What Is Law HB 1935?
Texas House Bill 1935, commonly known as HB 1935, is a significant piece of legislation that has had a considerable impact on the laws governing the carrying of bladed weapons in the state of Texas. Signed into law by Governor Greg Abbott, this bill came into effect on September 1, 2017. It allows adults in Texas to openly carry knives with blades longer than 5.5 inches. The law is not limited to just knives; it also includes other types of bladed weapons like daggers, spears, and even machetes.
The primary objective behind the enactment of HB 1935 was to expand the rights of individuals. Ahnna Escobedo, a general manager at the House of Blades in Fort Worth, stated that the law aims to give people more freedom and rights, allowing them to carry what they want openly. This move is seen as a reflection of the broader Texan ethos of individual liberty and self-reliance.
Initially, the bill faced some resistance and was shelved temporarily due to a tragic incident in Austin. A man wielding a large hunting knife killed a student at the University of Texas and injured three others. This incident raised concerns about the potential risks of liberalizing blade-carrying laws. However, the bill was eventually passed, marking a significant change in the legal landscape.
Restrictions and Limitations
While HB 1935 liberalizes the carrying of bladed weapons, it does come with specific restrictions aimed at balancing individual freedoms with public safety. The law does not apply in certain designated areas such as schools, prisons, hospitals, amusement parks, and places of worship. Additionally, long blades continue to be banned at sports events, and carrying a sword into a bar is also prohibited.
Public Perception and Law Enforcement
The law has generated mixed reactions from both the public and law enforcement agencies. Clint McNear, a former Garland Police detective turned private law enforcement consultant, believes that the law will not significantly alter the public’s daily life. He likens the situation to the legalization of open carry for firearms, noting that initial fears about widespread carrying and potential violence did not materialize.
From a practical standpoint, the law raises questions about the utility and safety of carrying large bladed weapons. Ahnna Escobedo points out that smaller blades are often more of a concern because they can be drawn more quickly compared to large weapons like swords, which require more time and effort to unsheathe.
Broader Legal Trends
It’s worth noting that Texas is not alone in liberalizing its laws on bladed weapons. States like Montana and Oklahoma have also passed similar laws, lifting their bans on certain types of bladed weapons, including swords.
In summary, HB 1935 represents a significant shift in Texas law, liberalizing the rules around carrying bladed weapons while still maintaining certain restrictions for public safety. It reflects a broader trend in American law toward expanding individual freedoms, but not without generating debate and discussion on the balance between personal liberty and public safety. The law serves as a compelling example of how societal values, public safety concerns, and individual liberties can intersect in complex ways.
The Legality Of Swords In Texas
The legality of carrying swords in Texas is a topic that has garnered attention, especially since the state passed a law allowing the open carry of bladed weapons longer than 5.5 inches. This law, which came into effect on September 1, 2017, was signed by Texas Governor Greg Abbott and covers not just swords but also daggers, spears, and machetes. The law was enacted with the intent of expanding individual freedoms, allowing people to carry the bladed weapons they desire openly. Ahnna Escobedo, the general manager at the House of Blades in Fort Worth, mentioned that the law aims to give people more rights and make them feel free to carry what they want, describing it as a “Texas move right there”.
Why Was This Law Necessary
The necessity of Texas House Bill 1935 (HB 1935) can be understood from multiple perspectives, including the desire for individual freedoms, the need for legal clarity, and the broader cultural context of Texas and the United States.
Individual Freedoms and Rights
One of the primary reasons cited for the enactment of HB 1935 was the expansion of individual freedoms and rights. Texas has a long-standing tradition of valuing individual liberties, including the right to bear arms. The law was seen as an extension of this ethos, allowing people more freedom to carry bladed weapons of their choice. Ahnna Escobedo, the general manager at the House of Blades in Fort Worth, stated that the law aims to give people more rights and make them feel free to carry what they want openly.
Legal Clarity and Simplification
Before HB 1935, the laws governing the carrying of knives and other bladed weapons in Texas were somewhat complex and confusing. Different types of knives were subject to different rules, and there were various restrictions based on blade length and type. HB 1935 aimed to simplify these laws by setting a straightforward blade length criterion (5.5 inches) for legal open carry, making it easier for citizens to understand what is allowed and what is not.
Public Safety Considerations
While the law liberalizes the carrying of bladed weapons, it also includes specific restrictions aimed at public safety. By clearly stating where such weapons cannot be carried (e.g., schools, hospitals, bars), the law aims to strike a balance between individual freedoms and community safety. These restrictions were likely included to address concerns about the potential misuse of such weapons, especially in sensitive or crowded areas.
Cultural and Historical Context
The law also reflects the cultural and historical context of Texas, where the carrying of knives and other weapons has long been a part of the state’s history and identity. The open carry of bladed weapons can be seen as a modern manifestation of this tradition, aligning with the state’s rugged, independent spirit.
Response to Broader Legal Trends
Texas is not alone in liberalizing its laws on bladed weapons. States like Montana and Oklahoma have also lifted bans on certain types of bladed weapons, including swords. HB 1935 can be seen as part of a broader trend in American law toward expanding individual freedoms, even as it generates debate and discussion on the balance between personal liberty and public safety.
Addressing Public and Law Enforcement Concerns
The law also took into account the concerns of law enforcement agencies and the public. By setting clear guidelines, it helps police officers know what to expect and how to enforce the law. It also addresses public concerns by restricting the carrying of bladed weapons in certain sensitive areas.
The Deadly Outcome
In a world where the unexpected often collides with the unimaginable, the stories of Shavone Canales, Ethan Isaiah Scott, and Kenneth Wayne Lockings Jr. serve as chilling reminders of the lethal potential of bladed weapons.
From a near-miss spear attack in San Antonio to fatal samurai sword incidents in Lubbock and Houston, these cases not only shock the conscience but also provoke critical discussions on weapon regulation, mental health, and the complexities of human behavior. As we delve into the harrowing details of these incidents, we are forced to confront the darker aspects of society and the urgent need for solutions to prevent such tragedies.
Deadly Strike By A Spear
In San Antonio, Texas, a local woman, Shavone Canales, expressed her shock and fear after a 5-foot spear pierced her car’s windshield, narrowly avoiding hitting her. The incident occurred around 9 p.m. on a Sunday night as Canales was in route to a friend’s residence near Converse. Upon realizing that a spear had penetrated her windshield and embedded itself in the steering column, just a few inches above her lap, she immediately dialed 911.
Canales described the experience as terrifying and unexpected. She captured the aftermath on her cellphone, recording as forensic experts meticulously extracted the 5-foot hunting spear from her vehicle.
While the motive remains unclear, Canales suspects that the spear was deliberately thrown at her. “This wasn’t a case of road rage or anything like that. It was completely random and unprovoked,” she stated, adding that she believes the perpetrator intended to cause harm. “I’m just grateful to be alive, especially considering I have children,” she said.
Although Canales was unharmed, the incident will have financial repercussions for her. She estimates that repairing her shattered windshield will cost her around $400.
According to an initial police report, authorities have yet to identify the individual responsible for throwing the spear.
Death By Samurai Sword
Ethan Isaiah Scott is a 20-year-old man who gained notoriety for his involvement in a fatal stabbing incident that occurred in Lubbock, Texas. He was indicted by a Lubbock County grand jury for the murder of 54-year-old Eddie Pair. The incident took place at the Lubbock Square Apartments, located in the 4600 block of 50th Street.
On November 29, Lubbock police received a disturbance call from the apartment complex. Upon arrival, they found Eddie Pair lying on the grass with a stab wound. He was subsequently transported to the University Medical Center, where he succumbed to his injuries. Witnesses at the scene identified Ethan Scott as the perpetrator of the stabbing. According to a juvenile witness, Scott and Pair had been engaged in an argument. As Pair was leaving the apartment, Scott retrieved a Samurai sword and stabbed Pair in the back. After the stabbing, Pair managed to walk outside the apartment but eventually collapsed.
The witness stated that after the stabbing, Scott appeared remorseful, crying and apologizing for his actions before fleeing the scene. Scott surrendered to authorities the following day and was booked into the Lubbock County Detention Center, where he remains. His bond has been set at $250,000. Court records indicate that he is represented by Lubbock attorney Mehr Singh.
Public Reaction and Questions
The case has raised several questions about the safety and regulation of bladed weapons, especially given that Texas law allows for the open carry of such weapons, including Samurai swords. The incident also brings into focus the potential consequences of arguments escalating into fatal encounters, particularly when weapons are readily accessible.
The Almost Beheaded Girlfriend
The case of Kenneth Wayne Lockings Jr. is a harrowing one that involves the murder of his girlfriend, Aracely Jernigan, using a samurai sword. The incident took place in Houston, Texas, and has raised several questions about mental health, domestic violence, and the legality of bladed weapons.
On a fateful day, the Houston Police Department responded to a call about a “cutting in progress” at an apartment. Upon arrival, they found Aracely Jernigan, 36, dead on the living room floor. She had been “nearly” decapitated by a samurai sword. Kenneth Wayne Lockings Jr., 45, was found at the scene by family members before the police arrived. These family members helped him turn himself in to the authorities.
Aracely Jernigan was Kenneth Wayne Lockings Jr.’s girlfriend. She had recently returned to Houston from Mexico, where she had been living with her family. A woman identified as Lockings’ grandmother told the Houston Chronicle that her grandson had been at her home for coffee earlier that day.
Mental Health Concerns
Neighbors of Lockings told the newspaper that he was known to have mental issues. Marie Carrier, one of his neighbors, stated, “He’s really messed up in the head.” This raises questions about the role of mental health in the incident and whether it was a contributing factor to the tragic event.
Kenneth Wayne Lockings Jr. has been charged with murder and is being held in Harris County Jail without bail. He was due in court following the incident. The severity of the crime and the manner in which it was committed could lead to a lengthy prison sentence if he is convicted.
Public Reaction and Implications
The case has garnered significant attention due to the brutal nature of the crime and the weapon used. It has also sparked discussions about the legality and regulation of bladed weapons, particularly samurai swords, in the United States. The incident serves as a grim reminder of the potential dangers associated with domestic violence and mental health issues.
Need Help? Call Us Now!
Do not forget that when you or anyone you know is facing a criminal charge, you have us, the Law Office of Bryan Fagan, by your side to help you build the best defense case for you. We will work and be in your best interest for you and we will obtain the best possible outcome that can benefit you. We can explain everything you need to know about your trial and how to defend your case best. We can help you step by step through the criminal process.
Therefore, do not hesitate to call us if you find yourself or someone you know that is facing criminal charges unsure about the court system. We will work with you to give you the best type of defense that can help you solve your case. It is vital to have someone explain the result of the charge to you and guide you in the best possible way.
Here at the Law Office of Bryan Fagan, we have professional and knowledgeable criminal law attorneys who are experienced in building a defense case for you that suits your needs for the best possible outcome that can benefit you.
Also, here at the Law Office of Bryan Fagan, you are given a free consultation at your convenience. You may choose to have your appointment via Zoom, google meet, email, or an in-person appointment; and we will provide you with as much advice and information as possible so you can have the best possible result in your case.
Call us now at (281) 810-9760.
Other Related Articles
Texas HB 1935 FAQs
Select a question from the dropdown below to reveal the answer: