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Tire Pressure Tool (knocker/ thumper)--WEAPON?!

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1

1TexasWife

Guest
(Dallas, Texas)

Can someone PLEASE help? My husband was carrying a wooden "tire thumper" when pulled over (for speeding) by a Dallas-area cop who insisted on searching his truck. The tire tool was found under his seat and he was arrested and charged with Carrying an Unlawful Weapon.

I heard that this is not a weapon unless it was intended to cause bodily harm, or if it has been modified. However, neither is the case, which SHOULD be easy to prove. Well, the cop said it is up to HIS discretion on whether to call it a weapon or not. Is this true? The tire thumper is the standard size, wooden "bat" with the rope handle on the end, and has a metal cap on the end. It is sold as a tire pressure checker in truck stops all over the US. I searched "tire thumper" and found several for sale such as this.

He has opted for a jury trial because he refused to settle for the charge... the trial is very soon. My husband has never had any criminal charges before, and we are in the middle of adopting a little baby. Is a wooden (unaltered) tire thumper an "unlawful weapon"? I'm scared!
 


1

1TexasWife

Guest
Our attorney says that he "can't promise anything" but that he will "try" and get the best verdict he can. No attorney seemed to be familiar with this type of case at all! As a business owner and wonderful family man, my husband is embarresed, confused and angry! :(
 

stephenk

Senior Member
why was the thumper under his seat instead of in a tool box or the back of the truck? Does your husband drive a rig or work at a truck stop where he would need to have a thumper?
 
1

1TexasWife

Guest
My husband owns a metal manufacturing business and often pulls big, heavy material and equipment on a large trailer behind his 1/4 ton truck. He kept the thumper in his truck for that reason. As far as the place where it was discovered (under his seat), he never once thought that it may be illegal, nor did I.

As I said, my husband is an upstanding member of the community, has no record, and has never even been in a fight. It was never, ever intended to be used as a "weapon". It is just trying to make others realize this is my worry. He could get up to a year in jail! He has a family of 5 to support and a business to run-- not to mention that we are in the process of finalizing adoption on our new baby girl. Believe me, he would never do anything to purposely break the law! I'm so frustrated and worried!
 

Son of Slam

Senior Member
Keeep that thing in Texas.

If he brings it to California, he could be charged with possession of an illegal weapon, a felony.
 
F

FRANKTIREGOD

Guest
And now you know the reason people hate cops and dont cooperate with the police!

Do the cops not have anything better to do?

Remember these things the next time you hear them complain about their pay.

I would get an attorney and fight it tooth and nail. Good luck.
BTW,Go for the jury trial. The judges in this country might as well double as police chief.

You walk into a court and the cops word is automatically better than yours!! ??

Here is Georgia we have quite a collection of misfits with badges. they have been convicted of everything from raping a 16 year old on the hood of their patrol car to murder. I can give you case after case.

Yet we leave it up to "his discretion". Yeah right. Show some discretion.

One thing you might want to look into if you get the charged dropped or an aquital is suing the cop personally in small claims court for lost wages,etc.
You probably wont win but you get to let him see how it feels.
 
D

Davey20

Guest
Anything is a weapon to police...A 4inch aluminum wrench with rounded edges "is a dangerous weapon" in my case. I wish they would cut their pay even more
 

JETX

Senior Member
"I heard that this is not a weapon unless it was intended to cause bodily harm, or if it has been modified."
*** Simply, you HEARD wrong. The applicable statute (Texas Penal Code, §1.07), defines a 'deadly weapon' as:
"(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious
bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury."

Clearly, the 'tool' as you describe it could be used, and is capable, of causing death or serious bodily injury.

"Well, the cop said it is up to HIS discretion on whether to call it a weapon or not. Is this true?"
*** If it matches, or could match, the above definition, yes.

"Is a wooden (unaltered) tire thumper an "unlawful weapon"?
*** In my opinion, yes, it could be found to be a deadly weapon. The only recourse that I can see would be if he could argue that the law is overly vague in its definition..... and that would require the services of a competent attorney.

Also, there are several cases where an owner of a 'tire thumper' has been charged with PDW, some dismissed, some convicted. Look at:
http://www.google.com/search?hl=en&lr=&ie=UTF-8&oe=UTF-8&q="tire+thumper"+weapon&btnG=Google+Search

And for 'Son of Slam', "If he brings it to California, he could be charged with possession of an illegal weapon, a felony."
Sorry, but not true. See:
http://www.freerepublic.com/forum/a367fc1125b07.htm
 
D

Davey20

Guest
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury."


Very vague definition indeed....A ball point pen could be used to cause serious injury if you get it in the eye socket. manner of its use or intended use.....this mean how were you holding the weapon at the time your actions also?
 

JETX

Senior Member
Son of Slam said:
Good. Now it's legal to have an illegal weapon if it's to defend yourself with. Make mine a machine gun. (Yes, machine guns are still illegal weapons in California)
Not exactly. :D

A civilian in California CAN own a fully automatic weapon (machinegun) if he is a licensed firearms dealer with an additional 'Special Occupational Taxpayer' license.
Such civilians can sell automatic weapons and suppressors to law enforcement or military; but no one else in California. :D
 

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