HB3884
Posted: Fri May 15, 2015 12:09 pm
Removing "illegal knives" from 46.02 passed to engrossment.
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I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
You are correct mr1337:mr1337 wrote:I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
It only preempts "knife" as defined in 46.01, which is distinct from "location prohibited knives". It only preempts currently state-legal knives, not "illegal knives" or if hb3884 passes, "location prohibited knives".mr1337 wrote:I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
Good catch, I didn't see that part of the bill. I withdraw previous statement.CJD wrote:It only preempts "knife" as defined in 46.01, which is distinct from "location prohibited knives". It only preempts currently state-legal knives, not "illegal knives" or if hb3884 passes, "location prohibited knives".mr1337 wrote:I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
Don't forget throwing stars, daggers, swords, and spears too!mr1337 wrote:So localities would still be able to create ordinances on knives over 5.5 inches in blade lengthCJD wrote:It only preempts "knife" as defined in 46.01, which is distinct from "location prohibited knives". It only preempts currently state-legal knives, not "illegal knives" or if hb3884 passes, "location prohibited knives".mr1337 wrote:I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
Just as the definition of "knife" currently includes an "illegal knife," it would (under HB 3884) include a "location-prohibited knife."mr1337 wrote:Good catch, I didn't see that part of the bill. I withdraw previous statement.CJD wrote:It only preempts "knife" as defined in 46.01, which is distinct from "location prohibited knives". It only preempts currently state-legal knives, not "illegal knives" or if hb3884 passes, "location prohibited knives".mr1337 wrote:I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
So localities would still be able to create ordinances on knives over 5.5 inches in blade length, but not for any under 5.5 inches. I hope it will get fixed next session if it doesn't get amended this session. Still a victory either way.
It doesn't say "any bladed hand instrument other than an illegal knife" or "any bladed hand instrument other than a location-prohibited knife.""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.
I hadn't considered that, I just assumed that their being distinct meant they were exclusive. Admittedly, I don't know enough about law to know one way or the other, I just figured they were separated for a reason.Bladed wrote:Just as the definition of "knife" currently includes an "illegal knife," it would (under HB 3884) include a "location-prohibited knife."mr1337 wrote:Good catch, I didn't see that part of the bill. I withdraw previous statement.CJD wrote:It only preempts "knife" as defined in 46.01, which is distinct from "location prohibited knives". It only preempts currently state-legal knives, not "illegal knives" or if hb3884 passes, "location prohibited knives".mr1337 wrote:I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
So localities would still be able to create ordinances on knives over 5.5 inches in blade length, but not for any under 5.5 inches. I hope it will get fixed next session if it doesn't get amended this session. Still a victory either way.
Texas Penal Code Section 46.01(7) states:
It doesn't say "any bladed hand instrument other than an illegal knife" or "any bladed hand instrument other than a location-prohibited knife.""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.
Basically, "knife" is the broad, all-encompassing category, and "illegal knife" (hopefully soon to be "location-prohibited knife") is a smaller subset of that category.CJD wrote:I hadn't considered that, I just assumed that their being distinct meant they were exclusive. Admittedly, I don't know enough about law to know one way or the other, I just figured they were separated for a reason.Bladed wrote:Just as the definition of "knife" currently includes an "illegal knife," it would (under HB 3884) include a "location-prohibited knife."mr1337 wrote:Good catch, I didn't see that part of the bill. I withdraw previous statement.CJD wrote:It only preempts "knife" as defined in 46.01, which is distinct from "location prohibited knives". It only preempts currently state-legal knives, not "illegal knives" or if hb3884 passes, "location prohibited knives".mr1337 wrote:I would think that location-prohibited knives still fall under the knife category, thus making any knife ordinances (including location-prohibited knifes) to be null and void.CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.
So localities would still be able to create ordinances on knives over 5.5 inches in blade length, but not for any under 5.5 inches. I hope it will get fixed next session if it doesn't get amended this session. Still a victory either way.
Texas Penal Code Section 46.01(7) states:
It doesn't say "any bladed hand instrument other than an illegal knife" or "any bladed hand instrument other than a location-prohibited knife.""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.
That just means it's not currently on the agenda for that day. They may be holding 905 to be heard during the same hearing as 3884.thechl wrote:Well, Criminal Justice published their agenda for next Tuesday. HB905 didn't 'make the cut' so....