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Author: R.L. HornR.L. Horn Date: Apr 25, 2008 12:20
On Thu, 24 Apr 2008 23:05:05 +0000 (UTC), Misifus
suddenlink.net> wrote:
## Get a CHL. The way the laws read, if you are carrying a gun with your
## CHL, "other" weapons seem to be covered!
# I just renewed and the instructor insisted that a CHL covered handguns
# only, that "other" weapons were still prohibited.
The Texas Penal Code, Title 10, Chapter 46.15(b)(6) (as reenacted by Acts
2007, 80th Leg.), states:
"(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;"
It gets tricky because Chapter 46.02 states:
"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*..." (emphasis mine).
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Author: D. ParkerD. Parker Date: Apr 26, 2008 13:36
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Author: D RackleyD Rackley Date: Apr 26, 2008 19:28
"D. Parker" yahoo.com> wrote in message
news:fuv447$hob$1@grapevine.wam.umd.edu...
# On Apr 25, 5:20 am, "R.L. Horn" eastcheap.org> wrote:
# # On Thu, 24 Apr 2008 23:05:05 +0000 (UTC), Misifus
#
# # So, as usual, to get some small idea of what this practically means, you
# # have to pore through appellate decisions. Unfortunately, I no longer
# have
# # ready access to an up-to-date law library and Lexis charges for online
# # access...
#
# I'm pretty sure that any sober judge is going to find it both clear
# and obvious that the intent of the "does not apply" phrase in 46.15(b)
# (6) was to refer only to the handgun restriction in 46.02, and not the
# other weapons.
I'm not so sure it's that clear, and I believe the original poster to be
correct. That is, unlawful carrying of illegal knives and clubs are not
applicable.
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Author: RexRex Date: Apr 26, 2008 19:29
D. Parker wrote:
# On Apr 25, 5:20 am, "R.L. Horn" eastcheap.org> wrote:
# # On Thu, 24 Apr 2008 23:05:05 +0000 (UTC), Misifus
# #
# # suddenlink.net> wrote:
# #
# # ## Get a CHL. The way the laws read, if you are carrying a gun with your
# # ## CHL, "other" weapons seem to be covered!
# #
# # # I just renewed and the instructor insisted that a CHL covered handguns
# # # only, that "other" weapons were still prohibited.
# #
# # The Texas Penal Code, Title 10, Chapter 46.15(b)(6) (as reenacted by Acts
# # 2007, 80th Leg.), states:
# #
# # "(b) Section 46.02 does not apply to a person who: ...
# #
# # " (6) is carrying a concealed handgun and a valid license issued under
# # Subchapter H, Chapter 411, Government Code, to carry a concealed
# # handgun of the same category as the handgun the person is ...
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Author: Gunny_2007Gunny_2007 Date: Apr 29, 2008 17:54
"Rex" txol.net> wrote in message
news:fuvopj$mf7$1@grapevine.wam.umd.edu...
# D. Parker wrote:
# # On Apr 25, 5:20 am, "R.L. Horn" eastcheap.org> wrote:
# # # On Thu, 24 Apr 2008 23:05:05 +0000 (UTC), Misifus
# # #
# # # suddenlink.net> wrote:
# # #
# # # ## Get a CHL. The way the laws read, if you are carrying a gun with
your
# # # ## CHL, "other" weapons seem to be covered!
# # #
# # # # I just renewed and the instructor insisted that a CHL covered
handguns
# # # # only, that "other" weapons were still prohibited.
# # #
# # # The Texas Penal Code, Title 10, Chapter 46.15(b)(6) (as reenacted by
Acts
# # # 2007, 80th Leg.), states:
# # # ...
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Author: R.L. HornR.L. Horn Date: Apr 30, 2008 13:10
On Tue, 29 Apr 2008 15:54:12 +0000 (UTC), Gunny_2007
hotmail.com> wrote:
# Minority opinion/majority opinion/worthless opinions. All of the
# discussions in the world by anonymous internet legal "experts" on either
# side of the issue doesn't mean squat.
Agreed. Next time I'm in a town big enough to have a public library I'll
check to see if they have an up-to-date law collection (or at least Texas
Jurisprudence and Vernon's). I'd be surprised, however, to find any
decisions addressing the issue.
-----------------------------------------------------------
Learn about rec.guns at http://www.recguns.net
Win a Fulton Armory "Classic" AR-15 with Black Hills Ammo
while supporting our RKBA. Details at http://www.myguns.net
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Author: Herb MartinHerb Martin Date: May 1, 2008 03:12
"R.L. Horn" eastcheap.org> wrote in message
news:fv9k37$c2a$1@grapevine.wam.umd.edu...
# On Tue, 29 Apr 2008 15:54:12 +0000 (UTC), Gunny_2007
# hotmail.com> wrote:
#
# # Minority opinion/majority opinion/worthless opinions. All of the
# # discussions in the world by anonymous internet legal "experts" on either
# # side of the issue doesn't mean squat.
#
# Agreed. Next time I'm in a town big enough to have a public library I'll
# check to see if they have an up-to-date law collection (or at least Texas
# Jurisprudence and Vernon's). I'd be surprised, however, to find any
# decisions addressing the issue.
I doubt that it has ever been adjudicated; likely this will
be easier if you just write the AG office and see if they
will issue a letter....
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Author: R.L. HornR.L. Horn Date: May 3, 2008 00:01
On Thu, 1 May 2008 01:12:44 +0000 (UTC), Herb Martin learnquick.com>
wrote:
## Agreed. Next time I'm in a town big enough to have a public library I'll
## check to see if they have an up-to-date law collection (or at least Texas
## Jurisprudence and Vernon's). I'd be surprised, however, to find any
## decisions addressing the issue.
#
# I doubt that it has ever been adjudicated;
Well, quite. Still, there are some other things I need to look up as well,
and I'd like to get an idea of the current state of CHL adjudication anyway.
What I'd *really* like to see would be some decisions regarding Sec.
46.02(2) (carrying in motor vehicles), but that's probably years away.
# likely this will be easier if you just write the AG office and see if they
# will issue a letter....
I'll leave that as an exercise for someone who cares more about the issue
than myself. :-)
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Author: Jim CaseyJim Casey Date: May 3, 2008 00:01
Herb Martin wrote:
# I doubt that it has ever been adjudicated; likely this will
# be easier if you just write the AG office and see if they
# will issue a letter....
The Texas AG issues opinions only for government officials and agencies.
- Jim
-----------------------------------------------------------
Learn about rec.guns at http://www.recguns.net
Win a Fulton Armory "Classic" AR-15 with Black Hills Ammo
while supporting our RKBA. Details at http://www.myguns.net
-----------------------------------------------------------
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Author: JLGJLG Date: May 3, 2008 00:02
> ...
your opinion appears to be in the minority among people with legal
knowledge. This has been discussed many times on the TXCHL forum.
I am an attorney in Texas, I have a CHL and have studied the laws on
CHL and I have access to Westlaw.
First, having just read this thread, I agree that it is unlikely that
a judge would find that the CHL sections applied to anything other
than a handgun, the big brains on TXCHL forum notwithstanding.
Second, I just ran several searches on Westlaw, and I am relatively
certain there is neither an AG opinion or a Texas court decision on
this question. I did a pretty broad search and there are only three
cases and two AG opinions that use the word "knife" in the same
paragraph as the term "concealed handgun" or "CHL" and none of them
are on point.
Third, anyone with a computer and an internet connection can search
Texas AG opinions and it's free. Go here:
http://www.oag.state.tx.us/googlesearch_opn.shtml
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