TX knife & club legislation

[tyme]

I sent this to my reps (Hartnett and Carona) today, but if a bunch of TX residents want to send similar suggested legislation to their reps it might hammer a clue or two into the legislature's collective consciousness.

No, it's not ideal, but even this has about a snowball's chance of being proposed, and even less chance of passing.

The AKTI doesn't seem too concerned with trying to pass modifications to current state laws, so I consider them useless.

A Bill-
To provide for lawful use of common tools currently prohibited by the vague and overbroad knife and club sections of Texas's Penal Code, Chapter 46.


Section 1; Findings:
a) Knives commonly known as "balisongs", "butterfly knives", "switchblades", and "gravity knives" are not inherently more dangerous to others than any other type of knife, particularly fixed blade knives, which are already legal to carry both openly and concealed.
b) Current law is too restrictive in that:
1) Many popular knives exceed 5" but are nevertheless primarily intended for hunting, fishing, or other utilitarian use.
2) The prohibition on clubs is vague and overbroad, as possession of any moderately heavy object can be declared a crime by a peace officer.
3) The "mace" prohibition is unnecessary, since they are largely unconcealable and do not represent a noticeable crime problem.
4) The "tomahawk" prohibition is vague and overbroad, potentially encompassing any hatchet, axe, or other such tool.
c) Additional criminal penalties for common tools and implements that can be used as weapons are insignificant for violent criminals.


Section 100; Texas Penal Code Ch. 46, is modified by:

a) striking 46.01 (1)
b) replacing 46.01 (6) with:
(6) "Illegal Knife" means a knife or other bladed weapon with one or more sharpened edges that exceed 7 inches, measured diagonally from tip to the beginning of the edge; however, "illegal knife" shall not be construed to include any knife commonly used for the purpose of food preparation.

c) striking 46.01 (11)

d) in 46.02 (a), replacing "...handgun, illegal knife, or club..." with "...handgun or illegal knife..."

e) striking "or club" from 46.03 (i)

f) striking 46.05 (a)(5)

g) replacing 46.05 (d)(1) with:
(d) (1) was incidental to dealing with a short-barrel firearm solely as an antique or curio; or

h) in 46.06 (a)(2), replacing "...firearm, club, or illegal knife..." with "...firearm or illegal knife..."

i) striking 46.15 (c) and (d)

j) in 46.15 (f), replacing "...a firearm or club..." with "...a firearm..."

k) in 46.15 (g), replacing "...handgun, illegal knife, or club..." with "...handgun or illegal knife..."

z) renumbering and relettering lists and references appropriately.

 

[sevenpoint62mm]

I'm also in Dallas and would second support for this.

 

[tyme]

Email or send it to your reps. I'm going to call mine after a few days to make sure they've had sufficient time to read or ignore my email.

http://www.capitol.state.tx.us/fyi/fyi.htm

Essentially what I posted changes the limit from 5" to 7", removes all non-length restrictions, provides an additional exception for kitchen knives, and entirely removes the ban on clubs.

It also eliminates vagueness about knife measurement by declaring the blade length to be the distance from tip to the end of the edge, rather than tip to handle.

Most significantly, this would allow:
1) carry of balisongs and switchblades
2) carry of knives up to 7" (e.g. most SOG knives, camillus max, vacquero grande )
3) carry of an ASP or similar baton.

 

[Drizzt]

...but I want to carry my Tomahawk too.....

http://www.americantomahawk.com/products/ranger/models/fgs2.htm

always gotta be the Devil's Advocate.....

 

[tyme]

It gets rid of the entire club/tomahawk prohibition. I didn't think being able to carry a tomahawk was as notable as being able to carry an asp, so I didn't mention tomahawks in the exec. summary.