I realize this post isn't gun related, but it has to do with combining a knife with a CHL so it seems on topic enough to pass. Obviously moderator discretion applies and I understand and submit to any decision made that disagrees with my own.
I started a thread a few days ago about this great gift my wife is getting me, but now I need some help in deciding if I should just get the non-auto version or go with a different model altogether.
I have put a
Benchmade 9100 Auto Stryker (ComboEdge™ / BT2™ Black Teflon Coating on layaway, but now after extremely in depth research, I fear I may be wasting my money.
It appears that this knife fits under the description given by state law of a switchblade. I sent the following email to the state Attorney General's office and to the Texas DPS for an opinion but so far I haven't been able to get one.
Quote:
-----Original Message-----
From: Lawson, Ashton
Sent: Monday, November 19, 2001 11:19 AM
To: '[email protected]'
Cc: '[email protected]'
Subject: Question regarding Texas Penal Code and "switchblade knives" combined with a Concealed Handgun License
I am in the process of acquiring a Texas Concealed Handgun License and I have a few questions regarding "illegal knives" and "switchblade knives" as defined by Texas Penal Code Section 46.01. I do not currently own a switchblade knife, however, I had been considering purchasing a knife that seems to fit into that category and that brought this question to mind.
Texas Penal Code Section 46.02 and 46.03, as I understand them, state that it is illegal to knowingly possess or transport a "firearm", "illegal knife", "club", or "prohibited weapon" (as defined by Section 46.01) or a weapon listed in Section 46.05(a). Section 46.01 gives a separate definition for "illegal knife" and "switchblade knife" and gives the impression that the state sees these as two different classifications of knife type. It appears that in legal terms, a "switchblade knife" is illegal under the code, but it is not defined as an "illegal knife" by definition.
Section 46.15(6) states that Section 46.02 and 46.03 do not apply to the holder of a Concealed Handgun License if the holder is carrying both the license and a handgun of the type that the license allows. Being exempt from the regulations of Texas Penal Code Section 46.02 as a CHL holder, as I understand it, means that it becomes legal to knowingly possess or transport what Section 46.01 defines as an "illegal knife." However, as I noted previously, the language in Section 46.01 regarding what classifies as an "illegal knife" and what classifies a "switchblade knife" are different, and appears to consider the knives to fit under two completely different classifications. Section 46.05(a) classifies a "switchblade knife" as defined in Section 46.01 to be a "prohibited weapon. Section 46.05 also states that a "person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (a-5) "a switchblade knife."
Section 46.05(a) appears to rule out the ability to legally carry a "switchblade knife" if you have a CHL because it is does not fit the legal definition of an "illegal knife" given in Section 46.01. Section 46.02 only prohibits the carrying of an "illegal knife" and because Section 46.15(6) only exempts the license holder from the regulations of Section(s) 46.02 and 46.03, it appears that a "switchblade knife" remains a prohibited weapon because it carries a separate definition than does an "illegal knife."
Finally, now that I've laid out the law as I understand it, we get to my actual question.
Is it illegal for a Concealed Handgun License holder to possess or transport a "switchblade knife" even though Section 46.02 specifically exempts the CHL holder from the provision forbidding the possession or transport of an "illegal knife?" In a Texas court of law, it appears that the court sees that it is illegal to carry a "switchblade knife," because the state see a specific difference between a "switchblade knife" and an "illegal knife?" Am I correct in that line of reasoning, or does in fact a "switchblade knife" become legal to carry based on the Section 46.15(6) exemption from carrying an "illegal knife" under Section 46.02?
Thank you for considering my question.
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Anybody else live in Texas and have any familiarity with this?
I'm between rock and a hard place right now and can't decide what to do.
-SS
