I Didn't Beat the Ride - Illegal Knife + CHL + Concealed Handgun = Jail + Charges

Shotgun Jeremy said:

So, you don't recommend we carry? Or don't recommend we fight for our rights?

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LOCKHART said:

Alcohol counseling, even tho no alcohol was involved.

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matefrio said:

The way I read it, it was an unpleasant experience that they wouldn't recomend\wish on anyone.

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LOCKHART said:

Matefrio, glad you got this crap dismissed. I went through something much like it, with the Austin police,
back in March of 2004. I shot this guy that assaulted me in the parking lot of bar on south Congress.
I was arrested, charged with carrying where alcoholic beverages are served, went to jail for the night,
and next morning went looking for a lawyer. I found one, Revis Kanak, and went through a year of jumping
hoops for the government. Alcohol counseling, even tho no alcohol was involved. Finally, after a year of
this crap, all charges were dismissed. I ended up paying 1150.00 for his services. The parking lot is NOT the
premises! And, I was defending my life. I dont recommend this to anyone. Its no fun!

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LOCKHART said:

One of the points of my post was to say that alot of cops do not know the law!
If they did, the only thing I would have been charged with is assault with a deadly
weapon. It very plainly states that the definition of "premises" does NOT include
the PARKING LOT! Obviously, alot of policemen dont know the fine points of Texas
concealed weapons law. I only meant that I wouldnt wish this experience on ANYONE!
The reason the charges were dismissed is obvious. One, they concluded that I was
defending my life against a much younger man, and that the force I used was justified.
Two, the charge of carrying a weapon where alcohol is sold for on premises consumption
was false because the parking lot of a bar is NOT CONSIDERED THE PREMISES.

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karlac said:

Read though the original many months back through a reference on another forum. Never really got a chance to say what was on my mind at the time: Were an educator searching for something for children to memorize to embed the concept of freedom in young minds, they could do no better than to chose your words in this post:

http://www.texasguntalk.com/forums/...aled-handgun-=-jail-charges-5.html#post636014

A belated, but with the utmost respect, Well Done!, sir.

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LOCKHART said:

One of the points of my post was to say that alot of cops do not know the law!

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TheDan said:

This thread is worthy of a bump occasionally.

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F350-6 said:

I don't think anyone really disputes this. There's actually too many laws to try and remember all of them off the top of your head anyway. Of course the liberal or conservative bias of certain locations also comes into play, but the bottom line is, most of the time when there's a gray area or something they're worried about, they just take you in and let the DA's office decide weather to charge you.

If I recall correctly, in Matefrio's case, they actually stood around discussing the merits of his argument and what to do and ultimately decided on punting the responsibility on to the DA to let them decide.

Hopefully there was no civil action in your case. Being in the Austin area, that might not have gone so well and would likely have ended up costing quite a bit more.

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leVieux said:

IIRC, didn't "Matefrio" get into trouble over an "illegal knife" he was carrying, and not his handgun?

Of course, I could just be having another senility attack.

leVieux

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leVieux said:

IIRC, didn't "Matefrio" get into trouble over an "illegal knife" he was carrying, and not his handgun?

Of course, I could just be having another senility attack.

leVieux

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Bithabus said:

At the time "illegal knives" were included in 46.02, and 46.02 didn't apply to LTC holders carrying handguns. But the cops decided to arrest him anyway.

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