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Posted: 1/25/2014 7:16:32 AM EDT
I understand under Texas law you cannot carry a blade over 5 1/2 inches, but does this also pertain to camping/hunting purposes? I want to buy a Bark River Bravo 2, which is a 7 inch blade, for my dedicated camping/ hunting pack. Is this breaking the law?

Thanks.
Link Posted: 1/25/2014 7:42:56 AM EDT
[Last Edit: 1/25/2014 7:45:28 AM EDT by topgunpilot20]


It's not illegal if you are at or enroute to your hunting location. "But I use it for hunting" would not be a legal excuse for sticking it on your belt or in your backpack and walking around town with it.







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.


(a-1)  A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:


(1)  the handgun is in plain view; or


(2)  the person is:


(A)  engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;


(B)  prohibited by law from possessing a firearm; or


(C)  a member of a criminal street gang, as defined by Section 71.01.


(a-2)  For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.


(a-3)  For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.


(b)  Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.


(c)  An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.









Sec. 46.15.  NONAPPLICABILITY.


(b)  Section 46.02 does not apply to a person who:


(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;

 
Link Posted: 1/25/2014 7:43:52 AM EDT
See 46.15 (b)(3):
(b) Section 46.02 does not apply to a person who:

(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;
View Quote


So is it a weapon commonly used in the activity?  Well, sure, knives are commonly used in hunting and a 7" blade does not sound out of the question.

There's the gray area though of course, interpretation of "commonly used in the activity".
Link Posted: 1/25/2014 7:49:17 AM EDT
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Originally Posted By Wahnsinn:
See 46.15 (b)(3):


So is it a weapon commonly used in the activity?  Well, sure, knives are commonly used in hunting and a 7" blade does not sound out of the question.

There's the gray area though of course, interpretation of "commonly used in the activity".
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Originally Posted By Wahnsinn:
See 46.15 (b)(3):
(b) Section 46.02 does not apply to a person who:

(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;


So is it a weapon commonly used in the activity?  Well, sure, knives are commonly used in hunting and a 7" blade does not sound out of the question.

There's the gray area though of course, interpretation of "commonly used in the activity".



Thanks. It sounds as if I'd be legal in carrying it in my pack when camping and/ or hunting which is the only time I would have it.
Link Posted: 1/25/2014 9:06:30 AM EDT
Should just get a CHL and carry a gun with your knife.

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;
View Quote
Link Posted: 1/25/2014 9:47:23 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By OFFascist:
Should just get a CHL and carry a gun with your knife.

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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By OFFascist:
Should just get a CHL and carry a gun with your knife.

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;



I have one, but wasn't there a member here that was arrested and spent thousands defending himself from what should have been legal carry with a CHL?
Link Posted: 1/25/2014 10:15:38 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Dana1972:



I have one, but wasn't there a member here that was arrested and spent thousands defending himself from what should have been legal carry with a CHL?
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Originally Posted By Dana1972:
Originally Posted By OFFascist:
Should just get a CHL and carry a gun with your knife.

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;



I have one, but wasn't there a member here that was arrested and spent thousands defending himself from what should have been legal carry with a CHL?


Yep.  It is easy to tell someone else to be a another test case..  
Link Posted: 1/25/2014 10:25:12 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By txinvestigator:


Yep.  It is easy to tell someone else to be a another test case..  
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By txinvestigator:
Originally Posted By Dana1972:
Originally Posted By OFFascist:
Should just get a CHL and carry a gun with your knife.

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;



I have one, but wasn't there a member here that was arrested and spent thousands defending himself from what should have been legal carry with a CHL?


Yep.  It is easy to tell someone else to be a another test case..  


Especially when it is unlikely a DA will ever let there be a test case.  If they don't let any precedent be set then they can still continue to arrest people at will without any consequences. They'll just dismiss after letting the defendant sweat a while and spend their money but prior to trial figuring that costing someone thousands in legal fees plus all their lost time and having an arrest on their record is punishment enough to be a deterrent for something that they don't like but they know isn't even a crime.
Link Posted: 1/25/2014 10:26:12 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By txinvestigator:


Yep.  It is easy to tell someone else to be a another test case..  
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By txinvestigator:
Originally Posted By Dana1972:
Originally Posted By OFFascist:
Should just get a CHL and carry a gun with your knife.

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;



I have one, but wasn't there a member here that was arrested and spent thousands defending himself from what should have been legal carry with a CHL?


Yep.  It is easy to tell someone else to be a another test case..  


Yep not me. I'll just keep this knife in my hunting and camping load out.
Link Posted: 1/25/2014 10:29:14 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SoftwareJanitor:


Especially when it is unlikely a DA will ever let there be a test case.  If they don't let any precedent be set then they can still continue to arrest people at will without any consequences. They'll just dismiss after letting the defendant sweat a while and spend their money but prior to trial figuring that costing someone thousands in legal fees plus all their lost time and having an arrest on their record is punishment enough to be a deterrent for something that they don't like but they know isn't even a crime.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SoftwareJanitor:
Originally Posted By txinvestigator:
Originally Posted By Dana1972:
Originally Posted By OFFascist:
Should just get a CHL and carry a gun with your knife.

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;



I have one, but wasn't there a member here that was arrested and spent thousands defending himself from what should have been legal carry with a CHL?


Yep.  It is easy to tell someone else to be a another test case..  


Especially when it is unlikely a DA will ever let there be a test case.  If they don't let any precedent be set then they can still continue to arrest people at will without any consequences. They'll just dismiss after letting the defendant sweat a while and spend their money but prior to trial figuring that costing someone thousands in legal fees plus all their lost time and having an arrest on their record is punishment enough to be a deterrent for something that they don't like but they know isn't even a crime.



Did the member that went through this file a civil case against the State as a result? When they start paying for it is when there will be change.
Link Posted: 1/25/2014 11:28:22 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Dana1972:
Did the member that went through this file a civil case against the State as a result? When they start paying for it is when there will be change.
View Quote


Officers are given incredibly lenient discretion and are generally considered to be protected by "qualified immunity" even when they knew or should have known that no crime was committed because it is very difficult to prove what they knew or not and the word of an officer is generally considered to be true unless they do something to discredit themselves.  In a false arrest case like the member's here, they will just claim it is a grey area in the law and it is very difficult to prevail because the courts will generally act in the interests of the state over those of the people.  If a few people won it would be a deterrent to filing charges when the law was unclear and given the number of laws that are confusing or poorly worded, especially those relating to firearms, that is not something that the government would allow to happen.
Link Posted: 1/25/2014 1:28:01 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Dana1972:


Did the member that went through this file a civil case against the State as a result? When they start paying for it is when there will be change.
View Quote


I don't think he has a case that he can prevail.  AND who can afford to hire an attorney for the civil suit after having to pay for the criminal defense.

Link Posted: 1/25/2014 5:04:40 PM EDT
[Last Edit: 1/25/2014 5:05:24 PM EDT by MateFrio]


Discussion ForumsJump to Quoted PostQuote History
Originally Posted By txinvestigator:
I don't think he has a case that he can prevail.  AND who can afford to hire an attorney for the civil suit after having to pay for the criminal defense.





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Originally Posted By txinvestigator:





Originally Posted By Dana1972:
Did the member that went through this file a civil case against the State as a result? When they start paying for it is when there will be change.






I don't think he has a case that he can prevail.  AND who can afford to hire an attorney for the civil suit after having to pay for the criminal defense.





I couldn't afford pushing forward without more support.  I tried knife rights and a couple of others and they weren't interested.

 






The nail in the coffin was moving to Wisconsin unexpectedly.

 
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