ES - Fwd: ANST - SCA weapons and the law (long)

[Paul Mitchell]

Mara reposted what Master Tivar Moondragon wrote:
> 
> Since this is related to the discussion we had last week re: this subjct, I
> thought I would post it here . . . ..      Mara
> 
>     ---------------------------------------------------------------
> 
> Subject: ANST - SCA weapons and the law (long)
> Date: Sat, 20 Jun 1998 00:55:04 -0500
> From: Chris and Elisabeth Zakes <moondrgn at bga.com>

<snip>

> 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.

<things making me feel that my right to keep and bear arms -- and I
mean swords, not "assault weapons" -- have severely been abridged,
snipped>

>         -Tivar Moondragon
>    aichmophile and legalist

All of which means that I either don't take cooking knives camping with
me,
or I buy an axe at Home Depot and keep that in the truck with my swords.
I can't believe they'd gig you for a mundane wood-chopping axe; I think
it's
just when they see that unfamiliar sword.

- Galen
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