TexasCHLforum.com

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

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

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