Machete

[tomc]

Stevie, I think Greg is right. It reads:

SECTION 1. Section 46.02, Penal Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) A person commits an offense if the person [he]
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or
(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.

[stevie_d_64]

Stevie, I think Greg is right. It reads:

SECTION 1. Section 46.02, Penal Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) A person commits an offense if the person [he]
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or
(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.

Yep...I'm sure everyone understands that your average Bowie knife is a no-no...

I was only instigating a discussion about what constitutes an illegal "club"??? I'm not sure I've ever seen a clear definition that describes an illegal "club"...

- collapsible (baton)???

- length???

- wood, metal???

- concealed, openly carried???

I mean there are all sorts of purmutations when you say "club"...

But the biggest thing with me is...I'm not going to have a "club" of any sort, for use as a defensive weapon...So I am just trying to expand the discussion a bit for what its worth...

[Xander]

I was only instigating a discussion about what constitutes an illegal "club"??? I'm not sure I've ever seen a clear definition that describes an illegal "club"...

It's defined in§ 46.01.

§ 46.01. DEFINITIONS. In this chapter:
(1) "Club" means an instrument that is specially
designed, made, or adapted for the purpose of inflicting serious
bodily injury or death by striking a person with the instrument, and
includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.

[Liberty]

I was only instigating a discussion about what constitutes an illegal "club"??? I'm not sure I've ever seen a clear definition that describes an illegal "club"...

It's defined in§ 46.01.

§ 46.01. DEFINITIONS. In this chapter:
(1) "Club" means an instrument that is specially
designed, made, or adapted for the purpose of inflicting serious
bodily injury or death by striking a person with the instrument, and
includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.

Its one of my favorite pieces of Texas law. Its legal to carry around ashotgun, baseball bat, or tire iron but get caught with a tribal tomahowk such as what Flintknapper might craft and they can bust you.

[txinvestigator]

I was only instigating a discussion about what constitutes an illegal "club"??? I'm not sure I've ever seen a clear definition that describes an illegal "club"...

It's defined in§ 46.01.

§ 46.01. DEFINITIONS. In this chapter:
(1) "Club" means an instrument that is specially
designed, made, or adapted for the purpose of inflicting serious
bodily injury or death by striking a person with the instrument, and
includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.

Its one of my favorite pieces of Texas law. Its legal to carry around ashotgun, baseball bat, or tire iron but get caught with a tribal tomahowk such as what Flintknapper might craft and they can bust you.

Until Sept 1 and you are in your car.

[flintknapper]

I was only instigating a discussion about what constitutes an illegal "club"??? I'm not sure I've ever seen a clear definition that describes an illegal "club"...

It's defined in§ 46.01.

§ 46.01. DEFINITIONS. In this chapter:
(1) "Club" means an instrument that is specially
designed, made, or adapted for the purpose of inflicting serious
bodily injury or death by striking a person with the instrument, and
includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.

Its one of my favorite pieces of Texas law. Its legal to carry around ashotgun, baseball bat, or tire iron but get caught with a tribal tomahowk such as what Flintknapper might craft and they can bust you.

I was questioned about why I had Escrima Sticks in the back of my SUV by a State Trooper a few years back. He didn't make a real big deal out of it...but you could tell it irritated him.

If they had been in the front seat it might have played out differently with this guy, hopefully... another might not give it a second thought.

[CHL/LEO]

A machete doesn't fit the definition of "illegal knife".

You are wrong about this. I have arrested and charged individuals who have had a machete. Most of them pled out to this offense or were charged with a more serious offense that occurred at the same time. None of them ever had the charges dropped by the DA or were found not guilty by a judge or jury.

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.

[Liberty]

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.

I don't think the law makes this distinction and it sounds like it requires some mindreading.

[stevie_d_64]

I was questioned about why I had Escrima Sticks in the back of my SUV by a State Trooper a few years back. He didn't make a real big deal out of it...but you could tell it irritated him.

Because if you get hit by one you escrima real loud???

Sorry, I really couldn't resist...Many wish I would, but I cain't!

[TX Rancher]

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?

[CHL/LEO]

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.

[TX Rancher]

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

[flintknapper]

I was questioned about why I had Escrima Sticks in the back of my SUV by a State Trooper a few years back. He didn't make a real big deal out of it...but you could tell it irritated him.

Because if you get hit by one you escrima real loud???

Sorry, I really couldn't resist...Many wish I would, but I cain't!

Go to your room Stevie!

Thats really bad.

[govnor]

A machete doesn't fit the definition of "illegal knife".

You are wrong about this. I have arrested and charged individuals who have had a machete. Most of them pled out to this offense or were charged with a more serious offense that occurred at the same time. None of them ever had the charges dropped by the DA or were found not guilty by a judge or jury.

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.

I've always heard it was illegal to carry and heard about people being arrested for it, etc. This was back in my teenage years when we were trying to find out what we could get away with.

If I'm carrying one around it's going to be for clearing brush. If I get pulled over, the officer would have to search the vehicle to find it in the first place, then I would tell him/her exactly what it was for. In my line of work, it actually could be necessary from time to time, but I have not bought one for this specific reason. I don't like to take any chances.

My advice: carry a chainsaw.

Good luck on your land Sebis. I hope to be buying some in the near future also.

[gregthehand]

Who cares it's soon to be legal even if it is a weapon