:
But legal if you had your CHL + GUN under inapplicability section If this interpretation were correct, you could drop a DL, a CHL and a NAA mini-revolver into your pocket and: 1) Open carry a handgun (e.g., Glock 20) 2) Open carry an illegal knife (e.g., a sword) 3) Open carry a club (e.g., a nightstick) I don't believe this was the legislature's intent when they passed the Concealed Handgun Law. Wrong, a CHL holder cannot openly carry a pistol.....But I agree with you that wasn't their intent either about open carrying illegal knives.... Can you explain if this wasn't their intent then why wasn't the law changed 15+ years ago? |
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Posted: 11/3/2013 12:10:05 PM EDT
[#40]
Quote HistoryQuoted:
Some people are arguing that section 46.02 does not apply (at all) to a person who is carrying a concealed handgun and a valid license. If that interpretation is correct, he/she can open carry a handgun, a sword and a nightstick. I'm not buying that interpretation though. Quote HistoryQuoted:
Quoted:
Wrong, a CHL holder cannot openly carry a pistol.....But I agree with you that wasn't their intent either about open carrying illegal knives.... Some people are arguing that section 46.02 does not apply (at all) to a person who is carrying a concealed handgun and a valid license. If that interpretation is correct, he/she can open carry a handgun, a sword and a nightstick. I'm not buying that interpretation though. wrong.. A different chapter covers this. If a concealed handgun licensee is caught carrying a handgun in plain view or if his/her handgun is visible then he/she is subject to criminal charges. Specifically, he/she would be subject to prosecution for the Class A misdemeanor, Unlawfully Carrying of a Concealed Weapon by a License Holder, Sect. 46.035(a), Penal Code. (Straight from DPS website) Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun |
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Posted: 11/3/2013 12:18:28 PM EDT
[#41]
Quote HistoryQuoted:
Can you explain if this wasn't their intent then why wasn't the law changed 15+ years ago? Nope. Just my opinion, and I have been wrong before. |
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Posted: 11/3/2013 12:18:58 PM EDT
[#42]
Quote HistoryQuoted:
wrong.. A different chapter covers this. If a concealed handgun licensee is caught carrying a handgun in plain view or if his/her handgun is visible then he/she is subject to criminal charges. Specifically, he/she would be subject to prosecution for the Class A misdemeanor, Unlawfully Carrying of a Concealed Weapon by a License Holder, Sect. 46.035(a), Penal Code. (Straight from DPS website) Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun I edited my original post after re-reading section 46.035. |
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Posted: 11/3/2013 12:20:31 PM EDT
[#43]
Quote HistoryQuoted:
I edited my original post after re-reading section 46.035. Quote HistoryQuoted:
Quoted:
wrong.. A different chapter covers this. If a concealed handgun licensee is caught carrying a handgun in plain view or if his/her handgun is visible then he/she is subject to criminal charges. Specifically, he/she would be subject to prosecution for the Class A misdemeanor, Unlawfully Carrying of a Concealed Weapon by a License Holder, Sect. 46.035(a), Penal Code. (Straight from DPS website) Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun I edited my original post after re-reading section 46.035. No worries, like I said above. I've been wrong before, and have had my fair share of humble pie. Damn you Txinvestigator!!  
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Posted: 11/3/2013 12:20:38 PM EDT
[#44]
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Can you explain if this wasn't their intent then why wasn't the law changed 15+ years ago? I suspect the legislature has no idea people think this language applies to anything other than concealed handguns. |
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Posted: 11/3/2013 12:48:16 PM EDT
[#45]
Quote HistoryQuoted:
wrong.. A different chapter covers this. If a concealed handgun licensee is caught carrying a handgun in plain view or if his/her handgun is visible then he/she is subject to criminal charges. Specifically, he/she would be subject to prosecution for the Class A misdemeanor, Unlawfully Carrying of a Concealed Weapon by a License Holder, Sect. 46.035(a), Penal Code. (Straight from DPS website) Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun Actually, one could argue the law allows for carrying one handgun concealed and an arbitrary number of handguns open, because the ones carried open aren't being carried under the authority of Subchapter H, Chapter 411, Government Code. |
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Posted: 11/3/2013 1:19:27 PM EDT
[#46]
Quote HistoryQuoted:
Actually, one could argue the law allows for carrying one handgun concealed and an arbitrary number of handguns open, because the ones carried open aren't being carried under the authority of Subchapter H, Chapter 411, Government Code. Quote HistoryQuoted:
Quoted:
wrong.. A different chapter covers this. If a concealed handgun licensee is caught carrying a handgun in plain view or if his/her handgun is visible then he/she is subject to criminal charges. Specifically, he/she would be subject to prosecution for the Class A misdemeanor, Unlawfully Carrying of a Concealed Weapon by a License Holder, Sect. 46.035(a), Penal Code. (Straight from DPS website) Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun Actually, one could argue the law allows for carrying one handgun concealed and an arbitrary number of handguns open, because the ones carried open aren't being carried under the authority of Subchapter H, Chapter 411, Government Code. If someone should choose to argue this and apply it, I would hope they have a VERY good attorney on retainer. |
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Posted: 11/3/2013 1:37:05 PM EDT
[#47]
Quote HistoryQuoted:
wrong.. A different chapter covers this. If a concealed handgun licensee is caught carrying a handgun in plain view or if his/her handgun is visible then he/she is subject to criminal charges. Specifically, he/she would be subject to prosecution for the Class A misdemeanor, Unlawfully Carrying of a Concealed Weapon by a License Holder, Sect. 46.035(a), Penal Code. (Straight from DPS website) Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun Quote HistoryQuoted:
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Wrong, a CHL holder cannot openly carry a pistol.....But I agree with you that wasn't their intent either about open carrying illegal knives.... Some people are arguing that section 46.02 does not apply (at all) to a person who is carrying a concealed handgun and a valid license. If that interpretation is correct, he/she can open carry a handgun, a sword and a nightstick. I'm not buying that interpretation though. wrong.. A different chapter covers this. If a concealed handgun licensee is caught carrying a handgun in plain view or if his/her handgun is visible then he/she is subject to criminal charges. Specifically, he/she would be subject to prosecution for the Class A misdemeanor, Unlawfully Carrying of a Concealed Weapon by a License Holder, Sect. 46.035(a), Penal Code. (Straight from DPS website) Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun that is no longer 46.035(a). As of this Sept 1 it reads that it is an offense to intentionally display the handgun in a public place in plain view of another. |
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Posted: 11/3/2013 1:44:03 PM EDT
[#48]
Quote HistoryQuoted:
that is no longer 46.035(a). As of this Sept 1 it reads that it is an offense to intentionally display the handgun in a public place in plain view of another. Quote HistoryQuoted:
Quoted:
Quoted:
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Wrong, a CHL holder cannot openly carry a pistol.....But I agree with you that wasn't their intent either about open carrying illegal knives.... Some people are arguing that section 46.02 does not apply (at all) to a person who is carrying a concealed handgun and a valid license. If that interpretation is correct, he/she can open carry a handgun, a sword and a nightstick. I'm not buying that interpretation though. wrong.. A different chapter covers this. If a concealed handgun licensee is caught carrying a handgun in plain view or if his/her handgun is visible then he/she is subject to criminal charges. Specifically, he/she would be subject to prosecution for the Class A misdemeanor, Unlawfully Carrying of a Concealed Weapon by a License Holder, Sect. 46.035(a), Penal Code. (Straight from DPS website) Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun that is no longer 46.035(a). As of this Sept 1 it reads that it is an offense to intentionally display the handgun in a public place in plain view of another. Same thing to a degree. My understanding law was change to PROTECT a CHL who was say at a grocery store and bent down to pick up a item on bottom shelf and shirt raised up and exposed an otherwise unnoticeable holster. Still very illegal to open carry. (Not my opinion, but the opinion of the state of Texas) |
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Posted: 11/3/2013 3:15:33 PM EDT
[#49]
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Same thing to a degree. My understanding law was change to PROTECT a CHL who was say at a grocery store and bent down to pick up a item on bottom shelf and shirt raised up and exposed an otherwise unnoticeable holster. Still very illegal to open carry. (Not my opinion, but the opinion of the state of Texas) Quote HistoryQuoted:
Quoted:
Quoted:
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Wrong, a CHL holder cannot openly carry a pistol.....But I agree with you that wasn't their intent either about open carrying illegal knives.... Some people are arguing that section 46.02 does not apply (at all) to a person who is carrying a concealed handgun and a valid license. If that interpretation is correct, he/she can open carry a handgun, a sword and a nightstick. I'm not buying that interpretation though. wrong.. A different chapter covers this. If a concealed handgun licensee is caught carrying a handgun in plain view or if his/her handgun is visible then he/she is subject to criminal charges. Specifically, he/she would be subject to prosecution for the Class A misdemeanor, Unlawfully Carrying of a Concealed Weapon by a License Holder, Sect. 46.035(a), Penal Code. (Straight from DPS website) Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun that is no longer 46.035(a). As of this Sept 1 it reads that it is an offense to intentionally display the handgun in a public place in plain view of another. Same thing to a degree. My understanding law was change to PROTECT a CHL who was say at a grocery store and bent down to pick up a item on bottom shelf and shirt raised up and exposed an otherwise unnoticeable holster. Still very illegal to open carry. (Not my opinion, but the opinion of the state of Texas) Despite what has recently happened otherwise you can legally open carry a cap and ball revolver. |
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Posted: 11/3/2013 3:19:50 PM EDT
[#50]
Quote HistoryQuoted:
Same thing to a degree. My understanding law was change to PROTECT a CHL who was say at a grocery store and bent down to pick up a item on bottom shelf and shirt raised up and exposed an otherwise unnoticeable holster. Still very illegal to open carry. (Not my opinion, but the opinion of the state of Texas) Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Quoted:
Wrong, a CHL holder cannot openly carry a pistol.....But I agree with you that wasn't their intent either about open carrying illegal knives.... Some people are arguing that section 46.02 does not apply (at all) to a person who is carrying a concealed handgun and a valid license. If that interpretation is correct, he/she can open carry a handgun, a sword and a nightstick. I'm not buying that interpretation though. wrong.. A different chapter covers this. If a concealed handgun licensee is caught carrying a handgun in plain view or if his/her handgun is visible then he/she is subject to criminal charges. Specifically, he/she would be subject to prosecution for the Class A misdemeanor, Unlawfully Carrying of a Concealed Weapon by a License Holder, Sect. 46.035(a), Penal Code. (Straight from DPS website) Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun that is no longer 46.035(a). As of this Sept 1 it reads that it is an offense to intentionally display the handgun in a public place in plain view of another. Same thing to a degree. My understanding law was change to PROTECT a CHL who was say at a grocery store and bent down to pick up a item on bottom shelf and shirt raised up and exposed an otherwise unnoticeable holster. Still very illegal to open carry. (Not my opinion, but the opinion of the state of Texas) Your example was not illegal under the old law. The changes are significant. Under old law, if I was at your backyard I could not open carry. Now, I can since your backyard is not a public place. You are correct in that the changes protect the CHL holder. "Fail to conceal" takes less to prove than "display". |
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