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Posted: 2/26/2006 12:10:31 PM EDT
[Last Edit: 2/26/2006 12:11:20 PM EDT by Boz]
I have been on-line trying to find out what the law says about carrying knives and where I can carry (my hand gun) with my CHL.

Last time I took my CHL renewal class we read that it was now legal to carry into a church, now I am reading that it is not. Has the law changed again or was the instructor, the class and myself misinformed when I did my CHL renewal?

§ 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 Sub-chapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Sub-chapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:

(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other
established place of religious worship




On to my next question. I am not shur what the law is on assisted opining knives, is it legal or no?

CHAPTER 46. WEAPONS[0]

(11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force
.

Centrifugal force (Webster's new world dictionary) using or acting on by a force that tends to make rotating bodies move away from the center of rotation.

I can open my CRKT m16-12m by simply pressing back on the finger stud and whipping my wrist. I guess my question on this one is can I be arrested for carying this knife.

I have cared this knife every day for many years and I have cared my SIG 229 with me to church for about 2 1/2 years.

I greatly appreciate any input and I ask that you forgive me for any misspelled words that I did not catch.

Thank you

The confused one
Link Posted: 2/26/2006 12:53:26 PM EDT
[Last Edit: 2/26/2006 12:54:00 PM EDT by SmallChange]
Here's your info on the church:



PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
(b) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, on or about the license holder's
person:
(1) on the premises of a business that has a permit or license issued
under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if
the business derives 51 percent or more of its income from the sale or
service of alcoholic beverages for on-premises consumption, as determined
by the Texas Alcoholic Beverage Commission under Section
104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional
sporting event or interscholastic event is taking place, unless
the license holder is a participant in the event and a handgun is used
in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241,
Health and Safety Code, or on the premises of a nursing home licensed
under Chapter 242, Health and Safety Code, unless the license
holder has written authorization of the hospital or nursing home
administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established
place of religious worship.
(snip)
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.





(i) amended the original law to make it legal to carry in hospitals, amusement parks, and churches UNLESS they are posted w/ the 30.06 signage.

I'll let someone else address the knife issue.
Link Posted: 2/26/2006 1:37:21 PM EDT
If the knife is opened by pressing on the back of the blade or a button on the blade it is not prohibited.
Link Posted: 2/26/2006 3:19:32 PM EDT
[Last Edit: 2/26/2006 3:31:32 PM EDT by Boz]
Thank you for the clarification on this, I thought their was something I was not reading correctly (or fully)

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.


CHAPTER 46. WEAPONS[0]

(11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity
or by the application of centrifugal
force.

Now can some one shed some light on the interpretation of this?

If I can open my knife by fliking my wrist, or using a asisted oponing device I can not? carry it?

I have an auto opener that was givin to me and I know that applies to (A)opens automatically by pressure applied to a button or other device located on the handle

I am wonting to buy a new knife (Benchmade # 806 sd2) which is not an auto opener or and assisted opener but it can be opened by centrifugal force. I just do not wont to waste my money on a new knife if I cannot legally carry it.

Thanks again for any help
Link Posted: 2/26/2006 3:32:08 PM EDT

Originally Posted By Boz:
Thank you for the clarification on this, I thought their was something I was not reading correctly (or fully)

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.


CHAPTER 46. WEAPONS[0]

(11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.


Now can some one shed some light on interpretation of this?



If you can open the knife by letting the blade just fall open or out, or if you can flick it open by just swinging it sharply.
Link Posted: 2/26/2006 3:34:29 PM EDT

Originally Posted By txinvestigator:

Originally Posted By Boz:
Thank you for the clarification on this, I thought their was something I was not reading correctly (or fully)

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.


CHAPTER 46. WEAPONS[0]

(11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.


Now can some one shed some light on interpretation of this?



If you can open the knife by letting the blade just fall open or out, or if you can flick it open by just swinging it sharply.



That pretty much describes every Benchmade I have ever seen, they open with a flick of the wrist, yet they are sold legally?
Link Posted: 2/26/2006 4:17:14 PM EDT
OK, thanks for your responses!
Link Posted: 2/27/2006 3:40:12 AM EDT

Originally Posted By RenegadeX:

Originally Posted By txinvestigator:

Originally Posted By Boz:
Thank you for the clarification on this, I thought their was something I was not reading correctly (or fully)

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.


CHAPTER 46. WEAPONS[0]

(11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.


Now can some one shed some light on interpretation of this?



If you can open the knife by letting the blade just fall open or out, or if you can flick it open by just swinging it sharply.



That pretty much describes every Benchmade I have ever seen, they open with a flick of the wrist, yet they are sold legally?



I can do that with many regular lockblade knives. It just requires a little pratice.
Link Posted: 2/27/2006 4:13:49 AM EDT

Originally Posted By SmallChange:
Here's your info on the church:



PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
(b) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, on or about the license holder's
person:
(1) on the premises of a business that has a permit or license issued
under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if
the business derives 51 percent or more of its income from the sale or
service of alcoholic beverages for on-premises consumption, as determined
by the Texas Alcoholic Beverage Commission under Section
104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional
sporting event or interscholastic event is taking place, unless
the license holder is a participant in the event and a handgun is used
in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241,
Health and Safety Code, or on the premises of a nursing home licensed
under Chapter 242, Health and Safety Code, unless the license
holder has written authorization of the hospital or nursing home
administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established
place of religious worship.
(snip)
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.





(i) amended the original law to make it legal to carry in hospitals, amusement parks, and churches UNLESS they are posted w/ the 30.06 signage.

I'll let someone else address the knife issue.



Section 30.06 ?
Link Posted: 2/27/2006 6:47:05 AM EDT

Originally Posted By Blue_Dragon:

Originally Posted By RenegadeX:

Originally Posted By txinvestigator:

Originally Posted By Boz:
Thank you for the clarification on this, I thought their was something I was not reading correctly (or fully)

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.

CHAPTER 46. WEAPONS[0]

(11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.


Now can some one shed some light on interpretation of this?


If you can open the knife by letting the blade just fall open or out, or if you can flick it open by just swinging it sharply.


That pretty much describes every Benchmade I have ever seen, they open with a flick of the wrist, yet they are sold legally?


I can do that with many regular lockblade knives. It just requires a little pratice.


txinvestigator: You got a handle as to whom the "tester" is for that condition? If the user can do it, is the knife "illegal"? Or the investigating officer? Or a "reasonable person"?
Link Posted: 2/27/2006 9:02:16 AM EDT

Originally Posted By wise_jake:

Originally Posted By Blue_Dragon:

Originally Posted By RenegadeX:

Originally Posted By txinvestigator:

Originally Posted By Boz:
Thank you for the clarification on this, I thought their was something I was not reading correctly (or fully)

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.

CHAPTER 46. WEAPONS[0]

(11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.


Now can some one shed some light on interpretation of this?


If you can open the knife by letting the blade just fall open or out, or if you can flick it open by just swinging it sharply.


That pretty much describes every Benchmade I have ever seen, they open with a flick of the wrist, yet they are sold legally?


I can do that with many regular lockblade knives. It just requires a little pratice.


txinvestigator: You got a handle as to whom the "tester" is for that condition? If the user can do it, is the knife "illegal"? Or the investigating officer? Or a "reasonable person"?



LOL I knew that question was coming. I am not aware of any case law.
Link Posted: 2/27/2006 9:51:13 AM EDT


(I'm assuming it's one of those laws that allow individuals to be arrested subjectively, and then the details be hashed out later )
Link Posted: 3/1/2006 8:41:20 AM EDT
Benchmades require you to press in the axis lock to flick open. That is somethng else entirely as you must do something other tha simply "open with centrifugal force". This part of the statue was designed to make butterfly type knives illegal. You can see they open by ONLY centrifugal force.
Link Posted: 3/1/2006 6:10:31 PM EDT

Originally Posted By DevL:
Benchmades require you to press in the axis lock to flick open. That is somethng else entirely as you must do something other tha simply "open with centrifugal force". This part of the statue was designed to make butterfly type knives illegal. You can see they open by ONLY centrifugal force.



Negative.

The button is to unlock the open blade it so you can close it. To open the closed knife, just give it a flick. Can't speak for all Benchmades, but this is true for the Griptillian Family.
Link Posted: 3/1/2006 8:38:28 PM EDT
[Last Edit: 3/1/2006 8:50:26 PM EDT by DevL]
The one I tried would not open at the gunshow. I tried specifically because of this law. Dont know which one it was... but after trying one I knew I wanted a Benchmade for my next knife. Perhaps I tried a broken switch blade?

Also while we are at it ALL Surefire flashlights with strike bezels are "clubs" and illegal to carry under Texas law. Unless you have a concealed carry permit AND a pistol on you.
Link Posted: 3/1/2006 9:39:35 PM EDT

Originally Posted By RenegadeX:

Originally Posted By DevL:
Benchmades require you to press in the axis lock to flick open. That is somethng else entirely as you must do something other tha simply "open with centrifugal force". This part of the statue was designed to make butterfly type knives illegal. You can see they open by ONLY centrifugal force.



Negative.

The button is to unlock the open blade it so you can close it. To open the closed knife, just give it a flick. Can't speak for all Benchmades, but this is true for the Griptillian Family.

My 710 can be opened with centrifugal force as well. I carry is everyday and don't sweat it.
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