Questioning the meaning of the Texas laws regarding switchblades... - Page 2

SkySlash · November 20, 2001, 12:37 PM

I've been told proficiency with a normal knife is easily obtained. My brother is extremely "in" to knives and the guy handed him the non-auto Stryker and he opened it as fast as I was opening the auto, so did the dealer.

I called the dealer today and he is going to change the layaway from the auto to the non-auto with no problems.

In the end, in thinking about it, it costs $100.00 less for the non-auto and it's probably safer that way too.

I'm not as dissappointed as I thought would be. To be honest, I'm actually a little relieved. I had no real use for the knife as a defense tool so a switchblade really isn't neccesary. I just wanted it for situations I may actually be able to use it as a tool in, and the interest in the auto function was more ooh ahhh appeal than anything practical IMHO.

The non-auto it is, and this time with a smile.

-SS

Anthony · November 21, 2001, 01:08 AM

Hello Everyone,

This problem troubled me as well, so I posed this exact question to a representative that mans the Q&A line down in Austin. To make sure she understood, I went so far as to have her pull the penal code and have her follow the passage with me.

Her response?

"I can see where you're interpreting that, but I think you would have a very hard time convincing a police officer of that."

The problem ceased to be an issue for me when I was at a local store that carried the Benchmade Automatic Knives. I simply clicked the Benchmade open and then opened my Spyderco Military. I was about twice as fast with my "known to be legal to carry" Spyderco.

Haven't looked back since.

Although I would like to have the right to carry an ASP Baton, but that another thread entirely.

Ciao!

- Anthony

SkySlash · November 21, 2001, 10:28 AM

Got a reply from the Texas Department of Public Safety today:

Quote:

-----Original Message-----
From: CHLS [mailto:CHL@txdps.state.tx.us]
Sent: Wednesday, November 21, 2001 6:51 AM
To: Lawson, Ashton
Subject: RE: Questions regarding Texas Penal Code and the CHL

According to Legal: PC46.15 states that PC 46.02 does not apply to a
concealed handgun licensee that is carrying a concealed handgun. The
Department interprets this to apply only to handguns. It does not allow the
licensee to carry an illegal knife or switchblade. Please check with your
local county or district attorney to see if they would prosecute an
individual for such actions in your county.

PC 46.15 provides an exception to PC 46.02 - Unlawful Carrying Weapons, it
does not provide an exeption to PC 46.05-Prohibited Weapons. A switchblade
is a prohibited weapon.

It appears that they have agreed with LawDog, but then at the end of the email they go on to say that the statute does not apply to prohibited weapons under 46.05. Seems like a contradiction but I'm not going to press the issue. I called my local people and they said the same thing that DPS did. Case closed for me...a legal knife and a firearm is all I'll be carrying.

Thanks for everyones help. I really appreciate all the reply's, opinions, and information.

Special thanks to the moderators for allowing me the forum to pose this question.

-SS

RenegadeX · November 21, 2001, 11:49 AM

Funny how they can claim the law does not apply when it clearly says it does. Regardless of what they say or do, no arrest or conviction could withstand an appeal.

I guess what is needed is for 46.02 to be clarified to only mention a handgun. The fact that 46.02 mentions three distinct weapons (handgun, knife, club), is the source of the problem.

November 20, 2001, 12:37 PM	#26
SkySlash Senior Member Join Date: November 6, 2001 Location: Mansfield, TX Posts: 493	I've been told proficiency with a normal knife is easily obtained. My brother is extremely "in" to knives and the guy handed him the non-auto Stryker and he opened it as fast as I was opening the auto, so did the dealer. I called the dealer today and he is going to change the layaway from the auto to the non-auto with no problems. In the end, in thinking about it, it costs $100.00 less for the non-auto and it's probably safer that way too. I'm not as dissappointed as I thought would be. To be honest, I'm actually a little relieved. I had no real use for the knife as a defense tool so a switchblade really isn't neccesary. I just wanted it for situations I may actually be able to use it as a tool in, and the interest in the auto function was more ooh ahhh appeal than anything practical IMHO. The non-auto it is, and this time with a smile. -SS __________________ There's no way to rule innocent men. The only power government has is the power to crack down on criminals. When there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.

November 21, 2001, 01:08 AM	#27
Anthony Senior Member Join Date: December 29, 1998 Location: Dallas, Texas (United States) Posts: 416	Hello Everyone, This problem troubled me as well, so I posed this exact question to a representative that mans the Q&A line down in Austin. To make sure she understood, I went so far as to have her pull the penal code and have her follow the passage with me. Her response? "I can see where you're interpreting that, but I think you would have a very hard time convincing a police officer of that." The problem ceased to be an issue for me when I was at a local store that carried the Benchmade Automatic Knives. I simply clicked the Benchmade open and then opened my Spyderco Military. I was about twice as fast with my "known to be legal to carry" Spyderco. Haven't looked back since. Although I would like to have the right to carry an ASP Baton, but that another thread entirely. Ciao! - Anthony

November 21, 2001, 11:49 AM	#29
RenegadeX Senior Member Join Date: August 27, 2001 Location: Texas Posts: 265	Funny how they can claim the law does not apply when it clearly says it does. Regardless of what they say or do, no arrest or conviction could withstand an appeal. I guess what is needed is for 46.02 to be clarified to only mention a handgun. The fact that 46.02 mentions three distinct weapons (handgun, knife, club), is the source of the problem.