Denied Rigth To Vote...For Carrying Pocket Knife

[jmra]

A few years back, I walked into the Smith Co. Courthouse with one of those little multi things that has the clippers, scissors and nailfile in it. They told me I needed to take it back to my vehicle...lol

Weapon of mass destruction.

[Deltaboy]

I don't see how a cell phone with a camera can be banned from a building, from a courtROOM sure, but not from the building itself. that's simply nuts.

Judges have wide latitude to control their courtrooms. They can throw out cameras. They can throw out people.

Frankly I want a courthouse with incredible security. Any court with criminal proceedings, or far worse family proceedings, is a potential warzone with emotion driving.[/quote

A judge can ban people for wearing something they don't like, so you don't think they can ban pocket knifes? Go ahead and take that to the Supreme Court.

Judges ,DA' s and such can get CHL and don't have to follow the rules we do. It makes me sick to see elected officials getting such privileges.

[Cedar Park Dad]

I don't see how a cell phone with a camera can be banned from a building, from a courtROOM sure, but not from the building itself. that's simply nuts.

Judges have wide latitude to control their courtrooms. They can throw out cameras. They can throw out people.

Frankly I want a courthouse with incredible security. Any court with criminal proceedings, or far worse family proceedings, is a potential warzone with emotion driving.[/quote

A judge can ban people for wearing something they don't like, so you don't think they can ban pocket knifes? Go ahead and take that to the Supreme Court.

Judges ,DA' s and such can get CHL and don't have to follow the rules we do. It makes me sick to see elected officials getting such privileges.

No disagreement there.

[amtank]

Yes I know this is an old thread.

Does the knife preemption change the longstanding answer to this question? My reading of 905, which went into effect 9/1/15, would appear that a City cannot regulate a knife except in its specific exemptions and that a county cannot but it doesn't have the list of exemptions like municipalities?

[JayStation3]

I was almost pinned to a wall at the VA hospital because I had went in with my 4 inch kershaw clipped in my pocket. My mother was there recovering from a 13 hour surgery. I had been in and out of the hospital 1000 times and no one ever said a thing. my mom was there for 4 months. Well one day, I was walking with a friend and my wife and sister. We were passing the mess hall and were walking toward the purple elevators. Out of no where this cocky little VA cop grabs me and pushes me against the wall and grabs my knife out of my pocket. Gave me a hard time. I was able to get my knife back and take it to my vehicle but as soon as I walked back in - I made a complaint because of how that officer acted. I received an apology and all was fine after.

[KHickam]

Hmmm - I have been doing illegal things in Texas for years then.

Not only do I carry a knife with a blade longer than 5 1/2 inches (it is a I Wilson butcher knife) that I carry when I am recreating the Mountain Man era, I also carry a tomahawk in my waist belt sometimes to cut stakes and stuff when I am beaver trapping - and we often throw tomahawks and knives at rendezvous in competition - seems this is a crazy archaic law?

[baldeagle]

It seems pretty clear to me.

(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

Your knife is capable of inflicting serious bodily injury and death. One slice of the blade on somebody's jugular would be fatal. Therefore you cannot take it into a voting place, per the law.

[jmorris]

Hmmm - I have been doing illegal things in Texas for years then.

Not only do I carry a knife with a blade longer than 5 1/2 inches (it is a I Wilson butcher knife) that I carry when I am recreating the Mountain Man era, I also carry a tomahawk in my waist belt sometimes to cut stakes and stuff when I am beaver trapping - and we often throw tomahawks and knives at rendezvous in competition - seems this is a crazy archaic law?

Probably covered as a reenactment but IANAL.

[Jusme]

Hmmm - I have been doing illegal things in Texas for years then.

Not only do I carry a knife with a blade longer than 5 1/2 inches (it is a I Wilson butcher knife) that I carry when I am recreating the Mountain Man era, I also carry a tomahawk in my waist belt sometimes to cut stakes and stuff when I am beaver trapping - and we often throw tomahawks and knives at rendezvous in competition - seems this is a crazy archaic law?

Those would be covered under any activity that those items would be normally used, hunting, camping, or re-enactments. Also allowed while traveling to and from those events. But not advisable for walking down the sidewalk while running errands.

[treadlightly]

It seems pretty clear to me.

(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

Your knife is capable of inflicting serious bodily injury and death. One slice of the blade on somebody's jugular would be fatal. Therefore you cannot take it into a voting place, per the law.

Grampa should leave his dentures in a locked safe in his hover-round.

If knives are forbidden in voting places, it's unlikely I've ever voted legally. I'm very sorry, sort of.

[gljjt]

The pocket knife referenced in the OP is not a prohinited weapon, nor were they saying it was prohibited under law to carry it there. It is their rule, and they are free to enforce it.

The courthouse ban on knives has nothing with the legality of the knife. They just don't allow them.

To clarify, the deputies specifically said that under Texas Penal Code my knife was not allowed to be carried into the building. They also referred to a sign banning weapons "according to Texas Penal Code".

Plus, they can't have a rule to simply "not allow" something. It is a public building, if it not specifically illegal then it's considered legal. That is how our laws are written. My particular knife is defined in the law, but that same knife is not listed as a prohibited weapon. Therefore it is not prohibited.

I don't see your knife as prohibited either, you should file a complaint.

Can you take a motorcycle in the building. No law against it?

[loktite]

I think I'll just ride my horse on in to vote!

[Bayoutalker]

(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.


Sec. 46.03. PLACES WEAPONS PROHIBITED.
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;

A knife is defined as a weapon. Weapons are not allowed in a polling place or courthouse, you were entering both.

As to how a person would know, the same way that you and I now know it, we tried it once.

[E.Marquez]

so far no one has explained why a camera phone would or should be banned from a court HOUSE. I totally understand a judge banning it from a court ROOM, ie: family court, juvi court ect....all of those have to do with a ROOM, nothing to do with the court HOUSE....there are other things that happen in a court HOUSE, business papers are filed, people are married, ect....maybe I NEED something that is stored on my phone while I am filling out that paper.

Ask yourself where the guarded entry point is that would be checking for the prohibited item....
It's banned at the ONLY guarded inspection point...the building entrance. Likely the Judge could care less if you take a pic of the water fountain in the hallway.. but his security chief has told him if the judge wants an item forbidden in an interior room of the building, then the limit of ingress with that item will be the manned and guarded entry point.
Having planned and executed security plans for many like situations for events from Host nation police pay days to high value US political persons...for visits in both US and Hostile countries, .... Im pretty sure its as simply as....that.

[ScottDLS]

(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.


Sec. 46.03. PLACES WEAPONS PROHIBITED.
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;

A knife is defined as a weapon. Weapons are not allowed in a polling place or courthouse, you were entering both.

As to how a person would know, the same way that you and I now know it, we tried it once.

Weapons are defined in PC 46.01 and common pocket knives are not weapons, so there is no law prohibiting you from carrying them in a courthouse.