[Ansteorra] zero tolerance, stupidity, and the SCA

Dave Wise drwise at houston.rr.com
Tue Dec 19 17:08:54 PST 2006


In case anyone is curious, here is a link to the Texas Penal Code 
<http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm> .  Chapter 46 sets out 
the law on illegal weapons.  As a general rule, it is illegal to carry 
any club or knife with a  blade over 5 1/2", whether it is concealed or 
not.  The 'exceptions' that we rely upon are contained in Section 46.15 
b.(4):
 
[Exception for when the person:]

(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;

There is also another section that may apply in Section 46.15 e:

(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.

I have found it handy to go directly to the source anytime there is a 
question as to what is 'legal' or not.

With regards,
Alexis

>I think that the kind of thinking demonstrated by this
>high school yearbook incident could impact us more
>than we like to think it will.  We are a large group
>of frequently strange looking people, some of whom are
>unusually socialized, who carry a lot of weapons,
>facimiles of weapons, and things that might be weapons
>if we chose to use them that way, in public places. 
>Most of us violate local weapons ordinances frequently
>and thoughtlessly, if the strict letter of those
>ordinances is applied to us.  Most major cities, and
>many minor ones, have blade lenght laws that make
>carrying a sword, dagger, dirk, halberd etc. illegal. 
>We say they are props, but if your prop will cut
>someones head of, it's a weapon.  We use rattan
>'weapons' for mock combat as sporting equipment.  If I
>decided to do so, I could certainly beat the snot, and
>probably the life out of an unarmored opponent with my
>'swords' and could certainly do so with my 'glaive'. 
>Baseball bats are sporting equipment, but every local
>cop shop has a few in the storeroom that have been
>confiscated as weapons.  How many of us carry these
>'not really weapons' in our cars while passing through
>school zones on our way to fighter practice and
>events.  Those school zones are 'zero tolerance
>enforcement' zones for weapon possession, and they are
>in force whether school is in session or not.  In many
>locations a weapon in a car is considered concealed,
>no matter how large or obvious it may be (although my
>understanding is that Texas is far looser than most of
>the rest of the nation on this point).  So if I get
>pulled over while passing through a school zone with
>for a burnt out tail light, while carrying my large
>cache of 'weapons' 'concealed' in my car, an
>overzealous interpretation of the law could lead me to
>spending a night or more in jail.  In fact, said
>overzealous cop would find himself with much better
>ground to stand on than our friend the Rhode Island
>principal.
>
>I know I am not the only person on this list who has
>had to explain to law enforcement what all the toys in
>the back seat were for.  We rely on our fellow
>citizens, and their law enforcement representatives,
>to critically evaluate us and recognize that we are
>not dangerous to them.  If we are not vigilant against
>the tendency to deprive officials of their ability to
>use discretion, then we risk subjecting ourselves to
>even more senseless regulation than we already have. 
>How many stupid rules do we already have to conform to
>because we cannot count on the enforcers of those
>rules to recognize the spirit rather than the letter
>of them.
>
>In the grand scheme of things, who really cares if
>this kid gets his picture in the yearbook.  If this is
>the greatest injustice he encounters in his life, then
>he has nothing to complain about.  If I could have
>gotten my picture in the yearbook holding a sword, I
>would have done it too, but back then, you got the
>picture they took of you on picture day, zits and all.
> But the decline of intelligent decision making in
>school principals, and other important administrators,
>is dangerous to us as a group, and in my opinion, to
>the nation as a whole.  If this guy doesn't have the
>decision making ability, the understanding of the
>rules, and the diplomacy to solve this problem to
>everyones reasonable satisfaction without it becoming
>a federal case, he doesn't need to be managing a
>school.  
>
>I'll get of this soapbox now,
>
>Laszlo
>
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