# need some advice on Texas law



## skullfr (Jun 19, 2012)

Putting together a bag of woe for the thug crowd.I am having a question on a weapon.I want to carry a manriki chain(36inch chain with weights on each end to give me a reach advantage.)The DPS laws are hard for me to understand sometimes so maybe a lil sage advice if ya got em.Here is what the law says

(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

I want something to carry in case it is not a deadly force issue but want a lil reach as a asp is illegal.I have carried these and it is a great weapon.I am trying to stay legal now as I am too old to go to jail.They wont let me mount a machine gun on my wheelchair dangit.


----------



## Steve M1911A1 (Feb 6, 2008)

Well, I'm not from Texas, nor do I know anything about Texas law, but I can define a couple of weapons for you.

1. A blackjack is a weight on the end of a flexible handle, all of which is covered in leather. Or it could be a weighted sock.
2. A mace, normally a spike-studded striking weight at the end of a stick, could be construed to include the "morning star," which is the same thing as a mace, but with a flexible chain between head and handle.
3. A nightstick is merely a stout, short stick.
4. A tomahawk is a small axe, with a sharp, weighted edge at the end of a stiff handle.

Normally, the word "club" would indicate a stiff, one-piece stick, perhaps with an enlarged or weighted end.
The "odd men out" here are the blackjack and the "morning star" version of the mace. They are flexible.
All of the others are stiff and inflexible striking instruments.

From my (purely logical) point of view, I think that Texas law would believe your manriki to be a club, within the meaning of their definition.
But the very best thing that you could do would be to consult an attorney who practices Texas law.

And carry a gun.
Better, carry two guns.


----------



## denner (Jun 3, 2011)

Mace is considered a club? I'd say yes if it was adapted for such purpose to inflict serious bodily injury or death, but no if it is generally used for some other purpose. The Texas Court of Criminal Appeals upheld that nun-chucks were considered a club like device under the statute, but some contraption as yours devised with a motorcycle chain and rope was not considered a club like device under the statute. I assume it would be up to judicial interpretation at the lower court and always up for interpretation in the criminal appeals court if appealed after conviction. If you contact the Attorney Generals office they can give you an answer, but if you designed it soley to inflict death or serious bodily injury upon another and it has no other benign use i'd bet the house it would be considered a club like device under the statute. Baseball bat, rolling pin, tire iron for example are all considered not to be clubs under the statute as they are designed not to be used as deadly weapons as their primary use, however they sure could be used as such.

http://ss.utpb.edu/media/files/university-police/TEXAS-WEAPON-LAWS.pdf


----------



## bubbinator (May 15, 2012)

I'm sorry about your lack of choice in SD weapons. You need to move to Al-For $20. for a permit from the local Sheriff-if you pass the local/NCIC check you can carry any handgun!-Long guns(shotguns/rifles are free. Be advised your peer group will be under scrutiny-as it should be-RE-Colorado!


----------



## Shipwreck (Jan 26, 2006)

I actually run a Texas orientated gun forum. We're not allowed to post links for other forums, so PM me and I'll give you the link. You can ask there. Someone might know specifics enough to get you a definite answer...

However, being a probation officer here in TX, I gotta say that I would be very surprised if that were not considered a prohibited weapon. I've been to some trainings over the years, and one was put on by the Dallas Co DA's office. They had 2 tables worth of weapons taken off of people for years. They showed all this stuff, and talked about how little changes to some things can make an object go one way or the other (prohibited or allowable). Anyway - its been a while, but there were all sorts of things on that table.

Since I don't arrest people but deal with them after they have gone thru the court system, I can't say I'm familiar enough with all the specifics of prohibited weapons to give you a definite answer. But, I would also say that getting legal advice on an internet forum is not the way to go either. However, as it is unfortunate that you can't probably get a decent answer from a police office (ask 5, and 3 will probably tell you one thing, and 2 another), it may be tough to get a definitive answer. Best bet is to ask an attorney.

I will say that I do not think carrying that is a good idea. I think you could be arrested for having that depending on who the police officer is who comes across you with that thing (if any ever did).

Some states have a concealed weapon's permit, allowing people to even conceal a sword if they wanted to (as impractical as that is). In TX, it's just a handgun permit. And, carrying anything else but a small knife is typically not allowed. Many times police will arrest you for such things - and even if the prosecutor drops it, you've still been arrested and had to go thru all the hassle that entails (plus, the arrest is always on your record)


----------



## skullfr (Jun 19, 2012)

I agree with yall and thanks for the answers.I am trying to have tools on me that will cover all bases as not all situations require a deadly force.That quote was straight from DPS handbook.I would hate to kill a man if it didnt really require that response,but I guess the law forces the issue and would have to rely on the disparity of force law.I carry a roll of quarters as it is technically legal and brass knuckles arent.The quarters are just as effective.I wanted a asp to give me some reach from my wheelchair.I am trained in the use of a manriki chain and it is a great weapon to disarm and control an opponent.Kind leaves me back to just knuckle up.I just aint a youngun no more.I am just trying to stay legal for once in my life


----------



## crescentstar69 (Sep 24, 2011)

Don't know Texas law either, but the comment referring to mace probably means the medieval striking tool called a mace. Chemical Mace is a brand name for aerosol weapons that has been generalized to include all chemical weapons, kinda like tissues being called Kleenex, etc.

As far as legality, consult a Texas attorney. The old, "people on the Internet said it was OK your honor" defense won't fly if you find yourself in trouble.


----------



## njmike (Jul 28, 2012)

.380 ACP is always on my belt.


----------

