Is open or concealed carry of a axe hatchet or meat cleaver lawful in TX

[philip964]

http://www.nbcnewyork.com/news/local/NY ... 11721.html

I'm of course meaning carrying in a non threatening manner.

I remember back in the Viet Nam era many soldiers carried hatchets for when things got really bad.

Then there is the movie Last of the Mohegans where an axe was very effectively used.

If so, what about places that were posted?

[locke_n_load]

If the blade is less than 5.5" in length, you should be good to go in Texas.
If it is more than that, I believe you need an LTC to carry it, and it might be dependent on whether or not you are carrying a handgun under the authority of your license. There is a lengthy thread over at texasguntalk.com about a member there named "matefrio" who actually got arrested for carrying a bowie knife and either the charges were eventually dropped or he won the case.
I am not a lawyer and this is not legal advice, fyi.

[thechl]

As I recall, there are very few restrictions against knives in Texas. One, however, is that the blade cannot be longer than 5 1/2 inches. Furthermore, the most recent legislative session prohibited municipalities from superceding state knife law. So if the blade of the hatchet/axe/cleaver was no greater than 5.5 inches, I think you're good.
tde

[ScottDLS]

What about a "poniard" ?

[denwego]

The thing which would make a hatchet iffy in my mind is the definition of "club" in §46 -

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.

"Tomahawk" isn't further defined, but the general dictionary meaning which would probably be applied is a handheld axe (as opposed to a two-handed axe). The unpleasantly ambiguous aspect of this definition for me is the fact that "club" contains the phrase specifically designed, made, or adapted for use as a weapon. The courts in Texas have interpreted this through precedent to mean that a baseball bat is not a club, because it was not "specifically designed, made, or adapted" to beat someone with, but a piece of wood with some leather wrapped around it for a hand IS a club, because it was built specifically to use as a weapon, originally.

If you buy a hatchet at Home Depot and happen to use it in self-defense, you can argue that it wasn't originally made as a weapon and therefore isn't a club, BUT, it might be inherently a "tomahawk", too, in the way that a "bowie knife" doesn't need to be longer than 5.5 inches to be an "illegal knife"; its inherent nature is defined as such. I've never found any court cases dealing with tomahawks, hatchets, or the like, so I wouldn't be willing to be the test case.

BTW, it might be moot for the reasons mentioned over at Texas Gun Talk - §46.02 doesn't apply to someone legally carrying a handgun and a LTC... the plain language of §46.15 would state that with a handgun and LTC, illegal knives and clubs can also be carried. It's a razor-dangerous argument, but yes, that guy in Austin was arrested for carrying an illegal knife along with his pistol and license, and he had the charges dismissed by what I assume was a very aggravated assistant district attorney who would've loved nothing more than to have slammed a guy who tried to push the envelope in Travis County. If the Travis DA's office won't accept charges for that interpretation, it's fairly safe to assume that that reading is correct, at least in practice if not in fact.

[LucasMcCain]

Not that I intend to do so, just wondering...

So if I carry around an axe handle, that's not a club, because it is unmodified and was not originally designed to be used as a weapon?

Also, I can carry an illegal knife or club, as long as I am also carrying a handgun and my LTC? Because I've always wanted to ride around on my motorcycle with a sword strapped to my back and a gun on my hip.

[casp625]

Not that I intend to do so, just wondering...

So if I carry around an axe handle, that's not a club, because it is unmodified and was not originally designed to be used as a weapon?

Also, I can carry an illegal knife or club, as long as I am also carrying a handgun and my LTC? Because I've always wanted to ride around on my motorcycle with a sword strapped to my back and a gun on my hip.

Technically, according to 46.15:

Sec. 46.15. NONAPPLICABILITY
...
(b) Section 46.02 does not apply to a person who:
...
(6) is carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster;

So if you are carrying your LTC AND a handgun, 46.02 does not apply.

[JALLEN]

Nobody has been able to tell me how to distinguish an illegal Bowie knife from a perfectly legal knife.

Perhaps the statute is void for vagueness.

[philip964]

Not that I intend to do so, just wondering...

So if I carry around an axe handle, that's not a club, because it is unmodified and was not originally designed to be used as a weapon?

Also, I can carry an illegal knife or club, as long as I am also carrying a handgun and my LTC? Because I've always wanted to ride around on my motorcycle with a sword strapped to my back and a gun on my hip.

Technically, according to 46.15:

Sec. 46.15. NONAPPLICABILITY
...
(b) Section 46.02 does not apply to a person who:
...
(6) is carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster;

So if you are carrying your LTC AND a handgun, 46.02 does not apply.

Ooh. The legislature does not want to prevent less deadly options to defend your self if you are legally carrying.

[TreyHouston]

Also, I can carry an illegal knife or club, as long as I am also carrying a handgun and my LTC? Because I've always wanted to ride around on my motorcycle with a sword strapped to my back and a gun on my hip.

You make me want to buy a motorcycle now!