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- Feb 17, 2013
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- 6,167
Potentially, the way the law is written, it does, but the way LEOs and DAs interpret it, it does not.
Texas Penal Code Section 46.01 Definitions
Subparagraph (6) defines illegal knife and (7) defines "knife"
(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.
(7) Knife means any bladed hand instrument that is capable of inflicting serious
bodily injury or death by cutting or stabbing a person with the instrument.
Texas Penal Code Section 46.02 specifies the law regarding unlawfully carrying a weapon, into which category an "illegal knife" falls ...
PC §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 persons own premises or premises under the persons control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned
by the person or under the persons control.
(........ definitions and explanations omitted...)
Section 46.15 Non-Applicability specifies where Sections 46.02 and 46.03 do not apply (meaning the specified laws do not exist)....
PC §46.15. NON-APPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to
a person who:
(paragraphs 1 through 5 and 7 through 8 omitted as they specify LEOs, DAs and other jobs)
(6) is carrying a concealed handgun and a valid license issued under
Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;
If you read the penal code using the standard rules of English grammar, the rules of Logic Theory and common sense basically the Penal Code says
"46.01" defines an illegal knife
"46.02" defines what constitutes the unlawful carrying of a weapon
and
"46.15" categorically states that "If you have a valid CHL AND are carrying a concealed handgun, then the provisions of 46.02, i.e., the prohibition of carrying an illegal knife, is not applicable."
That's the way the law is written. The law does not say "This non-applicability section does not apply to illegal knives." It does not say "This non-applicability section is not applicable to anything else." It very simply and very clearly says
" In the following situations, 46.02 is NOT applicable". Period.
It doesn't say a person has to meet the criteria of 2 or more sub-sections of 46.15. Sub-paragraph (1) is not dependent on sub-paragraph (2) which is not dependent on sub-paragraph (3), ad nauseum et finale.
LEOs and DAs claim "that's not what the bill was meant to say."
I don't give a rat's patootie about what they say the law was supposed to say. They don't interpret the law, they are to enforce it AS IT IS WRITTEN and AS SUBSEQUENTLY CODIFIED BY CASE LAW. Period.
There just hasn't been a court case yet to have case law established. There almost was one in 2013, but the Travis County DA chose not to prosecute the individual because he and all his Deputy DAs KNEW he didn't stand an ice cube's chance in hell of winning the case, even in Travis County, the alleged liberal bastion of Texas.
