Questioning the meaning of the Texas laws regarding switchblades...

In the end, it all depends upon the LEO as to whether you are going to be harassed. My last job was as an account consultant for a burglar alarm company in Dallas. One of my duties was to meet with the Dallas false alarm unit and clients who, either through stupidity or mechanical malfunction were causing false alarms and police/fire dispatch. I commented to one of the Big D officers that we now had a reciprocal agreement with Oklahoma as to concealed carry. He stated to me that he did not care-if he stopped an okie with the correct documents or not, if a firearm was found, he would put the person under arrest. I commented that ignorance of the law was no excuse, and defiance of the law was inexcusable, and hoped his days as an as***** were numbered. All this before you get to see what a prosecutor is going to do!
 
I certainly can't comment on the legality of carrying an automatic or switchblade knife, because I don't know.

What I can add to this discussion is this. Some time ago, I bought a 9" Italian, damascus steel switchblade at a Dallas Gun Show, from a dealer from Houston, with a uniformed Dallas cop standing right next to me. He even commented to me what a nice knife it was! I wasn't hassled, questioned or stopped. After the purchase, he went his way and I went mine.

It's my understanding that it isn't illegal to OWN an automatic knife, but it is illegal to have one in your possesion, i.e., to be carrying it. As a CHL holder in Texas, I personally wouldn't risk carrying one at any time. There are enough legal knives that can be opened almost as quickly as an automatic, out there, that the risk just isn't worth it.
 
No. CHLs apply to the handgun part of 46.02 only.
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I don't think that is correct. It does not state that only part of the statute is non-applicable, it states the whole statute is non-applicable. I don't see how a court could interpret a law to mean something that it doesn't say. If they did, they'd have a huge open door problem with the whole law book.

I talked to a Captain in the Dallas Police Department yesterday afternoon and he told me without a doubt that LEO and the court see an illegal knife and a switchblade as two different things. He basically said that unless you have an LEO, military, or Federal ID, that you will go to jail and be charged with a Class A misdemeanor if you have a switchblade on you. On certain property, possession is a third degree felony.

I think I'll be getting the non-auto model after all.

-SS :(
 
I don't think that is correct. It does not state that only part of the statute is non-applicable, it states the whole statute is non-applicable.
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ARe you referring to paragraph six of 46.15?

It's highlighted above, but I'll repost it and we can look at in depth:
(b) Section 46.02 does not apply to a person who:
...
(6) is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;
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Okay, Section 46.02 does not apply to a person who is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;...

It's the two highlighted parts taken together that restrict the Non-Applicability to handguns only.

Hope that helps.

LawDog
 
I read that to say something different.

(b) Section 46.02 does not apply to a person who:
...
(6) is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;
Click to expand...

I'm going to re-write this as what I see it saying.

(b) Section 46.02 in its entirety, does not apply in any way to a person who: (6) is currently carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the actual type the person is currently carrying;

In other words. If you are carrying a gun and a license, and the gun is the type that is stated on the license you are carrying, the Statutes that restricted you previously in Section 46.02 do not apply, so far as you have the gun of the license type(SA or Revolver), and the license is also on your person in addition to any illegal knife or club as noted in Section 46.02 and as defined by Section 46.01.

If you look around other parts of Section 46.15, it lists specific parts of Section 46.02 that do apply to certain roles. Good examples of this are Subsection(s) c, d, and e which state specific parts of Section 46.02 that still apply to those roles.

Because the Statute clearly defines certain parts of Section 46.02 that are applicable to certain roles, yet it does not specifically state any exemptions to Section 46.02 for a CHL holder, it seems clear to me that the law states that if you have your gun, and your license, you are not bound by Section 46.02 of the Penal Code in any way.

Because of that, the 3 types of weapon listed in 46.02, a firearm, club, or illegal knife become legal for you to carry. You are still restricted from carrying any prohibited weapon listed in Section 46.05, including a "switchblade knife," but in the terms the Statute uses, and because of the framework of that particular Statute, it clearly means to me that a CHL holder is exempted from Section 46.02 completely while carrying a gun and a license of that gun type.

I don't plan to carry an illegal knife, so I really don't care either way, but that is ultimately what I read that particular Statute to say.

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

-----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.
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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
 
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.
 
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