Your Sword is a Weapon under Texas Penal Code!

Hello to all Texas Bellydancers!

I recently took a class that involved going over some of the Texas Penal Code, and during this discussion, my instructor, Officer Calvin Tidwell (with the Lake LBJ Police Department) enlightened me as to the fact that my bellydance sword (which I had in the backseat of my car), was a Class A Misdemeanor (even though it's a dance prop). This means we could be hauled off to jail on the spot (depending on the officer and on any other circumstances [alcohol, attitude, etc], fined up to $4,000 and/or confined in jail for up to one year.

I was advised to keep the sword in my trunk as I travel from place to place, which I'm now doing!

The kicker to all of this is that it's also prohibited to even possess the sword on the grounds (but not the parking lot) of an educational institution, which means University of Texas and all the times we've danced with swords at Mirage. UT can help us get around that by providing written authorization to Mirage and Mirage-affiliated performers that possession of the swords is OK, I'm just pretty sure that's never been done or addressed.

It becomes a *third degree felony* (punishable by no fewer than 2 years but no more than 10 years in prison and fined up to $10,000) to possess it on the grounds of an establishment with a liquor license, so get something in writing before you dance at a bar or restaurant!

This is the gist of what I learned. The actual pertinent sections of the Texas Penal code are below.

Dance Safe!

Dana ('Alimeh)

Actual Pertinent Texas Penal Code

  • As per 46.01, section (6) "Illegal knife" means a: (A) knife with a blade over five and onehalf inches; (E) sword.

  • As per 46.02. Unlawful carrying weapons.
    1. A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.
    2. Except as provided by Subsection (c), an offense underthis section is a Class A misdemeanor.
    3. An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

  • As per 46.03. Places weapons prohibited.
    1. A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or a prohibited weapon listed in Section 46.05(a):
      1. on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, Or a passenger transportation vehicle of a school or educational institution, whether die school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
      2. on the premises of a polling place on the day of an election or while early voting is in progress;
      3. in any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
      4. on the premises of a racetrack; or
      5. in a secured area of an airport.

  • Class A Misdemeanors are punishable as per Section 12.21 by
    1. a fine not to exceed $4,000;
    2. confinement in jail for a term not to exceed one year; or
    3. both such fine and confinement.

  • Third Degree Felonies are punishable as per Section 12.34 by
    1. An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.
    2. In addition to imprisonment an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

UPDATE!

I received email from a nice person giving some elaboration on the law. He reports that there is an additional section:

    46.15 Nonapplicability

      (e) the provisions of Section 46.02 prohibiting the carrying of an illegal knife DO NOT APPLY to an individual carrying a bowie knife or sword used in a historical demonstration or in a ceremony in which the knife or sword is significant to the performance of the ceremony.

He says that the sword is NOT a weapon under Texas law once it has arrived at a location (such as Ren Fest, a local performace, etc). The key is the word "significant", in that the sword is an integral part of a "sword dance".

The "weapon" part from above only applies to carrying it, meaning transporting it to and from the dance or practice location. When in doubt, put it in the trunk, which applies to any weapon that is listed under the prohibited listing.

Section 46.03 still requires you to get written authorization to carry the sword on the locations outlined in that section, unless there is a specific regulation that allows you to do so, i.e. if the school has it written in a handbook, or other regulations source that it is allowed, then you don't need a written permission each time. Unfortunately, this does not apply to UT, but possibly it does to other schools; it would be prudent to call ahead and check if you have doubts. (Canes, as an FYI, have now been banned from campus because of a fraternity incident, and the dancers can't carry them at all!)

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