Search found 10 matches

by txinvestigator
Sun Jan 22, 2006 11:10 pm
Forum: Goals for 2007
Topic: Change "Concealed Handgun" to "Concealed Weap
Replies: 28
Views: 24247

ShootNMove wrote:Despite learning the red, yellow, and green areas, there ISN'T that much left to learn with the ASP.

Besides that, why would you want to carry an ASP if you already have your CHL? Usually (especially overseas), the military will not issue OC or ASPs, even if the personnel are qualified to use them. Why? It makes the escalation of force a lot easier on the armed watchstanders. I wouldn't want to go to court to explain why I shot someone when I had a club that may have neutralized the threat w/o killing him.

IMHO, knives have other uses besides defending yourself against BGs.
If you are legally justified in using deadly there is no responsibilty to use less-lethal tools.

Strikng a person with a club, unless you have specific training, is going to be deadly force also.
by txinvestigator
Thu Aug 18, 2005 10:23 am
Forum: Goals for 2007
Topic: Change "Concealed Handgun" to "Concealed Weap
Replies: 28
Views: 24247

Baytown wrote:I think someone should read 46.05. (I know it does not apply to ASPs, and "illegal" knives.) There is not a non-applicability clause to this one. The defense to prosecutions are listed below it.

Note that LEO's exemption does not even apply to 46.05. We can carry under the defense to prosecution, but that can be a hassle.

Now, I have seen a lot of chest thumping on this thread about law suits, official oppression, etc... I can assure you in Harris Co, if an LEO wanted to jam you up for 46.05 when you have a switchblade knife, etc, you will go to jail.

The officer will not be in trouble, you can attempt to sue, but the arrest was in good faith, and he will be covered. He will not be charged with a crime.

I can speak for myself and say, I would probably not care, unless a guy wants to be a jackass and try and prove a point. I am an easy going guy, but I have my limits. If I try and explain to him he should probably leave his switchblade knife at home, and he keeps wanting to go on about a right that does not exist, he might go to jail.

While we are on the topic, has there been any thought to getting training for the OC, ASP, Taser, etc... There is more to carrying a baton than just whacking the crap out of someone.

(All right, let the flaming begin I guess.)

Glenn
All good points. I tell all of my students that if they choose to carry OC, (and I stress that they should) that OC certification is really a good idea.
by txinvestigator
Mon Aug 15, 2005 1:21 pm
Forum: Goals for 2007
Topic: Change "Concealed Handgun" to "Concealed Weap
Replies: 28
Views: 24247

Re: Change "Concealed Handgun" to "Concealed

Renegade wrote:
txinvestigator wrote: You license to called a Concealed Handgun License, not concealed weapons license.
So by that logic is it illegal to carry more than one handgun? After all it is not a Concealed Handgun(s) License?
Now you are just being silly.

And I oppose the notion your BIL claims regarding enforcing the law, as I bet most cops do.

Name calling in such a reaction causes me to question several things.

You can go on and on all you want, and please feel free to carry whatever you want, as I don't care. I won't arrest you. But if you do decide to challange the Deputy this weekend PLEASE get me first.

I'll buy you a cup of coffeee beforehand. ;)
by txinvestigator
Mon Aug 15, 2005 11:03 am
Forum: Goals for 2007
Topic: Change "Concealed Handgun" to "Concealed Weap
Replies: 28
Views: 24247

stevie_d_64 wrote:This reminds me of that discussion and poll of "what else we carry" just recently...

Almost makes me think about only carrying the weapon, one extra magazine, and my cell phone...Thats it...No knife, "spray" or any other defensive item or substance...
Are you meaning you are thinking you should carry other defensive items, or should not?
by txinvestigator
Mon Aug 15, 2005 11:02 am
Forum: Goals for 2007
Topic: Change "Concealed Handgun" to "Concealed Weap
Replies: 28
Views: 24247

Re: Change "Concealed Handgun" to "Concealed

Renegade wrote:
txinvestigator wrote:

His supervisor is the Dallas County Sheriff, and it is policy. IMO, the law is clear, and only handguns are allowed under the CHL laws.
My brother-in-law is a Dallas County Deputy and he is not aware of any such policy. He is aware of the law though, and as you say the law is clear (actually crystal clear), unfortunate so many LEOs can't read it:

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.

§ 46.15. NONAPPLICABILITY. (b) Section 46.02 does not apply to a person who:
6) 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;


46.02 does not apply. I do not commits an offense if I intentionally, knowingly, or recklessly carries on or about my person a handgun (required by 46.15), illegal knife, or club.
Maybe your BIL should review policy. :lol: J/K.

See Charles' post above, and also look at this;

The other exceptions in 46.15 NEVER mention handgun in the exception. Only the CHL exception does. Why would the legislature require you to have your handgun with you to be able to carry an illegal knife or club, if in fact your CHL allowed you to carry an illegal knife or club?

46.15 (b) (6) is the ONLY one specifying a handgun.

You license to called a Concealed Handgun License, not concealed weapons license.
by txinvestigator
Mon Aug 15, 2005 9:33 am
Forum: Goals for 2007
Topic: Change "Concealed Handgun" to "Concealed Weap
Replies: 28
Views: 24247

Re: CWL

USMC-COL wrote: Changing the law on printing as long there is no "obviously intentional flashing" would also be nice.
Texas does not have a printing law. It states that you commit a violation if you "intentionally fail to conceal".


Texas Penal Code
§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 Subchapter H, Chapter 411, Government Code, and
intentionally fails to conceal the handgun.
by txinvestigator
Mon Aug 15, 2005 9:30 am
Forum: Goals for 2007
Topic: Change "Concealed Handgun" to "Concealed Weap
Replies: 28
Views: 24247

Re: Change "Concealed Handgun" to "Concealed

Renegade wrote:
txinvestigator wrote: Hey fifty, I am not a cop anymore. and if a LEO makes an arrest with good faith he is not going to be charged with any of thise things.

I don't care, as I don't carry a club or illegal knife.

I can tell you that just this morning In my CHL class (on lunch now) a Dallas County Deputy from the academy told us that they WILL arrest a CHL holder who is carrying a club or illegal knife.
I'd call bull on him right there and inform I have such a knife. In fact, I am taking my renewal next week and I will make it a point to carry said knife.

Just because the land is filled with cops who cannot read or do not want to learn the law, does not mean I am going to runaway like scared chicken and give up my rights under the law. When you think of the sacrifices young soldiers are making to protect our rights over in Afghan/Iraq, being saddled with an illegal arrest is nothing. I will gladly step up to the plate. This one is so easy the LEO will be lucky to not go to jail, and I will get 6 figure settlement without even trying. My guess though is his supervisor will be smart enough to be able to read the law and nothing will happen, other than a short detainment.
His supervisor is the Dallas County Sheriff, and it is policy. IMO, the law is clear, and only handguns are allowed under the CHL laws.

Do whatever you want though. Are you coming to our range? If so, please tell me what time you plan on making your stand, I will be teaching the guards and in another part of the building. I would love to see your experiment.
by txinvestigator
Sat Aug 13, 2005 12:21 pm
Forum: Goals for 2007
Topic: Change "Concealed Handgun" to "Concealed Weap
Replies: 28
Views: 24247

Re: Change "Concealed Handgun" to "Concealed

fiftycal wrote:
txinvestigator wrote:
dolanp wrote:
fiftycal wrote:Currently you can carry an "illegal knive" or club with you if you have a CHL and are carrying a handgun. You can carry a "sawed off shotgun" if it is registered under NFA.
Technically the law does indicate this is true the way it is written, however this is a very legally 'iffy' idea. I would not recommend trying it out.
I know we have had this discussion before, so I will just say this; Every LEO I know will arrest a CHL holder for UCW if they discover an illegal knife or club on or about that CHL holders person.

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What is going to be the charge? "Unlawfully carrying a weapon lawfully"? Since 46.02 "does not apply" to someone with a handgun and a CHL what are you going to charge them with?

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Right or wrong, how much will it cost to defend yourself in court?
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And what is going to cost a LEO to defend against a Federal civil rights trial, an illegal arrest and a charge of official oppression? Or do you think the cop shop will pay for it?
Hey fifty, I am not a cop anymore. and if a LEO makes an arrest with good faith he is not going to be charged with any of thise things.

I don't care, as I don't carry a club or illegal knife.

I can tell you that just this morning In my CHL class (on lunch now) a Dallas County Deputy from the academy told us that they WILL arrest a CHL holder who is carrying a club or illegal knife.
by txinvestigator
Fri Aug 12, 2005 10:46 am
Forum: Goals for 2007
Topic: Change "Concealed Handgun" to "Concealed Weap
Replies: 28
Views: 24247

Re: Change "Concealed Handgun" to "Concealed

dolanp wrote:
fiftycal wrote:Currently you can carry an "illegal knive" or club with you if you have a CHL and are carrying a handgun. You can carry a "sawed off shotgun" if it is registered under NFA.
Technically the law does indicate this is true the way it is written, however this is a very legally 'iffy' idea. I would not recommend trying it out.
I know we have had this discussion before, so I will just say this; Every LEO I know will arrest a CHL holder for UCW if they discover an illegal knife or club on or about that CHL holders person.

Right or wrong, how much will it cost to defend yourself in court?

There are plenty of other weapons that one can carry to avoid arrest.
by txinvestigator
Sat Aug 06, 2005 2:52 pm
Forum: Goals for 2007
Topic: Change "Concealed Handgun" to "Concealed Weap
Replies: 28
Views: 24247

Re: Change "Concealed Handgun" to "Concealed

mr fixit wrote:How 'bout if we try to open up the options. It would be nice to have the option of a knife, or stun gun, or mace, or even a sawed off shotgun.
I think Florida is like that; if you can conceal it, you can carry it.

Just a thought.
Texas does not currently prohibit the carry of pepper spray, tasers, etc.

A knife that is not an "illegal knife" or switchblade can be carried too.

Shotguns and rifles that meet the barrel and overall length requirements can be carried too.

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