TexasCHLforum.com

CHL/LEO wrote:

Doesn't intent have standing in legal discussions?

The first step of the legal system starts with the LEO that shows up and has to decide what the intent or truth is to the best of his or her ability given the facts and circumstances at that time (no arm chair quarterbacking).

If I pull you over and the machete is under your front seat I'm probably going to believe it's intended use is as a weapon (even if for self defense) unless you can convince me otherwise. Trust me when I tell you this - 9 out of 10 times criminals come up with such lame stories that you know they are lying within about 10 seconds of them opening their mouths. Honest people don't play games and beat around the bush when asked straight forward questions. Once I catch some one lying or giving me conflicting stories then I immediately give them no more benefit of the doubt. In this case the machete would be considered a weapon and it would be up to the arrested person to convince the Grand Jury or DA otherwise.

Sounds reasonable to me and what I hope would happen

CHL/LEO wrote: If you are carrying it for work related tasks you should be fine. If you're carrying it for a weapon you could be in trouble.

That's kind of the point I was trying to make, and didn't do a very good job

It seems intent should play into the discussion. If a hand axe is designed and sold for cutting wood, the fact it could be used as a "battle axe" shouldn't make it illegal. But if you are carrying it with the intent of using it as a weapon, then you should be in trouble.

Doesn't intent have standing in legal discussions?

I don't think it fits the definitions of illegal weapons.

(A) knife with a blade over five and one-half
inches; It's not a knife, so the length is not the issue...

(B) hand instrument designed to cut or stab
another by being thrown; This doesn't fit what the device was designed for...

(C) dagger, including but not limited to a dirk,
stilletto, and poniard; Not one of these either...

(D) bowie knife;
(E) sword; or Certainly not one of these...

If it's not forbidden, then it's legal...

Just because it could be used as a weapon doesn't make it one. A small hand axe makes a great weapon (ask the Special Forces types), but it's not forbidden. A baseball bat can be pretty deadly, but not illegal to carry.

I think the intent of what the device was designed for, and what your intent was in transporting it, would carry a lot of weight.

After all, Grandmothers silverware can be transported in your car, even though the set contains knives that exceed the length requirements. I don't think LEO or the court system would care that you carried them in your car to Thanksgiving dinner...now rob a store with the knives while on the way to dinner and I think we have a different story