Saps, et al.

[craig_o]

I'm a touch confused about the current rules regarding the ownership of saps, tomahawks, switchblades and all the rest of the illegal weapons. It seems like there was a recent change allowing, say, one to carry a spear in the car so long as you weren't in the middle of a commission of a some crime, but I don't understand what's still considered off limits.

Further, has there ever been any legal problem with owning and/or possessing clubs or what have you in your home?

[WildBill]

Check out this site http://dao-web.dao.hctx.net/ie/TEXAS%20 ... 20LAWS.pdf

[craig_o]

Looked at it, didn't clear things up to me.

[seamusTX]

PC §46.02 defines the offense of unlawfully carrying weapons as carrying a "handgun, illegal knife, or club" except on premises or inside a vehicle that you own or control. The change in 2007 added vehicles to premises (real estate), which has always been an exception.

PC §46.01 specifically defines a spear as an illegal knife and a tomahawk as a club.

So in theory it is legal to have a spear or tomahawk in your vehicle.

IMHO, what happens when you are stopped for a traffic offense and the LEO sees a spear is anyone's guess. Some departments may have given training on the changes in PC §46.02. Some may have emphasized handguns while ignoring knives and clubs. Some may have told officers to continue to arrest and let the judge sort it out. Old habits die hard.

What are "completely off limits" are the prohibited weapons listed in PC §46.05. That section offers a defense to prosecution if you are a collector of antiques or curios; but defense to prescution means you may have to prove it in court. I would expect anyone caught with a switchblade or hand grenade to be in deep kimchee.

IANAL, etc.

- Jim

[seamusTX]

This is the law:

(d) It is an affirmative defense to prosecution under this section that the actor's conduct:
(1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio;

I don't know what "dealing with" is supposed to mean. Is everyone who buys or sells a piece a dealer? If not, who can a dealer deal with?

- Jim

[Mike1951]

And would a BATFE issued C&R license for firearms establish someone as a collector of knives that were curios?

Could it qualify someone as a dealer in curios knives even though he cannot deal in his C&R firearms?

[WildBill]

This is the law:

(d) It is an affirmative defense to prosecution under this section that the actor's conduct:
(1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio;

I don't know what "dealing with" is supposed to mean. Is everyone who buys or sells a piece a dealer? If not, who can a dealer deal with? - Jim

I can't find any legal definition, but one of Webster's definition is "to sell or distribute something as a business." So that is how I interpret it. It still doesn't make much sense that a dealer could possess a switchblade if he couldn't sell it to anyone, but another dealer. He could sell it to a LEO, but then it wouldn't be an antique or curio. I still can't fathom the intent of this defense. Maybe for displays of antiques at museums?

[seamusTX]

This law is vague, either intentionally or by accident. The bottom line is that if you posses one of these things anywhere but your home or business, you're in trouble. People have been prosecuted for having them even at home.

See the "Applicable Law" section about halway down this page for references to case law: http://bulk.resource.org/courts.gov/sta ... 15959.html

- Jim

[Xander]

And would a BATFE issued C&R license for firearms establish someone as a collector of knives that were curios?

Could it qualify someone as a dealer in curios knives even though he cannot deal in his C&R firearms?

No, BATFE regulates firearms...They do not regulate, and have no authority to regulate knives, so a 03 would have no bearing on any blade-related case. That's my IANAL answer, anyhow. :-)

[Mike1951]

That makes sense. I was just wondering what defined someone in the knife curios business.