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Removing "illegal knives" from 46.02 passed to engrossment.

Along with HB 905...otherwise, local govt's will just add them back to their long lists of ordinances.

Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.

CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.

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.

mr1337 wrote:

CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.

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.

You are correct mr1337:

"C.S.H.B. 905 amends the Local Government Code to prohibit a municipality or county from adopting regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of knives. The bill prohibits a municipality or county from enforcing a regulation adopted by the municipality or county before the bill's effective date that relates to knives if the adoption of the regulation would be prohibited under the bill's provisions. The bill requires a court in which a proceeding is pending for a violation of such a regulation to dismiss the proceeding."

http://www.capitol.state.tx.us/BillLook ... Bill=HB905" onclick="window.open(this.href);return false;

mr1337 wrote:

CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.

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.

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".

CJD wrote:

mr1337 wrote:

CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.

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.

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".

Good catch, I didn't see that part of the bill. I withdraw previous statement.

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.

mr1337 wrote:

CJD wrote:

mr1337 wrote:

CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.

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.

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".

So localities would still be able to create ordinances on knives over 5.5 inches in blade length

Don't forget throwing stars, daggers, swords, and spears too!

mr1337 wrote:

CJD wrote:

mr1337 wrote:

CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.

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.

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".

Good catch, I didn't see that part of the bill. I withdraw previous statement.

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.

Just as the definition of "knife" currently includes an "illegal knife," it would (under HB 3884) include a "location-prohibited knife."

Texas Penal Code Section 46.01(7) states:

"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.

It doesn't say "any bladed hand instrument other than an illegal knife" or "any bladed hand instrument other than a location-prohibited knife."

Bladed wrote:

mr1337 wrote:

CJD wrote:

mr1337 wrote:

CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.

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.

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".

Good catch, I didn't see that part of the bill. I withdraw previous statement.

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.

Just as the definition of "knife" currently includes an "illegal knife," it would (under HB 3884) include a "location-prohibited knife."

Texas Penal Code Section 46.01(7) states:

"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.

It doesn't say "any bladed hand instrument other than an illegal knife" or "any bladed hand instrument other than a location-prohibited knife."

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.

CJD wrote:

Bladed wrote:

mr1337 wrote:

CJD wrote:

mr1337 wrote:

CJD wrote:Even 905 won't keep that from happening, as it only preempts knives, not "location-prohibited knives." Still a step forward, though.

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.

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".

Good catch, I didn't see that part of the bill. I withdraw previous statement.

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.

Just as the definition of "knife" currently includes an "illegal knife," it would (under HB 3884) include a "location-prohibited knife."

Texas Penal Code Section 46.01(7) states:

"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.

It doesn't say "any bladed hand instrument other than an illegal knife" or "any bladed hand instrument other than a location-prohibited knife."

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.

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.

An illegal knife is always a knife, but a knife isn't always an illegal knife.

Well, Criminal Justice published their agenda for next Tuesday. HB905 didn't 'make the cut' so....

thechl wrote:Well, Criminal Justice published their agenda for next Tuesday. HB905 didn't 'make the cut' so....

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.

Bills can be added to an agenda, and committees often meet multiple times per week late in the session. They have until May 27 to get it out of committee and vote on it on the floor.

Thanks, Bladed.
When shared in this manner your knowledge is valuable and appreciated.