Author Topic: UCW and 46.15 - NON-APPLICABILITY  (Read 908 times)

dsd

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UCW and 46.15 - NON-APPLICABILITY
« on: October 13, 2017, 12:21:01 PM »
I'm trying to figure out if my reading of 46.15 (b) (6) is correct. Here's what I think is the revelant text.

Sec. 46.15.  NONAPPLICABILITY.

(b)  Section 46.02 does not apply to a person who:
(6)  is carrying:
(A)  a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B)  a handgun:
(i)  in a concealed manner; or
(ii)  in a shoulder or belt holster;

Of course 46.02 is UCW that would prevent carrying of a club, etc.

Sec. 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:...

Is there another law or rule that would apply to carrying a club as defined in 46.01 if compliant with 46.15 (b) (6)? My interpretation is that UCW 46.02 does not apply to a person with an LTC legally carrying a concealed or openly carried handgun.

TexasLawShield

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Re: UCW and 46.15 - NON-APPLICABILITY
« Reply #1 on: October 20, 2017, 03:29:19 PM »
dsd,

Your interpretation of 46.15(b)(6) is correct. It excludes LTC holders who are carrying a handgun under the authority of their LTC from TPC 46.02.

There is a common misunderstanding that 46.15 allows an LTC holder who is also carrying a handgun to carry a club. Unfortunately, this is not the case. No person is legally permitted to carry a club unless his or her job is one that requires a club and is mentioned in 46.15 (e.g., commissioned security officers, military personnel, animal control officers who hold a special certificate, etc.).