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Just wondering
Posted: Fri Sep 23, 2011 4:43 pm
by Keith
I Was at Walmart today looking at bullets when I saw a Winchester Bowie knife with an 8 inch blade. I was wondering how could they sell this being that there illegal in Texas. Im not looking to buy I was just curious. I did a search and didnt find any info.
Re: Just wondering
Posted: Fri Sep 23, 2011 4:49 pm
by tbrown
They can sell it the same way they sell an 8" chef knife. Because neither are illegal to own. You can use the chef knife in your kitchen and you can use the bowie while hunting. Or vice versa if you want.
Re: Just wondering
Posted: Sat Sep 24, 2011 2:39 pm
by seamusTX
You are correct that you can carry a long knife when hunting or fishing.
You can also buy swords. They do not have any practical or sporting use. They are used by re-enactors and in certain ceremonies (which are stated exceptions in the statutes) .
I've even seen a weapon that could be defined as brass knuckles for sale.
The fact is most of these prohibited weapon statues are used only when the authorities have already decided to prosecute someone, and are looking for a justification.
Probably bombs and zip guns are the only things that really are prohibited, and possession will be prosecuted any time they are found.
- Jim
Re: Just wondering
Posted: Sat Sep 24, 2011 2:49 pm
by The Mad Moderate
seamusTX wrote:You are correct that you can carry a long knife when hunting or fishing.
You can also buy swords. They do not have any practical or sporting use. They are used by re-enactors and in certain ceremonies (which are stated exceptions in the statutes) .
I've even seen a weapon that could be defined as brass knuckles for sale.
The fact is most of these prohibited weapon statues are used only when the authorities have already decided to prosecute someone, and are looking for a justification.
Probably bombs and zip guns are the only things that really are prohibited, and possession will be prosecuted any time they are found.
- Jim
I thought zip guns were legal, as far as I know its ok to make your own gun.
Re: Just wondering
Posted: Sat Sep 24, 2011 3:01 pm
by seamusTX
If you made a complete firearm according to the blueprints of an existing model or something close, probably it would technically be legal. If you ever got crosswise with the cops, you would have to explain why it did not have a serial number.
I am not a lawyer, etc., but I would very strongly recommend anyone who wants to make a firearm from scratch get the appropriate federal license.
Zip guns usually are made from stuff you could buy in a hardware store, like pipe and duct tape.
- Jim
Re: Just wondering
Posted: Sat Sep 24, 2011 3:04 pm
by Heartland Patriot
seamusTX wrote:You are correct that you can carry a long knife when hunting or fishing.
You can also buy swords. They do not have any practical or sporting use. They are used by re-enactors and in certain ceremonies (which are stated exceptions in the statutes) .
I've even seen a weapon that could be defined as brass knuckles for sale.
The fact is most of these prohibited weapon statues are used only when the authorities have already decided to prosecute someone, and are looking for a justification.
Probably bombs and zip guns are the only things that really are prohibited, and possession will be prosecuted any time they are found.
- Jim
I am pretty sure its okay to own and have on your own property, but an 8" Bowie knife basically isn't legal to carry around. This would be due to both it being over 5.5" AND a "bowie" knife...which is why I'm buying a LESS than 5.5" tanto point knife in the near future.
Re: Just wondering
Posted: Sat Sep 24, 2011 3:22 pm
by seamusTX
You can't just walk around with a Bowie knife to trim your toenails, but most of the exceptions in PC 46.15 apply to handguns and knives. Oddly, clubs are the item that gets special treatment.
- Jim
Re: Just wondering
Posted: Sat Sep 24, 2011 9:45 pm
by Thomas
loadedliberal wrote:I thought zip guns were legal, as far as I know its ok to make your own gun.
Before last week, I thought they were illegal, but then someone in this forum posted wording or something from the federal laws and said that you only need the license if you are selling it, but now I can't find that post. So now, I have no idea
Re: Just wondering
Posted: Sat Sep 24, 2011 10:11 pm
by seamusTX
Federal law does not prohibit making a firearm for your own use. That is because federal firearms law still clings (however feebly) to the concept of interstate commerce.
State law can prohibit it, and Texas law does, depending upon the definition of zip gun.
- Jim
Re: Just wondering
Posted: Sat Sep 24, 2011 10:32 pm
by BrianSW99
The Texas definition of Zip Gun is:
(16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.
Brian
Re: Just wondering
Posted: Sat Sep 24, 2011 10:37 pm
by Thomas
§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he 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; or
(9) a zip gun.
§ 46.01. DEFINITIONS. In this chapter:
(16) "Zip gun" means a device or combination of
devices that was not originally a firearm and is adapted to expel a
projectile through a smooth-bore or rifled-bore barrel by using the
energy generated by an explosion or burning substance.
Of course by that definition, the guns you buy at a store from Ruger, Sig Sauer, etc are zip guns. A gun doesn't just pop into existence, they are all made from devices that were not originally a firearm.
Where is the line drawn between a federally-licensed manufacturer building a gun and me building a gun in a machine shop from stock materials as apposed to pipes and other unconventional materials purchased at a local hardware store? Or is that the line, stock materials versus unconventional materials from a local hardware store? Or is the line at whether you're licensed or not?
Re: Just wondering
Posted: Sun Sep 25, 2011 3:56 pm
by boba
Thomas wrote:loadedliberal wrote:I thought zip guns were legal, as far as I know its ok to make your own gun.
Before last week, I thought they were illegal, but then someone in this forum posted wording or something from the federal laws and said that you only need the license if you are selling it, but now I can't find that post. So now, I have no idea
Something can be illegal under Texas law even though there's no Federal law against it. Like carrying a Bowie knife.