TX Peace Officers...Question about a knife...

[alduro]

This is nowhere near my jurisdiction so I don't know the answer here, but I recently saw a CHL holder wearing what appeared to be a dagger

http://www.policeone.com/police-prod...eleases/90711/

behind his gun in the waist band. I mentioned that it might be illegal under state law to do so...he said that since he held a CHL he was exempt citing

"is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;" from the penal code...which as you know falls under

"Sec. 46.02 - Unlawful Carrying Weapons (Texas Penal Code)".

Now as I said before I am not a Texas Peace Officer but it did strike me as odd. Is he correct?

[alduro]

BTW...I thought that the exemption only covered handguns...and specifically of the type that is on the CHL.

[txinvestigator1]

There seem to be a few hardheaded people who believe that a CHL (concealed HANDGUN license) allows them to carry any weapon listed under Penal Code section 46.02.

They are wrong. If you read the rest of the non-applicabilities listed under 46.15 you will see that (b) 6 is the only one specifically listing a handgun as being exempt.

If you were exempt from all of 46.02, why would the law require you to be carrying your handgun before you could carry an illegal knife?

And as a CHL instructor, I can tell you the DPS position on 46.15. It only allows the carrying of handguns. DPS will arrest a CHL holder they find carrying an illegal knife or club.



My range has an instructor from the Dallas Sheriff's academy in every Saturday to help with our fingerprinting of CHL students. Acording to him, Dallas SO interprets the law the same as DPS, and DSO will arrest CHL holders they find carrying illegal knives or clubs.

We have MANY LEO's that come into our range. Since this issue has come up on several forums, I ask LEO's that come in. They will arrest a CHL holder they find carrying an illegal knife or club.

As an aside, the CHL tests your handgun profeciency. We do not test nor train in the use of illegal knives or clubs. It will be a slam dunk conviction for any CHL holder charged with carrying an illegal knife or club. We tell people in class that they are only allowed to carry handguns.

More power to em.




I WAS WRONG. 46.15(b) makes all of 46.02 non-applicable, and that includes the carry of illegal knives.

[txinvestigator1]

Since I cannot edit I will add this. A a CHL holder arrested or charged with UCW (violation of 46.02) will have the CHL suspended by DPS. A conviction of UCW will result in a revocation of the CHL. Said person would not be eligible for a CHL for 7 years from date of conviction.

Seems silly to me to risk losing your CHL and being jailed or imprisioned because you are hard headed and want to carry an illegal knife or club.

[P01IC3M4N]

i would hook him up.

[lepdford]

There seem to be a few hardheaded people who believe that a CHL (concealed HANDGUN license) allows them to carry any weapon listed under Penal Code section 46.02.

They are wrong. If you read the rest of the non-applicabilities listed under 46.15 you will see that (b) 6 is the only one specifically listing a handgun as being exempt.

If you were exempt from all of 46.02, why would the law require you to be carrying your handgun before you could carry an illegal knife?

And as a CHL instructor, I can tell you the DPS position on 46.15. It only allows the carrying of handguns. DPS will arrest a CHL holder they find carrying an illegal knife or club.

My range has an instructor from the Dallas Sheriff's academy in every Saturday to help with our fingerprinting of CHL students. Acording to him, Dallas SO interprets the law the same as DPS, and DSO will arrest CHL holders they find carrying illegal knives or clubs.

We have MANY LEO's that come into our range. Since this issue has come up on several forums, I ask LEO's that come in. They will arrest a CHL holder they find carrying an illegal knife or club.

As an aside, the CHL tests your handgun profeciency. We do not test nor train in the use of illegal knives or clubs. It will be a slam dunk conviction for any CHL holder charged with carrying an illegal knife or club. We tell people in class that they are only allowed to carry handguns.

More power to em.

Agreed. If I catch them carrying an illegal knife...off to the pokey we go!

[alduro]

Thanks guys....that's how I read it. Next time I see him I will politely inform him of such.

[alduro]

One more question....my buddy wonder about this one. I would say this blade is iffy

http://www.camillusknives.com/1mainf...dex.shtml~main

he says it looks suspect. But it's not a bowie knife, not a dirk, not a dagger, but definantly a weapon...at least to me. I'm only refering to penal code here.

[alduro]

Sorry I just realized that the link sucks...it is the bottom knife ...the BECKER NECKER™ # BK11

[lepdford]

PC 46.01 Definitions

(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.

[alduro]

Thanks, I read the chapter 46 of the Penal Code entirely. It appears that there is a clear distiction between "illegal" knife and just "knife". Although the "knife" is defined as you have it, it doesn't seem to be prohibited.

This may be the only time I ever say this but in this regard....USC seems simpler

"(2) The term ''dangerous weapon'' means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length. "


Well that answers my questions....thanks guys.

[TX-LEO]

i would hook him up.

For? The knife blade is only 4.5 Inches... ??

[txinvestigator1]

For? The knife blade is only 4.5 Inches... ??

His post is in reference to someone carrying an illegal knife because they have a CHL. Threads read from Top to Bottom :D

[TX-LEO]

His post is in reference to someone carrying an illegal knife because they have a CHL. Threads read from Top to Bottom

:D I thought it was in refrence to the blade that was 4.5" in the link :p

[P01IC3M4N]

:D I thought it was in refrence to the blade that was 4.5" in the link :p

yea. i was responding to the illegal dagger.

you have to use common sense about knife blade lengths. do you know how many fishermen i could have hooked up for filet knives?