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Renegade

#16

Post by Renegade »

Given this portion of the Penal Code:

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

(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is directly en route between the premises and the
actor's residence, if the weapon is a type commonly used in the
activity;


If one is directly en route between the premises (say a knife show) and the actor's residence, and is carrying on or about their person a illegal knife, handgun and club, are they in violation of 46.02?

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txinvestigator
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#17

Post by txinvestigator »

Renegade wrote:Given this portion of the Penal Code:

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

(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is directly en route between the premises and the
actor's residence, if the weapon is a type commonly used in the
activity;


If one is directly en route between the premises (say a knife show) and the actor's residence, and is carrying on or about their person a illegal knife, handgun and club, are they in violation of 46.02?
I am not sure I follow the question.

If one was returning from a knife show and carrying a club, the person would still be in violation. Same with a gun.

However, even if one had an illegal knife and was traveling to the knife show, there is the problem that a LEO would not have any way of knowing you were traveling to a knife show. My advice then would be to secure the knife in a place that would not be "on or about your person".

Are you a knife collector?

Renegade

#18

Post by Renegade »

txinvestigator wrote:
Renegade wrote:Given this portion of the Penal Code:

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

(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is directly en route between the premises and the
actor's residence, if the weapon is a type commonly used in the
activity;


If one is directly en route between the premises (say a knife show) and the actor's residence, and is carrying on or about their person a illegal knife, handgun and club, are they in violation of 46.02?
I am not sure I follow the question.

If one was returning from a knife show and carrying a club, the person would still be in violation. Same with a gun.

However, even if one had an illegal knife and was traveling to the knife show, there is the problem that a LEO would not have any way of knowing you were traveling to a knife show. My advice then would be to secure the knife in a place that would not be "on or about your person".

Are you a knife collector?
I am just curious how people see the laws under 46.15. As already stated on other forum, laws for CHLs who are judges are much different.

I am not a knife or club person, I do have 3.5 inch Benchmade for opening UPS packages, etc.
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