ANST - SCA weapons and the law (long)

[Chris and Elisabeth Zakes]

At 05:38 PM 6/11/98 EDT, you wrote:
>In a message dated 98-06-10 15:55:46 EDT, you write:
>
>A few months back, a sherrif's deputy pulled me over because my license plate
>light had burned out.  While I was frantically searching for my proof of
>insurance, his partner noticed that I had my rapier equipment in my back seat
>(amazing how they could spot that among all that junk and trash back there).
>The deputy politely explained to me that, despite the fact that the epee and
>foil were effectively harmless fencing equipment, they were still illegal,
and
>recommended that I store the stuff in the trunk (which I proceeded to do),
>then let me go my merry way.


Actually, the deputy was mistaken. Sporting equipment only becomes a
"weapon" if it is used as such. 

Consider the average baseball bat, in the hands of the average knight. A
*lot* depends on whether he's hitting a baseball or a burglar with it. The
same applies to fencing equipment. If you're going to or from fencing
practice it's not a problem. If you walk into a bar brandishing an epee,
*then* you've got a problem.

That being said, rule #1 in this situation is still "Don't be stupid."
Arguing with a police officer over a technicality when there's an easy way
out (i.e. putting the blades in the trunk) is a *bad* idea. If you're
insistent enough, and you get arrested, the case will almost certainly get
thrown out of court, *but* you're still going to spend some time in jail,
and be out the bond money and lawyer's fees.

Now let's get on to the fun stuff: what the law actually says. I'm cutting
and pasting the SCA-relevant stuff, and putting my comments in [square
brackets]. This section is Texas laws (which I'm nore familiar with),
Oklahoma law is farther down.

These are quotes from the 1997/1998 Texas Penal Code, which I found at:

http://www.cowtown.net/Cop_Shop/title10.html


Chapter 46. Weapons
Sec. 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.

[Note that maces are specifically listed. Most hand axes would probably
fall into the "tomahawk" category. I expect a rattan SCA sword would also
qualify as a "club", if used for "inflicting serious bodily injury or death".]


(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;

[Such as a shuriken.]

(C) dagger, including but not limited to a dirk, stiletto, and poniard;

[I *think* in this context "dagger" means any double-edged knife.]

(D) bowie knife;
(E) sword; or
(F) spear.

[Those last two could ruin the average SCAer's whole day.]

(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.

[By this definition, fencing equipment doesn't qualify as a "knife".]


Sec. 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.

(b) Except as provided by Subsection (c), an offense under this section is
a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the
offense is committed on any premises licensed or issued a permit by this
state for the sale of alcoholic beverages.

46.03. Places Weapons Prohibited.
(a) A person commits an offense if the person intentionally, knowingly, or
recklessly possesses or goes with a firearm, illegal knife, club, or
prohibited weapon listed in Section 46.05(a):

[I'm going to cut to the chase here, and snip a lot of the legalese
definitions...]

(1) a school or educational institution
(2) on the premises of a polling place on the day of an election
(3) in any government court or offices utilized by the court
(4) on the premises of a racetrack; or 
(5) in a secured area of an airport.

[There are exceptions listed for on-duty military personnel, prison guards,
and
officers of the court.]


Sec. 46.06. Unlawful Transfer of Certain Weapons.

(a) A person commits an offense if the person:

(2) intentionally or knowingly sells, rents, leases, or gives or offers to
sell, rent, lease, or give to any child younger than 18 years any firearm,
club, or illegal knife;

[So be careful around kids.]


Sec. 46.15. Nonapplicability. 

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

[46.02 is the bit about intentionally carrying a weapon.]

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

(3) is traveling;

(4) is engaging in lawful hunting, fishing, or other sporting activity on
the immediate premises where the activity is conducted, or is directly en
route between the premises and the actor's residence, if the weapon is a
type commonly used in the activity;

[This is the loophole that is most applicable to the SCA. "Travelling" to
an event, or engaged in "other sporting activity" (i.e. SCA fighting)
on-site should get you off the hook, as long as you're not doing something
stupid, like wearing a blade into the convenience store (which sells beer)
when you stop for gas.]


This is from section 21-1272 of the Oklahoma law, which I found at:

http://www.onenet.net/oklegal-cgi/get_statute?97/Title.21/21-1272.html


                           UNLAWFUL CARRY
    It shall be unlawful for any person to carry upon or about his or
her person, or in a purse or other container belonging to the person,
any pistol, revolver, shotgun or rifle whether loaded or unloaded or
any dagger, bowie knife, dirk knife, switchblade knife, spring-type
knife, sword cane, knife having a blade which opens automatically by
hand pressure applied to a button, spring, or other device in the
handle of the knife, blackjack, loaded cane, billy, hand chain, metal
knuckles, or any other offensive weapon, whether such weapon be
concealed or unconcealed, except this section shall not prohibit:

    1.  The proper use of guns and knives for hunting, fishing,
educational or recreational purposes;

[Which provides a similar loophole to the one in Texas law. I couldn't find
anything beyond this one section, but that may be due to the fact that it's
well after midnight, and I really ought to be in bed.]

	-Tivar Moondragon
   aichmophile and legalist

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