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

[majormadmax]

Just FYI, I came across this in doing some research for a buddy of mine at work...

(6) “Illegal Knife” means a: (A) knife with a blade over five and one half inches; Rainer v. State, 763 S.W.2d 615 (Tex. App.-Eastland 1989, pet. ref’d) To determine length, measure entire length of blade past handle, not just the sharpened portion of the blade. Same result in McMurrough v. State, 995 S.W.2d 944 (Tex. App.-Ft. Worth 1999).

Don't know if that's helpful or not...

 

[Glockster69]

Well said on all levels Tejano Scott. (except that IANAL)

Despite not being a knife afficiando, it's about the big picture so count me in to help where I can including donations.

All the best Matefrio.

 

[dbgun]

Good luck. I hope everything works out in your favor.

 

[Renegade]

Let that be a lesson for all; A CHL is exactly that, a Concealed HANDGUN License.

Really so why does it bypass NICS? It is not not a "NICS bypass License"

And what about reciprocity? It is not a "Carry a handgun in another state License"

And what about cops? they have a "Peace Officer License". Yet they have N/A on 46.02 also.

Fact is the license was designed to do many things and the name is irrelevant.

 

[TXARGUY]

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

Hey Matefrio, I've been following this thread with great interest because I have always figured that the"defense to prosecution" would cover me.

Thank you and you're in my prayers. Let me know if there's anything at all I can do to help.

 

[Acera]

4) In addition to thanking him, we will be taking donations soon to fund his fight for ALL OF OUR rights. This will be an expensive endeavor, but he has put his money, freedom, and CHL where his mouth is. We will be asking for your support- financially, prayers, writing congressmen, etc.

Tejano Scott, since you mention "we" does that mean that you are the attorney representing Matefrio in this???

 

[Shotgun Jeremy]

I think it would be great if Tejano at least could throw in some volunteer time on the side helping out. But I know anything gun related, I would want Tejano in my corner for sure. I've had the pleasure of meeting him and he's a stand up guy. I can't donate right now, but I should be able to start in a few weeks. Will there be a paypal account set up?

Sent from Hicksville.....or while dreaming of Hicksville

 

[matefrio]

Tejano Scott, since you mention "we" does that mean that you are the attorney representing Matefrio in this???

I think the "we" refers to the forum moderators.

Negative on the representation. I got a criminal attny. who's well known in Austin.

 

[Rogue]

I think he actually has a really go chance to establish precedence with this case.

I'm not a lawyer, but if you read the law it should be pretty clear to you:

PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

And then the law goes on to list some exceptions.
Then in 46.15

PC §46.15. NONAPPLICABILITY.(b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;

If you read the other exceptions to unlawful carrying of weapons, you see that hunting, being a police officer, being a federal investigator, etc... are all exceptions to being charged with carrying a handgun, illegal knife, or club. In my book, that's saying you can carry an "illegal knife" if you have a CHL, are a police officer, etc.

Will have you and this case in my prayers.

 

[matefrio]

Thanks everyone for the kind words.

 

[GrandpaOf18]

... 4) In addition to thanking him, we will be taking donations soon to fund his fight for ALL OF OUR rights. This will be an expensive endeavor, but he has put his money, freedom, and CHL where his mouth is. We will be asking for your support- financially, prayers, writing congressmen, etc.

Let us know how to help, most of us can help a little, and a bunch of little can add up to a lot.

 

[gln305]

I just caught this thread and I wish matefrio the best. I have also read the laws, but not being a lawyer or judge, I will not try to interpret them. I do believe that you were in the right in my opinion and interpretation. The crux of the matter is that we need to interpret laws to understand them. It would be great to make a point that laws need to be clear cut and make sense with no subjective interpretations needed. Of course as we all know, interpretation is the reason that most people end up caught in the system and have their rights taken away. Good luck sir and let us know if you need anything.

 

[Tejano Scott]

Tejano Scott, since you mention "we" does that mean that you are the attorney representing Matefrio in this???

No. I've offered him encouragement and told him to find the heaviest hitter in the criminal game he can find. I think he did an excellent job in his selection. I am a healthcare attorney, did a very small amount of criminal law early in my career over 12 years ago. Matefrio knows I am here financially and moral support, but he will obtain professional board certified criminal representation from one of the best criminal attorneys in state of Texas.

The "we" I am referring is simply TGT forum members and friends.

 

[Tejano Scott]

I think it would be great if Tejano at least could throw in some volunteer time on the side helping out. But I know anything gun related, I would want Tejano in my corner for sure. I've had the pleasure of meeting him and he's a stand up guy. I can't donate right now, but I should be able to start in a few weeks. Will there be a paypal account set up?

Sent from Hicksville.....or while dreaming of Hicksville

Like I said, I am here for moral and financial support. He has a heavy hitter in the criminal law world who will serve him better than i could dream. I will gladly assist wherever my help is needed, but I doubt it's needed in any legal capacity. Now if he has any questions about his health insurance coverage, I'm more than willing to pipe up!

It was good meeting you as well Jeremy! Don't let a little free brisket make you think I'm a saint. Haha

 

[kaiserb]

I think he actually has a really go chance to establish precedence with this case.

I'm not a lawyer, but if you read the law it should be pretty clear to you:


And then the law goes on to list some exceptions.
Then in 46.15


If you read the other exceptions to unlawful carrying of weapons, you see that hunting, being a police officer, being a federal investigator, etc... are all exceptions to being charged with carrying a handgun, illegal knife, or club. In my book, that's saying you can carry an "illegal knife" if you have a CHL, are a police officer, etc.

Will have you and this case in my prayers.

Expounding on this then please explain the non-applicability of carrying a semi-auto if you have an NSA class CHL. If 46.02 does not apply to knives then it must not also apply to carrying any other type of handgun. The 46.02 exemption does not hold water legally and this case will be a wobbler. Hopefully the DA will drop the charges and go on about his day.

 

[TheDan]

Wow! I just spotted this thread; haven't read through it yet, but wanted to comment...
Matefrio, I know you've been testing this out for awhile and I really appreciate what you've done with this so far. Would it be ok for me to send you some money to help pay the defense bills? It doesn't matter if you can easily afford it or not, I want to help you share the burden since the precedence your case will set on this will effect us all. I can't contribute much, but anything will help right?

 

[matefrio]

Wow! I just spotted this thread; haven't read through it yet, but wanted to comment...
Matefrio, I know you've been testing this out for awhile and I really appreciate what you've done with this so far. Would it be ok for me to send you some money to help pay the defense bills? It doesn't matter if you can easily afford it or not, I want to help you share the burden since the precedence your case will set on this will effect us all. I can't contribute much, but anything will help right?

I'll put this out there for everyone wanting to help. First off, thanks. I really appreciate the willingness to share my burden across many backs.

Taking in a resource, time, money etc to use for this isn't straight forward though and may take a bit of time. It will happen though. I'd post my paypal account but it's not that easy and to be fair to everyone I am waiting for all the pieces that include an entry, use and exit plan with clear checks and balances.

 

[FrEaK_aCcIdEnT]

If/when this goes to trial, wouldn't it be a good idea to leverage some support from a media outlet like FOX? I too will do whatever I can to support. Phone calls, emails, foot work, etc. Like others, I can contribute a small amount financially once you get everything set up.

Would you like me to share this on other forums? Don't want to jump the gun without your input.

 

[matefrio]

If/when this goes to trial, wouldn't it be a good idea to leverage some support from a media outlet like FOX? I too will do whatever I can to support. Phone calls, emails, foot work, etc. Like others, I can contribute a small amount financially once you get everything set up.

Would you like me to share this on other forums? Don't want to jump the gun without your input.

Thanks!

No problem sharing, Link to this or the ar15.com threads though.

 

[FrEaK_aCcIdEnT]

Will do.