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Old November 19, 2001, 10:29 PM   #18
LawDog
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Join Date: September 15, 1999
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Quote:
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?"
Yes. A CHL applies only to the handgun part of 46.02 Unlawful Carry of a Weapon, and switchblades are not defined as 'illegal knives'.

Quote:
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?
You are correct. The State of Texas specifically lists switchblades as 'prohibited weapons' instead of 'illegal knives'.

46.15 applies only to 46.02 and 46.03 -- unfortunately switchblade knives fall under 46.05.

Quote:
But is the other part correct - that a CHL can legally carry an illegal knife?
No. CHLs apply to the handgun part of 46.02 only.

LawDog
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