TexasCHLforum.com

I am trying to familiarize myself with some of the differences between Texas law and Ohio law regarding concealed carry, since I know when visiting Texas I need to follow Texas law.

Is the license in Texas for concealed handguns, only, or are you allowed to carry concealed weapons? In Ohio, it is a concealed handgun license only, and you could still face charges for carrying some other concealed deadly weapon, most commonly a tactical knife or a baton.

In Texas, I think I know that anyone - licensed or not - can carry loaded firearms (handguns and long guns) in a car. Correct? So looking at carry outside the car, I don't see how you could carry a rifle and keep it concealed. But what about other deadly weapons like knives, batons, nun-chucks, etc.?

Are switchblade, auto-open, and ballistic knives legal in Texas?

What we refer to loosely as Pistols only.

Concealed Handgun License.

CHL's are only for handguns here in Texas, but it's not that bad. Rifles and shotguns can be carried concealed without any sort of permit. Knives shorter than 5.5" that don't look like they came out of a ninja movie or were invented by Tom Clancy are generally good as well. Tasers aren't weapons at all in Texas unless you unlawfully attack someone with one. Switchblades aren't legal for carry, but what Texas calls a "switchblade" is much more narrow than almost any other state.

The two things I'd really like to change myself are 1) allowing open carry of handguns (preferably without a permit, but small steps are OK), and 2) removing the undefined "characteristic" bans on knives. I'd endure the length limit if it meant I could carry a fixed-blade tactical without needing to worry if it were a "dagger" all the time.

BTW you also can open carry a rifle or shotgun although if you go into a mall with one you might be charged with something like disturbing the piece. So while legal, you need to be where you actually carry one openly.

As noted, the license only covers handguns, not weapons generally.

You can legally carry longarms in you car, loaded or unloaded, regardless of handgun license status (as long as you are otherwise legal to have a firearm at all). There are some cities that have ordinances against this, but state law allows it and pre-empts city firearms law. Doesn't guarantee someone won't hassle you about it, given the right (or wrong) circumstances, but keeping it out of sight and generally behaving yourself should help avoid any problems like this.

We have had many discussions on this. You can find a list of the threads dealing with longarms here: FAQ: Taking your Long Arm in your Car, Truck, or...

Texas law regarding knives, clubs etc is a bit odd (in my view, anyway). Some of what you list are considered "Prohibited Weapons." Here is one section of the law on them:

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.

This is somewhat misleading, in that machine guns, short-barreled rifles, and silencers can in fact be possessed, carried etc, if you have the proper federal paperwork for them. Also other parts of the law allow small amounts of pepper spray but larger amounts are restricted to LE. The exact amount is subject to some dispute.

Knives with blades over 5.5 inches long are considered "illegal knives." You can legally possess them, but not generally carry them about. Some cities, like San Antonio, restrict locking knives with blades UNDER 5.5 inches long. State law does not preempt knife laws. However, again, concealed is concealed. You can read the entire Weapons statute here: http://www.statutes.legis.state.tx.us/D ... .htm#46.01" onclick="window.open(this.href);return false;

Actual switchblades are illegal to carry. Assisted opening knives are legal. There was some fuss in the courts about this, and I believe the legislature solved this, but I can't put my finger on it right now.

Here is a link to the Department of Public Safety's pamphlet on CHL and related laws (like weapons law). You should find this handy.
http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf" onclick="window.open(this.href);return false;

In particular, study the law on where CHL carry is prohibited. There are many threads on this here if you want to get in depth -- search on "30.06" and "51%" should get you most of it.

Basically, keep your weaponry concealed and behave yourself, and you should have no problems. Enjoy your trip!

elb.

p.s. the usual caveat --- I am not a lawyer, and do not keep bail money handy if you act on my post and it turns out to be a bad idea.

We can conceal rifles and shotguns? I presume you mean by carrying them in a bag or some such. I honestly don't know, but I seriously doubt that it is legal to hide a rifle or shotgun under the clothing that you are wearing.

Purplehood wrote:We can conceal rifles and shotguns? I presume you mean by carrying them in a bag or some such. I honestly don't know, but I seriously doubt that it is legal to hide a rifle or shotgun under the clothing that you are wearing.

It is legal as long as you don't fall afoul of 46.03 Places Where Weapons Prohibited... So you can walk down the sidewalk with your shotgun under your "duster" long coat "a la" Outlaw Josey Wales.

ELB wrote:As noted, the license only covers handguns, not weapons generally.

Actually, we've had some discussions regarding this. A CHL Grants you exception to 46.02 in it's entirety, when you are carrying.

§ 46.15. NONAPPLICABILITY.
...
(b) Section 46.02 does not apply to a person who:
...
(2) is traveling; <-- Had to throw this in, as it is one of our FAVORITE non-defined terms in the statutes.
...
(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;

So it appears, from the plain text of the statute, that if you have a CHL, and are carrying a handgun, then you are exempt from the entirety of 46.02, which includes all illegal knives, clubs, knuckles, etc etc, and this covers both Open, and Concealed.

Dunno how that would fly in court, but I know that at least one of our forum Current/Former LEOs has mentioned in other threads that this is how he has read this section as well. I think it was srothstein, but I'm not sure, and can't find it via search quick enough.

EDIT: My argument for the above is that every other exemption in 46.15 is a 'status' exemption from all of 46.02, not a specific item exemption. It says others are exempt from 46.02 and 46.03 based on a certain qualifying status, like being a security officer in execution of their duties, or being a LEO. As such, it does not apply to any particular/indivudual weapon that they or you are carrying, but rather your status at the time. Carrying under CHL and in possession of a handgun is a 'status' that qualifies you for an exemption of all of 46.02. Either the person as a whole is exempt from it due to meeting qualifying factors, or they are not. It is not an 'item by item' exemption anywhere in that statute.

If it were a 'item' exemption for the handgun only of a CHL, it would have to say something like "(b) Section 46.02 does not apply to a handgun, carried by a person who:". Instead, it specifies that it does not apply to the whole person.

Was that the intent of the legislature? I doubt it. I see it as an unintended result based on how they worded the statute.

denwego wrote:Knives shorter than 5.5" that don't look like they came out of a ninja movie or were invented by Tom Clancy are generally good as well.

ELB wrote:Knives with blades over 5.5 inches long are considered "illegal knives." You can legally possess them, but not generally carry them about. Some cities, like San Antonio, restrict locking knives with blades UNDER 5.5 inches long. State law does not preempt knife laws.

Well I am glad to see that there is a concrete standard -- it is easy to choose a knife less than 5.5 inches for EDC.

The law in Ohio bugs me because it is entirely subjective. It is illegal to carry a concealed "Deadly Weapon", which is defined as "means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon."

That leads to oddball situations where you and I both possess the same knife. When stopped and asked by an LEO if I have any weapons, I reply, "I only have this cutting tool". You reply, "I only have this knife for self protection". You have just admitted to "possessed, carried, ... as a weapon." Ohio also does not have statewide preemption for knives, so you can encounter weird city restrictions.

denwego wrote:The two things I'd really like to change myself are 1) allowing open carry of handguns (preferably without a permit, but small steps are OK),. . .

I appreciate being able to open carry both handguns and long guns in Ohio, and I open carry regularly -- especially when it is hot. A large number of us open carried handguns, AR's, AK's, and all sorts of rifles on the Ohio Statehouse lawn last summer during the 2nd Amendment March. That is one thing I will miss in Texas.

dicion wrote:

ELB wrote:As noted, the license only covers handguns, not weapons generally.

Actually, we've had some discussions regarding this. A CHL Grants you exception to 46.02 in it's entirety, when you are carrying.

I had forgotten about that, but I think that is because I have dismissed it as "probably true according to a strict reading of the law, but not in real life." Just like it is supposed to be clear that private entities cannot ban CHL carry on public property they have leased or rented, but they do and they enforce it, some times with LEOs, and none of them have ever been legally called on it, so in real life, the law is CHL carry can be banned on state or local government property by private lessees or renters. Follow all that?

ELB wrote: I had forgotten about that, but I think that is because I have dismissed it as "probably true according to a strict reading of the law, but not in real life." Just like it is supposed to be clear that private entities cannot ban CHL carry on public property they have leased or rented, but they do and they enforce it, some times with LEOs, and none of them have ever been legally called on it, so in real life, the law is CHL carry can be banned on state or local government property by private lessees or renters. Follow all that?

Oh, I understand. And I'll get right on setting case law, right after I win the 250 Million Dollar Powerball