ANST - Swords and Barney Fife

Gustafson gustav at hub.ofthe.net
Mon Sep 25 21:51:50 PDT 2000


Baron Bors,

The information you are looking for is in the Texas Penal code Chapter 46.
A sword is defined as an illegal knife and carrying an illegal knife is
prohibited.  However, Section. 46.15, Nonapplicability, states that a sword
may be used in a historical demonstration.  Section 46.03 specifically
prohibits weapons on the premises of a school "unless pursuant to written
regulations or written authorization of the institution."

So a demo at a school with the written authorization of the institution
appears to be within the law.  "Barney" can look it up in his copy of the
Penal code in Chapter 46 using the aforementioned section numbers.  The
Texas Penal code is also listed online at .
http://www.capitol.state.tx.us/cgi-bin/cqcgi

Below are copies of the applicable laws.

Hope this helps.

Centurion Gustav Hastings
(Andy?)
I should have this memorized by now.

Texas Penal Code
TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS
CHAPTER 46. WEAPONS

§ 46.01. Definitions

(6) "Illegal knife" means a:
(E) sword;

§ 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.


§ 46.15. Nonapplicability

(8)     (e) The provisions of Section 46.02 prohibiting the carrying of an
illegal knife do not apply to an individual carrying a bowie knife or a
sword used in a historical demonstration or in a ceremony in which the knife
or sword is significant to the performance of the ceremony.

§ 46.03. Places Weapons Prohibited

     (1) on the physical premises of a school or educational institution,
any grounds or building on which an activity sponsored by a school or
educational institution is being conducted, or a passenger transportation
vehicle of a school or educational institution, whether the school or
educational institution is public or private, unless pursuant to written
regulations or written authorization of the institution;





-----Original Message-----
From: Baronman at aol.com <Baronman at aol.com>
To: ansteorra at ansteorra.org <ansteorra at ansteorra.org>
Date: Monday, September 25, 2000 3:49 PM
Subject: ANST - Swords and Barney Fife


>I gave a demo to my 8th graders today and dressed in 17th century garb with
>an appropriate sword as an accessory, with the permission of my principal.
>HOWEVER-the school's police officer,( we will call him "Barney" ) stated
that
>the sword was illegal to transport or display in public.  I showed to him
my
>principal's permission document, and he said OK but it was still
technically
>illegal.  I told him that there was State legislative permission as long as
>it was (a. part of a demo) and (b. from a member of a historical
>reconstruction group).  Barney said he believed me but he would still like
to
>see it in writing.  Can any one on the list head me in the right direction
>for this state statute or is this only an SCA urban legend?
>
>Baron Bors
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