Hypocrite Texas Legislator "Detained" for Unlawfully "Carrying"...

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The New World Order has a Third Reich odor.
 
It is a FELONY to carry handgun in Texas without a CHL. There are some exceptions for a few things like extended traveling, and hunting.
 
Don,

Texas still (I think) has the 'travelling' exemption.

It is a Defense to Prosecution if the person is carrying a handgun, illegal knife or club on or about their person and they are travelling.

Now, there are two sticky parts here. The first is: 'travelling' has never been defined. It's up to the judge to decide what he considers to be 'travelling'. Some judges consider 'travelling' to be going 200 miles in a straight line in one day. Another may decide that 'travelling' consists of crossing two or more county lines in the same day.

The second sticky part is, of course, this is State Law and airports apply Federal Law.

LawDog

Later:
Went and did some research. Applicable Texas Law can be found here: http://www.cowtown.net/Cop_Shop/chapter_46.html

Woo-Hoo! I'm mistaken, it used to be a Defense to Prosecution (you could still be arrested) to be travelling, now the law doesn't apply.

God, it's good to live in Texas.

Brent,
Unlawful Carry is still a Class 'A' misdemeanor. Unlawful Carry only becomes a felony if you Unlawfully Carry a Handgun, Illegal Knife or Club in a business licensed to sell alcoholic beverages.

LawDog

[This message has been edited by LawDog (edited March 31, 2000).]
 
Lawdog:

I think I need to review the booklet DPS publishes on concealed carry laws. The instructor in my CHL class might have been misinformed, or I may have misunderstood him. In either case I don't wish to be charged with either a felony or a misdemeanor.
 
Lawdog:

I've got a question you may be able to answer. I believe that it is illegal to possess knives which are over 5.5 inches in length here in Texas. However, many stores sell knives longer than this, including machetes. I just bought a Buck knife for hunting that is 6 inches.

Why do stores sell "illegal" knives, and will I get into trouble with my buck knife? I know this is a little off topic, but I will appreciate your answer.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Brent: ... I believe that it is illegal to possess knives which are over 5.5 inches in length here in Texas. However, many stores sell knives longer than this, including machetes. I just bought a Buck knife for hunting that is 6 inches.

Why do stores sell "illegal" knives, and will I get into trouble with my buck knife? [/quote]Brent:

In New Jersey it is illegal to have hollowpoints in your possession with fines of $1,000 per round. Yet must gunshops carry and sell hollowpoints (I'm not sure to who because there is no exception for LEO either). If you can figure that one out, please explain it to me.
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[This message has been edited by FUD (edited March 31, 2000).]
 
If you check the way the law is written, it's probably a law against possession in public (carrying) rather than possession at all. Thus your Buck is probably legal in your home and on your property, but not to carry in towns or incorporated areas, for instance. Ask someone who knows, though. http://www.bladeforums.com

In Illinois, for instance, possession of automatic knives is illegal, so you can't even have one in your home (and thus, of course, no one does :rolleyes: ) whereas blades over 4" long are only prohibited for carry.
 
Brent,

the definition of 'illegal knife in Texas is:
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>6) "Illegal knife" means a:

A) knife with a blade over five and onehalf inches;

(B) hand instrument designed to cut or stab another by being thrown;

(C) dagger, including but not limited to a dirk, stiletto*, and poniard;

(D) bowie knife;

(E) sword; or

(F) spear.[/quote]

Under Penal Code Penal Code 46.02, titled 'Unlawful Carry of a Weapon', we find that it is unlawful to have on or about your person a handgun, illegal knife or club.

However, under 46.15 "Non applicability", we find the the law (Unlawful Carry of a Weapon) does not apply if:

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>a) Sections 46.02 and 46.03 do not apply to:...

...(2) is on the person's own premises or premises under the person's control
unless the person is an employee or agent of the owner of the premises and
the person's primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event the person must comply with Subdivision (5);

(3) is traveling;

(4) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is directly en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity;[/quote]

I've highlighted the relevant non aplicable sections.

So, if you are on your own property, travelling or lawfully engaged in a sport which would commonly require a knife over 5.5" inches in bladelength, then the 'Unlawful Carry of a Weapon' statute does not apply to you.

Hope that helps.

LawDog

[This message has been edited by LawDog (edited April 01, 2000).]
 
Man, I wish we had that traveling exemption in Illinois. I'd feel a lot better making the late-night treks to Chicagoland along I55 if I could keep a loaded pistol ready. I still remember being at a rest stop at about midnight a couple of months ago with a couple of guys standing and staring at me while I checked a broken wheel lug--I kept my knife close at hand, but I'd have felt better with the handgun.
 
Soooo . . . . does that mean that he was considered to be "traveling" under Texas law, since he was passing through an airport, so he wasn't technically violating Texas law, only the fed laws and airline rules?
 
Don,

The traveling defense hardly ever works here in Texas, unless you have a firearm friendly judge. It will hardly ever keep you from being arrested in the first place. It is not something that I would want to rely upon. It is by no means a sure thing.

We need a nationwide CCW law and we need it now!

Joe

[This message has been edited by nralife (edited April 01, 2000).]
 
Too bad the guy didn't make into Mexico and get caught with it there. He would have taken a looooong vacation at taxpayer expense south of the border.
 
Well, Don, therein lays one of my favorite legal conundrums:
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>
§46.03. Places weapons prohibited.

(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or a prohibited weapon listed in Section 46.05(a):...

...(5) in a secured area of an airport.[/quote]

The conundrum (as explained by the Wise Old Chief of Police who taught Penal Code at the Academy) being that the secured area at an airport was Federal Property and State law had no jurisdiction there.

Now, all we have to do is prove the required culapable mental state, ie: can we prove to twelve good men that the Political Critter committed an unlawful act Intentionally, Knowingly or Recklessly?

Futo, it would have been at the Mexican taxpayers expense. Not only would we get to see a Congress-critter get his Just Desserts, but we wouldn't have to pay for it. Now, that's what I call a win/win proposition. :D

LawDog

[This message has been edited by LawDog (edited April 01, 2000).]
 
I'm learning a great deal about Texas. I'm pretty sure ignorance of the law is no excuse in Illinois; I don't think there'd be any responsibility to prove you did it knowingly, purposely or recklessly. Here the fact that you do it is enough and "I didn't do anything with any malicious intent" would have gotten him all the way to jail. Well, it would have gotten ME all the way to jail, anyway.
 
Hey, to all of you guys saying that if you or I had done what he did, we would have been jailed:

Why don't you find some cases where people WERE arrested, charged and jailed/fined for the exact same offense and start the legal process to have the conviction overturned.

Its one thing to say "no special treatment" during a press conference vs. proving it in a court of law.

This needs to used by his opponent next Nov.

Albin
 
In addition to illegal knives not being legal to carry, be sure to include explosive devices and chemical dispensing devices other than those commonly used for personal protection. That's right. You are NOT allowed to carry a handgrenade, even if you have a legally registered one, as a weapon in the state of Texas. See, we aren't as friendly to weapons carry as you thought.
 
Jeff, a few years back I was headed out West for my annual motorcycle trip, and was going to be going through the Panhandle. I called the AG's office to see if I'd be legal with an unloaded pistol in my bag, ammo separate. I was told that, if I traveled through three counties on the same day, it was legal. If I stayed within one or two counties, that mode of transport was illegal. What the?

Dick
 
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