KBCraig wrote:I won't argue the point either, but just for Crosswind's edification, the reason there is disagreement is because the law plainly says clubs and illegal knives are exempt by CHL and 46.02, but it's also pretty clear that was not the law's intent.txinvestigator wrote:There are some who believe that the section of the law that makes 46.02 not apply to CHL holders, applies to ALL of 46.02, meaning that if you have a CHL and are carrying a handgun that you can also legally carry an illegal knife or club.
I disagree. We could spend hours debating why, but there are threads where it is already done.
No need to repeat the argument, but the law's wording causes the confusion.
The law's wording certainly could stand to be clarified. The problem for a person who believes that a CHL exempts them from all of PC46.02 is that they could end up being an experimental case for the courts at their expense.
It is perfectly reasonable for a peace officer to arrest a person who is carrying a weapon that the law clearly defines as an "illegal knife" with the officer's reasoning being that the CHL states that the holder may carry "any handgun" and that the knife is defined as "illegal". It is also perfectly reasonable for the arrested person's attorney to claim defense based on the ambiguous wording of the law.
How many juries are going to look past the fact that your defense is that a technicality allows you to carry a weapon that the law specifically designates as "illegal"?
In the meantime the CHL holder goes to jail, pays to bond out, has his weapons impounded, loses his CHL, pays for an attorney, etc...just to roll the dice with a judge or jury. A judge might hold that the intent of the law is to allow CHL holders to carry handguns and find the person guilty. Even if the person is acquitted they are seriously inconvenienced and out a lot of money. So they could carry a particular knife.
If you have a licence to carry a concealed handgun, and most knives are already legal to carry anyway, what possible use could you have for carrying an "illegal knife"?
The state always needs test cases to force the legislature to clarify the law, but I wouldn't advise anyone I know to be one of those cases.