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
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- by Baytown
- Thu Aug 18, 2005 9:21 am
- Forum: Goals for 2007
- Topic: Change "Concealed Handgun" to "Concealed Weap
- Replies: 28
- Views: 24250
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