Texas PC 46 Question

[puma guy]

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device;
(9) a zip gun; or
(10) a tire deflation device.

I can only assume this is some sort of piercing device, maybe mechanical, that punctures a tire? Anyone know what it's in reference to? A knife or ice pick could be a tire deflation device couldn't it? Even one of those valve removing tools that I carry in my truck so I can add Slime.

[Keith B]

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device;
(9) a zip gun; or
(10) a tire deflation device.

I can only assume this is some sort of piercing device, maybe mechanical, that punctures a tire? Anyone know what it's in reference to? A knife or ice pick could be a tire deflation device couldn't it? Even one of those valve removing tools that I carry in my truck so I can add Slime.

This may be referring to spike strips. There was a time that spike strips were being used by robbers to throw out and disable cop cars that were in pursuit.

[puma guy]

Well, once again leave it to Texas Legislators for idiocy and vaugueness.

[gigag04]

Thank Senator Juan Hinojosa (D - McAllen) for this tidbit..

apparently he felt that "Caltrops" .. *google image:



were so dangerous, he got it passed this last session and added to the list of prohibited weapons..

It doesn't matter that that the percentage of crooks have never used them, never heard of them.. but someone "might" or he heard of a James Bond type device that a bad guy could mount under his car, causing the pursing police to wreck out..

Actually the cartels have started using these against caltrops TxDPS and CBP officers for years. I watched a neat video on NGTV where they flew with TxDPS in the helicopter with a DPS Swat sniper. A drug mule got in a high speed chase and started dumping these out the window towards the troopers on the ground. That gave the sniper a green light to engage from the helo - pretty cool stuff IMHO.

Most times they're not as extravagant as what is pictured above...more often than not its a clump of nails tack welded together. Not good stuff even for the Z rated tires on most LE vehicles.

[Beiruty]

Short barrel rifle znd full auto can be legal with Fed stamp. Nonetheless, they are prohibited in teaxs? Where is the exception for those with valid Fed stamps?

[gigag04]

Short barrel rifle znd full auto can be legal with Fed stamp. Nonetheless, they are prohibited in teaxs? Where is the exception for those with valid Fed stamps?

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device;
(9) a zip gun; or
(10) a tire deflation device.
(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.

[Beiruty]

And there is a legal definition for tire deflating devices at the begining of chapter 46

[puma guy]

And there is a legal definition for tire deflating devices at the begining of chapter 46

Thanks, Beiruty. I missed that even after a quick search for definitions.

[Keith B]

Actually the cartels have started using these against caltrops TxDPS and CBP officers for years. I watched a neat video on NGTV where they flew with TxDPS in the helicopter with a DPS Swat sniper. A drug mule got in a high speed chase and started dumping these out the window towards the troopers on the ground. That gave the sniper a green light to engage from the helo - pretty cool stuff IMHO.

Most times they're not as extravagant as what is pictured above...more often than not its a clump of nails tack welded together. Not good stuff even for the Z rated tires on most LE vehicles.

Yeah, I had said spike strips, but meant any of the spike type devices. Knew they were being used. Anything like that will disable a cruiser pretty easily.

[MasterOfNone]

And there is a legal definition for tire deflating devices at the begining of chapter 46

Thanks, Beiruty. I missed that even after a quick search for definitions.

36.01(17) “Tire deflation device” means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. The term does not include a traffic control device that:
(A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and
(B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device.

Doesn't this describe just about any metal object? I think they forgot the words "... designed or intended to ..."

[C-dub]

No kidding. Most, if not all, of the tire gauges I've ever owned have that little nub on the back side for letting air out of the tire if they are over inflated. They could be considered tire deflation devices.

[WildBill]

No kidding. Most, if not all, of the tire gauges I've ever owned have that little nub on the back side for letting air out of the tire if they are over inflated. They could be considered tire deflation devices.

Guilty!

[C-dub]

No kidding. Most, if not all, of the tire gauges I've ever owned have that little nub on the back side for letting air out of the tire if they are over inflated. They could be considered tire deflation devices.

Guilty!

I was looking for a smilie in handcuffs.