mr surveyor wrote:just an honest question.... do you happen to work for a mall?
You first, where do you work, what do you do? Let's get to know each other....
Seriously, I'm a nobody sr corporate drone who provides for my family. I don't have a jacket that reads "Security" in my wardrobe and don't work holidays and am paid the same even if I bust my butt doing overtime or not.
Last edited by matefrio on Tue Nov 22, 2011 1:14 am, edited 1 time in total.
TheMilkMan wrote:Perhaps this will get a negative response, but that section you copied in the OP reads that the exception lies in having the correct license for the weapon being carried. The only license you will get is a SA or NSA license so you can carry a Semi or Wheel (or both, or 5 of each). This exempts you from the restriction on handguns, not any illegal weapon. The H in CHL stands for Handgun.
Not trying to be rude and correct me if I'm wrong... (with further facts preferably to back it up )
And the C stands for Concealed. I'm clearly exempt though per state law. You may check, as I have, with a lawyer if you wish.
If you don't mind answering:
Which lawyer did you ask?
And did he clarify the meaning of "to carry a concealed handgun of the same category as the handgun the person is carrying" and/or what does it mean to you?
- I'm all for this, I'm just still unsure of what that one line is trying to clarify.
TheMilkMan wrote:Perhaps this will get a negative response, but that section you copied in the OP reads that the exception lies in having the correct license for the weapon being carried. The only license you will get is a SA or NSA license so you can carry a Semi or Wheel (or both, or 5 of each). This exempts you from the restriction on handguns, not any illegal weapon. The H in CHL stands for Handgun.
Not trying to be rude and correct me if I'm wrong... (with further facts preferably to back it up )
And the C stands for Concealed. I'm clearly exempt though per state law. You may check, as I have, with a lawyer if you wish.
If you don't mind answering:
Which lawyer did you ask?
And did he clarify the meaning of "to carry a concealed handgun of the same category as the handgun the person is carrying" and/or what does it mean to you?
- I'm all for this, I'm just still unsure of what that one line is trying to clarify.
If you qualified with a revolver for your CHL you can't carry a simi auto and be exempt. If you qualify with a simi auto you may have a revolver or pistol and qualify for the exemption.
As far as the name of any lawyers:
I'm not handing out legal advice, even second hand, or giving you a name to pester just to get the same answer I did. I don't want to sound like an foot in this regard but it's best you consult your own lawyer for any legal advice you may need.
TheMilkMan wrote:Perhaps this will get a negative response, but that section you copied in the OP reads that the exception lies in having the correct license for the weapon being carried. The only license you will get is a SA or NSA license so you can carry a Semi or Wheel (or both, or 5 of each). This exempts you from the restriction on handguns, not any illegal weapon. The H in CHL stands for Handgun.
Not trying to be rude and correct me if I'm wrong... (with further facts preferably to back it up )
And the C stands for Concealed. I'm clearly exempt though per state law. You may check, as I have, with a lawyer if you wish.
If you don't mind answering:
Which lawyer did you ask?
And did he clarify the meaning of "to carry a concealed handgun of the same category as the handgun the person is carrying" and/or what does it mean to you?
- I'm all for this, I'm just still unsure of what that one line is trying to clarify.
If you qualified with a revolver for your CHL you can't carry a simi auto and be exempt. If you qualify with a simi auto you may have a revolver or pistol and qualify for the exemption.
As far as the name of any lawyers:
I'm not handing out legal advice, even second hand, or giving you a name to pester just to get the same answer I did. I don't want to sound like an foot in this regard but it's best you consult your own lawyer for any legal advice you may need.
Interesting. I get confused, as it says, to carry a handgun of the same category as the *person is carrying*. Wouldn't that always be true?
On the lawyer name I understand. Honestly, I had no interest in contacting them, just what kind of lawyer they were. I would definitely speak to a different lawyer as well. I'm not going to waste money or time having him give me the same answer he gave you. I'm just exploring its validity.
TheMilkMan wrote:Perhaps this will get a negative response, but that section you copied in the OP reads that the exception lies in having the correct license for the weapon being carried. The only license you will get is a SA or NSA license so you can carry a Semi or Wheel (or both, or 5 of each). This exempts you from the restriction on handguns, not any illegal weapon. The H in CHL stands for Handgun.
Not trying to be rude and correct me if I'm wrong... (with further facts preferably to back it up )
And the C stands for Concealed. I'm clearly exempt though per state law. You may check, as I have, with a lawyer if you wish.
If you don't mind answering:
Which lawyer did you ask?
And did he clarify the meaning of "to carry a concealed handgun of the same category as the handgun the person is carrying" and/or what does it mean to you?
- I'm all for this, I'm just still unsure of what that one line is trying to clarify.
If you qualified with a revolver for your CHL you can't carry a simi auto and be exempt. If you qualify with a simi auto you may have a revolver or pistol and qualify for the exemption.
As far as the name of any lawyers:
I'm not handing out legal advice, even second hand, or giving you a name to pester just to get the same answer I did. I don't want to sound like an foot in this regard but it's best you consult your own lawyer for any legal advice you may need.
Interesting. I get confused, as it says, to carry a handgun of the same category as the *person is carrying*. Wouldn't that always be true?
On the lawyer name I understand. Honestly, I had no interest in contacting them, just what kind of lawyer they were. I would definitely speak to a different lawyer as well. I'm not going to waste money or time having him give me the same answer he gave you. I'm just exploring its validity.
Keep on keepin on though :) I think its awesome
*edit for typos*
It's hard to read and get what's going on without the full context and explain using more energy than I have tonight. I'm sure someone here will explain more thoroughly than I can.
matefrio wrote:
Being
Sec. 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to:
(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;
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
Reading again I see that it can be interpenetrated to say that if you have a licensed gun on your and have your license on you, you can have a knife on you as well. It doesn't say "has the capacity to legally carry" it says "is carrying". So I suppose it is arguable that if you have a concealed handgun on you and a CHL you are good to go to throw on that big ol knife. That is less than clear in its intentions, and could use a revision to clearly define its purpose.
Anywho, aforementioned claim of illegality retracted due to lake of evidence. I wouldn't be surprised if a cop feels that this statute doesn't provide exemption however.
Interesting... I've never thought of it that way before.
3dfxMM wrote:Giga04, All that training and the ability to legally carry your handgun anywhere you wish didn't do you one bit of good last night, did it? :)
I use tonight liberally - I was referring to Tuesday night, so it is still coming. I'm doing a 10 hr off duty stint at the hospital tonight.
Opportunity is missed by most people because it is dressed in overalls and looks like work. - Thomas Edison
3dfxMM wrote:Giga04, All that training and the ability to legally carry your handgun anywhere you wish didn't do you one bit of good last night, did it? :)
I use tonight liberally - I was referring to Tuesday night, so it is still coming. I'm doing a 10 hr off duty stint at the hospital tonight.
Must be a cop thing, I once got pulled over on the way to work at 3am and was asked if I "had anything to drink tonight?" I really didn't know how to answer as"tonight " was some 16 hours in the future.
Thomas wrote:. I've never thought of it that way before.
And likely the LEO one will encounter after some ninny sees a 1.5ft long knife and makes a"panicked" call to 911 will not either. .. Nor will that LEO be much interested in a legal debate on how YOU interpret the law, vs how he does at said mall or wally world encounter.... If he's not feeling threatened, nor that your nature and intent is malicious, it may suffice to see you remove the knife and place in the trunk of your vehicle.. or he may relieve you of it, and you get to invite your favorite lawyer to a meeting with a judge at some point later on.. and have said legal debate. At which time, a judge will pass judgment based on what he THINKS the law meant, or if your really lucky what he thinks the law states, which could still not be what the righteous knife carrier thinks it does.
Nothing wrong with going the way you feel about what you think the law states.. Just don't be surprised if others with the authority to deny you liberty or separate you from money differ in opinion.
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chuckybrown wrote:B.O.W.I.E.: Good luck with this.
GigAg: Let's say you see this gent in the buffet line. Would he be awarded a shiny pair of bracelets?
Who knows.
I do believe that changing behavior to take advantage of a technicality in the penal code which goes against legislative intent is a risky proposition. If your elected officials wanted you carrying such knives around, they would articulate so at least somewhat better.
I'm not against a knife carry law, but as of right now I think folks doing so are playing with blackjack odds.
Opportunity is missed by most people because it is dressed in overalls and looks like work. - Thomas Edison