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Hello,

I have a question for the legal scholars, I am planning on getting a machete to use for clearing brush on raw land, I am currently looking to buy a undeveloped land and yesterday we had trouble on getting to walk the property due to the tick brush.

According to the penal code it is illegal to carry it except if engaging in hunting or other sporting activity. The way I see it there is no exception for non-sporting activity like clearing brushes, I am missing something here?

TIA,

--Sebis

You should be fine, as long as you carry proof of citizenship with you.

AV8R wrote:You should be fine, as long as you carry proof of citizenship with you.

Proof of citizenship? That is no exception to Unlawful Carrying Weapons, TPC 46.02.

Texas Penal Code
§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if he intentionally, knowingly, or recklessly carries on
or about his person a handgun, illegal knife, or club.


§ 46.01. DEFINITIONS. In this chapter:

(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half
inches;
(B) hand instrument designed to cut or stab
another by being thrown;
(C) dagger, including but not limited to a dirk,
stilletto, and poniard;
(D) bowie knife;
(E) sword; or

Here is what makes it legal for you;

§ 46.15. NONAPPLICABILITY.

b) Section 46.02 does not apply to a person who:

(2) is on the person's own premises or premises under
the person's control

I'll bet you throw that big knife away REAL SOON and get something powered by something other than the ARMSTRONG METHOD.
Rent a D.R. trimmer.
Or buy a $20 camp axe.

I'm sorry, TXI. I guess that was a bit too subtle for you.

txinvestigator wrote:

AV8R wrote:You should be fine, as long as you carry proof of citizenship with you.

Proof of citizenship? That is no exception to Unlawful Carrying Weapons, TPC 46.02.

Texas Penal Code
§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if he intentionally, knowingly, or recklessly carries on
or about his person a handgun, illegal knife, or club.


§ 46.01. DEFINITIONS. In this chapter:

(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half
inches;
(B) hand instrument designed to cut or stab
another by being thrown;
(C) dagger, including but not limited to a dirk,
stilletto, and poniard;
(D) bowie knife;
(E) sword; or

Here is what makes it legal for you;

§ 46.15. NONAPPLICABILITY.

b) Section 46.02 does not apply to a person who:

(2) is on the person's own premises or premises under
the person's control

So.....how does one transport said "weapon" to his own premises or premises under his control?

I transport them in the back of my trucks every day, wherever the truck goes, and have often been known to walk down highway rights of way carrying one unsheathed in full view...with about 50 pounds of other equipment

AV8R wrote:I'm sorry, TXI. I guess that was a bit too subtle for you.

I guess so. Unless to you, subtle=wrong, I don't get it.

A machete doesn't fit the definition of "illegal knife". It's not a sword. It's a tool.

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

I guess I am intending to be respectful of the original question then...

If I needed to buy a machete or other similar tool to clear land/brush on some of my property...I am certainly not going to be at all concerned about the legality of carrying said tool, because I am obviously going to be using for the purpose I am buying it for...Clearing brush...

Not leaving it in a vehicle, carrying into a post office, bank, grocery store, shopping mall, professional sporting event...etc etc...

Now if there is some trend, where some criminals are buying these "tools" at local flea markets, and using them for other than legal uses, then yeah they may have a concern with being caught with said "tool", and it'll be up to the investigators to determine if that would be as a weapon, or a tool...

If its one of "us", then I probably wouldn't give it a second thought...

Guess its up to perception, and where you are with it...If your in downtown Houston with a machete that looks kinda nice, no real usage out ot if...Its been sharpened to a real fine edge, then yeah, might be an issue...


Just my opinion...

TX Rancher wrote: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...

Unfortunately, you forgot to read the next section which shows a machete is clearly a knife, and based on this section, an illegal one to boot.

46.01(7)
"Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.


As much as we would like to think of things our own way, in most cases, those darn lawyers beat us to it and wrote the law clearly.

Sorry, Kevin and TX Rancher, but a machete is an illegal knife.

So, to address the original question, I would point out that unlawfully carrying only applies to "on or about your person". In other words, driving to your property with the machete in your trunk (or the toolbox/bed of your pickup) would be legal.

It is a tool.
Been carrying one in my truck for 7 years now. Only place that questioned it was the Army guards getting on to Fort Hood. And that was only once.
Get a file to go along with it, you'll need it to keep it sharp. Works way better when kept sharp.

Dan

Won't the new "car carry law" make it legal to carry a pistol, illegal knife, or club, in your car anyway?

gregthehand wrote:Won't the new "car carry law" make it legal to carry a pistol, illegal knife, or club, in your car anyway?

If the possessor is prohibited from having one (illegal or legal) on or near their person...(i.e.: convicted felon) then being in a vehicle doesn't change anything...

If a person is not prohibited (and not engaged in the 5 things noted in HB1815, I believe) then a concealed pistol in the vehicle is ok...

A "illegal" knife I believe is not ok...

And I wouldn't think a "club", whatever that could be construed as, would be either...

This is just me, I and many others, don't have to worry about this much because we have CHL's...

Because an illegal knife or club is not going to do you much good these days anyway, right???