Texas Unlawful carrying of weapon (club)

What is the name of your state? Texas
Need advice- a guy was stopped on a university campus for "running a stop sign." Cops give him a breath test and he passes, then they search his truck. They find an axe handle and ask what it's for and he says in case I ever get in a bad situation. They let him go with no citation and no warning. One week later, they show up at his place and arrest him for carrying an unlawful weapon. Is this legal? Why would they wait a week to arrest him? Is someone in the police dept/ DA's office trying to make an example of this otherwise average, normal guy who's never been in trouble with the law? What defense is there against this charge???

wazungu said:

What is the name of your state? Texas
Need advice- a guy was stopped on a university campus for "running a stop sign." Cops give him a breath test and he passes, then they search his truck. They find an axe handle and ask what it's for and he says in case I ever get in a bad situation. They let him go with no citation and no warning. One week later, they show up at his place and arrest him for carrying an unlawful weapon. Is this legal? Why would they wait a week to arrest him? Is someone in the police dept/ DA's office trying to make an example of this otherwise average, normal guy who's never been in trouble with the law? What defense is there against this charge???

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**A: is this your homework?

HomeGuru said:

**A: is this your homework?

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What?? No, this is really happening to someone I know and I just found out that since it happened on campus he must appear before a disciplinary committee for violating university rules. This could now affect whether or not he can remain a student in addition to his possible legal trouble. He wants to be a teacher and coach and I feel that if he has this on his record it will jeopardize his chances to do what he wants and is so good at. I understand about not having guns or knives on campus but an axe handle? Is that the same thing?

wazungu said:

Is this legal?

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Yes.

Why would they wait a week to arrest him?

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Several possible reasons....

Is someone in the police dept/ DA's office trying to make an example of this otherwise average, normal guy who's never been in trouble with the law?

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Unlikely.

What defense is there against this charge???

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Based on your post... none.

As a general rule any time you admit to a cop you MAY use an item as a weapon, it IS a weapon.

A bunch of kids in my hood were getting popped for that one summer, the local cops were on a roll.

The tip is to refuse to admit you would EVER use the item in question. I got questioned that summer, when a cop found a sawed off pool cue in my car, with a lead insert in the big end, and a string with a key in the other:

cop: what is this?

me: a key ring

cop: why use this as a key ring, and why the lead weight?

me: because that's how I like my key rings

cop: this is a weapon not a key ring

me: I would never use that as a weapon

cop: if someone was raping your sister you would use this as a weapon

me: if someone was raping my sister I would drop my key ring and look for a weapon

cop: if some guy with a knife dragged you out of your car at a stoplight, you would defend yourself with that pool cue

me: if that happened, I could get stabbed multiple times and I still would not use my key ring, never, ever, under any circumstance, would I consider using my key ring as a weapon

I drove away from that traffic stop with my pool cue in the trunk, and no ticket. Other kids got arrested for golf clubs, tennis rackets, ball bats, mini ball bats, tire irons, all kinds of stuff, because they admitted, or even bragged to the cop that "oh yeah I'd use my tennis racket if someone was raping my sister".

Carry whatever you want as a club, just never admit you would use it as a club.

Regarding the particular case in this thread:

"They find an axe handle and ask what it's for and he says in case I ever get in a bad situation"

If I was this guy I would claim by "bad situation" I meant a break down, car trouble, not a fight. Maybe even claim there was an axe head in the car, the thing was one camping trip away from being a complete axe.

I guess it really depends on what EXACTLY he said to the campus cops.

He should of said it was for cutting down trees very, very slowly...