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by Jumping Frog
Sun May 26, 2013 9:54 am
Forum: General Texas CHL Discussion
Topic: Collapsible Baton-Legal to Carry in Texas
Replies: 94
Views: 78605

Re: Collapsible Baton-Legal to Carry in Texas

Carry-a-Kimber wrote:Pretty sure that exemption is ONLY making it legal for CHL holders to carry a concealed handgun.
I understand some people have that belief, but that isn't what the letter of the law says. This has been discussed before in these forums.

There is a test case in Austin right now by a guy who chose to walk into the Capitol with an otherwise illegal knife, a handgun, and his CHL. He wanted to be a test case and he got his wish. I'll be interested in seeing the outcome. :tiphat:
by Jumping Frog
Sun May 26, 2013 5:59 am
Forum: General Texas CHL Discussion
Topic: Collapsible Baton-Legal to Carry in Texas
Replies: 94
Views: 78605

Re: Collapsible Baton-Legal to Carry in Texas

It appears to me that clubs fall under the same exception as knives for CHL holders. If you are carrying a concealed handgun and valid license, you are exempted from UCW, including knives and clubs. Of course, if you are engaging in a deliberate challenge to the law or engaging in behavior that an LEO concludes "needs arrestin'", then it is probable that you'll get arrested anyway and then have to have it settled in court.

Anyway, here is where it is made illegal:
Sec. 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 . . .
Here is where does not apply.
Sec. 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 Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;

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