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by PATHFINDER
Thu Sep 15, 2011 9:45 am
Forum: General Texas CHL Discussion
Topic: Texas Knife Laws - New Info
Replies: 78
Views: 26619

Re: Texas Knife Laws - New Info

Endeavoring to construct "perfectly" worded statutes in any language - let alone English - is a kin to chasing air bubbles around a waterbed.

Consider Section 46.035(a) - intentional failure to conceal a handgun by a licensee . A person may lawfully carry an AK , and an AR openly strung over each shoulder- but may not intentionally fail to conceal a holstered 1911 AT THE SAME TIME. Makes no sense whatsoever. The Legislature simply did not consider such a scenario when constructing 46.035(a). The focus of attention was the invisioned scenario of a CHL holder intentionally displaying his/her armed condition in public (I believe) in a "threatening" manner- which can involve a very subjective question of fact. It was determined by the Legislature to require concealment by licensees rather than leave the "barn door" open to a stampede of 42.01 (a)(8) complaints (disorderly conduct - display of deadly weapon in public in a manner calculated to cause alarm).

Although it fails the common sense test to allow a licensee to carry a handgun in lawful defense - but not a "Bowie Knife"-
SPECIFICITY ( CHL & HANDGUN) RULES OUT GENERALITY .

At least that's my take .

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